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Interim Criminal Code
Interim Criminal Code
INTERIM CRIMINAL CODE FOR COURTS
Chapter 1 General Provisions
Article 1 Applicable Rules
1. Three judges shall be assigned to every primary court. One of them as
President of the Court. In places where the said team cannot
because of lack of availability or security reasons, one judge shall be assigned
thereto, functioning as a monocratic
court. The decision to deploy one judge to
a district as a monocratic court is made by the President of the Provincial
Article 2 Record of Procedural Activities
- All the activities accomplished in execution of the provisions of
this code shall be recorded in written form by a public officer.
The judicial police activities shall be recorded by a police officer taking part
in the operations.
b. The Saranwal activities shall be recorded by a secretary of the
c. The activities of the judges shall be recorded by a clerk.
2. The activities which are mentioned in paragraph 1 of this article include
a full text or a terse compilation of the statements
of the suspect, accused,
victim, expert and witness as well as the description of the expert’s
activities and the running of
3. The records of the statements of the suspect, accused, victim and witness
shall be undersigned by them or when the person is unable
to do so signed by
4. In case the latter refuse or are unable to sign, the public officer
responsible for the recording shall mention the circumstances.
5. The above mentioned records constitute official documents.
The lack of recording, apart possible disciplinary actions against the
responsible of the omission brings about the legal inexistence
of the related
Article 3 Terms
- The procedural terms are indicated by hours or days.
- When a term established by days expires on a holiday it is extended
to the following working day.
- In the calculation of the duration of the term the hour or the day
of commencement shall not be included.
- The final day term for filing a document or accomplishing any
procedural activity expires at the hour of closure of business of the
office as established by the home rules.
Article 4 Presumption of Innocence
- From the moment of the introduction of the penal action until when
the criminal responsibility has been assessed by a final decision
the person is
presumed innocent. Therefore decisions involving deprivations or limitations of
human rights must be strictly confined
to the need of collecting evidence and
establishing the truth.
Article 5 Suspect and Accused
- A person is considered a suspect when in any deed of the
investigations the commission of a crime is attributed to him.
- A person is considered an accused when an act of indictment has
been enacted by the Saranwal according to paragraph 4 of article 39.
- The quality of accused remains until when the person is discharged
or sentenced by a final decision.
- The suspect and the accused shall not undergo intimidations or any
form of physical or psychological pressure.
- Their statements shall be made in a condition of absolute moral
- The suspect and the accused have the right to abstain from making
any statement even when they are questioned by the relevant police
- The police, the Saranwal and the Court are duty bound to clearly
inform the suspect and the accused before interrogation and at the
arrest about his or her right to remain silent, right to representation at all
times by defense counsel, and right to be
present during searches, line-ups,
expert examinations and trial.
- The words or terms “suspect” and “accused”
also include in their definition his/her defense counsel.
Article 6 Duration of Provisional Arrest
- The terms for the duration of provisional detention following the
arrest during the investigative phase are those established in article
- During the trial at the Primary level, the Court can extend the
detention for two additional months; during the trial at the appeal
Court can extend the detention for another two months term; during the trial
before the Supreme Court the detention can
be further extended by the same Court
for additional five months.
- Whether during the celebration of the above mentioned trials the
related terms expire, the arrested person shall be released.
Article 7 Exclusionary Rule
- The evidence which has been collected without respect of the legal
requirements indicated in the law is considered invalid and the
base its judgment on it.
Article 8 Final Decision
- The decision of the Primary Court is final if a valid appeal has
not been filed within the term prescribed by the law.
- The decision of the Court of Appeal is final if recourse to the
Supreme Court has not been filed within the term prescribed by the
- The decision of the Supreme Court is final.
- The Saranwal at the Primary Court shall give execution to the final
decisions. To this end the Court of Appeal and the Supreme Court
to the Saranwal at the Primary Court that adopted the initial decision the file
containing the procedural documents
and the objects confiscated.
Article 9 Denunciation of Forgery
- In every phase of the proceeding, the suspect, the accused and the
victim can denounce the forgery of a document considered among
- The denunciation is submitted to the Primary Saranwal during the
investigations and to the Court in the successive phases and degrees.
- The Saranwal is also entitled to make the denunciation of forgery
to the Court.
- If the investigating Primary Saranwal or the Court deems the
denunciation grounded the procedure is stayed. In this case the same
during the investigation phase or the competent Saranwal to whom the document
shall be transmitted introduces the penal
action for forgery.
- The proceedings are resumed when the issue has been settled by a
- Otherwise the proceedings are not discontinued and the document in
question is delivered after the final decision to the Primary Saranwal
adoption of the decisions belonging to his competence.
- In the decision that rejects the denunciation of forgery the
suspect or accused that made the case can be sentenced according to provisions
Article 10 Abstention and disqualification of the Saranwal
- The primary Saranwal is entitled to request his superior to make
him abstaining from the investigations when he believes that there
reasons to do so.
- The suspect has the right to request the higher Saranwal to
exonerate the primary Saranwal conducting the investigations against him,
presenting the evidence of the occurrence of the grounded reasons indicated in
- The superior Saranwal can decide to authorize the abstention of the
Primary Saranwal or exonerate him accepting his request or responding
complaint of the suspect when there are grounded reasons to do so.
- When the superior Saranwal has authorized the abstention of the
Primary Saranwal or has exonerated him, shall substitute the same.
Article 11 Abstention of the Judge
- A judge cannot handle the case if:
- the crime was committed against him or his relatives;
- he has performed the duties of the judicial police, of the Saranwal or has
given witness or functioned as an expert in the same case;
- he has been defense counsel of the accused.
- When the cases indicated in paragraph 1 occur, the judge of a
single member court shall request the President of the Provincial Court
authorize him to abstain.
- When the cases indicated in paragraph 1 occur to a judge member of
a collegial court, then he or she shall request the President of
the Court to
authorize him or her to abstain.
- When the cases indicated in paragraph 1 occur to the President of a
collegial court, he or she shall request the President of the
next higher court
to authorize him or her to abstain.
- The President of the appropriate level Court either accepts or
rejects the request. This decision cannot be protested.
- When the President of the appropriate level Court authorizes the
abstention, he or she shall substitute the requesting judge or President
handling of the case.
- Pending the decision, the criminal procedures shall be stayed.
Article 12 Disqualification of the Judge
- The accused or the Saranwal can request the disqualification of a
judge or a President when he/she thinks that one of the cases
paragraph 1 of art. 11 occurs.
The request shall be addressed
according to the case to the appropriate President indicated in paragraph 2, 3
and 4 of art. 11.
The president either accepts or rejects the request.
2. In case of acceptance, the President of the appropriate level
Court shall substitute the disqualified judge or President.
cannot be protested.
- Pending the decision, the criminal procedures shall be stayed.
Article 13 Definition of Flagrante Delicto
1. A crime is considered flagrante delicto in the moment in which is
2. The perpetrator who is caught during the commission of crime is in a
state of “flagrante delicto.”
3. It is considered also in state of flagrante delicto the prepetrator when,
upon the commission of the crime, is immediately pursued
by the police, or the
victim or other persons.
Article 14 Joinder and Severance of Cases
- The Primary Saranwal or the Court can join different cases
- a suspect or an accused is alleged of having committed more than one
- different investigations or trials are conducted in relation to
accomplishers in the same crime;
- the same evidence is relevant for different crimes.
- The primary Saranwal and the Court can sever joint cases when:
a) this contributes to a more expeditious handling of
b) adults and minors are accomplishers in the same crime.
Article 15 Procedural Nullity and Consequences
- The criminal procedure is considered null and so declared, even ex
- The persons who have acted as judges or Saranwal did not posses the related
- The procedure has not been instituted by the Saranwal and when he has not
been present in cases in which his presence is mandatory.
Article 16 Procedural Invalidities and their
- All the violations of procedural provisions different from those
indicated in the previous article bring about the invalidity of the
only if they are denounced by the interested party.
- When the denunciation is made during the investigations or the
trials the responsible judicial authority shall make decisions to redress
procedure whenever possible.
- In any case the denunciation can be made in the appeal or in the
recourse to the Supreme Court.
- The Court of Appeal or the Supreme Court declares the invalidity of
the procedure whenever it appears that the violations of procedural
have provoked relevant distortions in the decision of the case.
Article 17 General Rules for Notifications
- The notifications are served by the judicial police that shall give
the requesting judicial organs a report on the service rendered.
- The notifications are served in the domicile of the concerned
person in his hands or in the hands of an adult relative or cohabitant.
this not be possible, a copy of the deed is left at his dwelling place.
- When the person is under arrest the notification is served on him
through the Director of the prison.
- When it has not been possible to locate the domicile of the
concerned person, the judicial police shall conduct accurate investigations
aimed at identifying the places where the person lives or works. In case the
search for finding these places proves fruitless, the
notification deed shall be
delivered to the administrative organ of the place considered as the
person’s last place of residence.
Chapter 2 Common Provisions for the Suspect and the Accused
Article 18 Defense Counsel
- Legal assistance to the suspect and the accused requires the
service of a qualified professional.
2. To this end an official
register is established in the Ministry of Justice where only persons with a
university degree in law or
sharia can be included.
3. The suspect and the accused can be, in any case, assisted by a defense
counsel of their choice.
Article 19 Legal Aid
1. The suspect or the accused be financially unable to appoint a defense
attorney are entitled to have a free defense attorney appointed
for him or her
in the following manner:
a. The investigating Saranwal or the Court adjudicating the case, on the
petition of the person, appoints a defense attorney for the
from amongst the lawyers officially permitted to work as defense attorney.
b. The person for whom an attorney has been appointed reserves the right not
to accept the appointed defense attorney and to defend
himself in person.
c. The fees of the aforesaid attorney shall be paid from the State budget and
its extent shall be fixed by regulation.
Article 20 Interpreter
- The suspect or the accused who does not know the language used
during the investigations and the trials or who is deaf, dumb or deaf
shall be given an interpreter for, at least, explaining to him the charge and
the indictment and for assisting him during
the interrogations and
Chapter 3 Reporting of Crimes and Role of the
Article 21 Reporting of Crimes
- Police are duty bound to report within 24 hours to the Primary
Saranwal all the crimes they happen to know.
- Public officers are duty bound to report crimes ascertained in the
performance of their duties.
- Private citizens are duty bound to report to the judicial police or
the Primary Saranwal only crimes against internal and external
Article 22 Institution of Proceedings
- The Primary Saranwal has the obligation to introduce the penal
action for detection and prosecution of all crimes, known directly
by him or
reported to him, committed in the territory of the District, unless otherwise
expressly provided by law.
- The Saranwal shall not dismiss or stay a case except as otherwise
provided by the law.
Article 23 Investigations
- The Primary Saranwal performs the investigation activities by his
own or making recourse to the collaboration of the judicial police.
- The purpose of the criminal investigation is the establishment of
the truth and in order to do so the Primary Saranwal shall extend
to cover all facts and evidence relevant for establishing whether the crime has
been committed and ascertaining who
is responsible for it.
- In conducting the investigations the Primary Saranwal is duty bound
to evaluate incriminating and exonerating circumstances equally
and to respect
the interest of the victims.
Article 24 Transfer of the Investigation
- When in the course of the investigations it appears that the
competence belongs to another District the Primary Saranwal shall transfer
case to the latter.
- The suspect who deems that the competence belongs to a different
Primary Saranwal can submit to the investigating Primary Saranwal
a request for
- Should the Primary Saranwal refuse to transfer, the suspect can
file a complaint to the higher Saranwal, whose decision cannot be
Chapter 4 Jurisdiction of the Courts
Article 25 Jurisdiction on crimes
- The District Courts are competent for adjudicating petty,
misdemeanors and felony crimes according to the provisions of the law.
Article 26 Territorial Jurisdiction
- The territorial jurisdiction is determined by the place where the
crime is committed.
- In case of attempt crime the competence belongs to the Court which
has jurisdiction on the place where the last action for the commission
crime has been accomplished.
- In case of continuing or permanent crime the competence belongs to
the Court having jurisdiction on the place where the continuation
- When an accused is to be adjudicated for more than one crime, the
territorial competence belongs to the Court having jurisdiction
in the venue
where the most serious crime has been committed.
- When the Court realizes that in cases of multiple crimes committed
by the accused the most serious crime has been committed in another
shall transfer the procedure to the court having jurisdiction in that venue.
Article 27 Conflict Between Two Courts
- When between two District Courts located in the same Province
raises a conflict on the attribution of territorial jurisdiction, the
ruled by the President of the Provincial Court.
- When the said conflict raises between Courts in different
Provinces, the case is ruled by the Supreme Court.
- The settlement of the territorial jurisdiction conflict is made at
the request of one of the conflicting Courts or of the related
- The decision settling the conflict is notified to the competent
Chapter 5 Duties and Jurisdiction of Judicial Police
Article 28 Categories of Judicial Police Officers
- Judicial police are categorized as follows:
- the Judicial police’s commissioned officers are the superior ranks of
the State police;
- the ordinary officers of the judicial police are the low ranks of the State
- Special laws can attribute the functions of judicial police to
other public officers.
Article 29 Role of Judicial Police
- The judicial police perform their duties under the direction and
supervision of the Saranwal.
- The judicial police have the role of detecting crimes, collecting
evidence, and seeking suspects in the pursuit of justice.
Article 30 Judicial Police’s Arrest
- The judicial police shall arrest on their own initiative: a) the
offender who is caught in state of flagrante delicto of misdemeanors,
by medium term imprisonment, or felony; b) the person who is allegedly the
author of a felony and there is risk of his disappearance.
- In all other circumstances, the judicial police perform arrests
only in execution of orders of the judicial authorities.
Article 31 Judicial Police’s Interrogation
- The judicial police, after having identified the person arrested on
their own initiative, inform him of the reasons of the arrest
the same about the crime and its circumstances within a maximum of twenty-four
- Immediately after a report shall be sent to the Primary Saranwal
and the person shall be put at his disposal.
Article 32 Judicial Police’s Urgent Activities
- In case of flagrante delicto and whenever there are grounded
reasons to believe that urgent action is needed to preserve the evidence
judicial police can, on their own initiative, conduct preliminary investigations
- personal frisks or searches of premises and other places;
- seizure of objects and documents;
- inspection of persons and places, taking photos;
- requesting the assistance of experts for performing activities which require
special professional qualification.
- Immediately after having performed the above listed activities, the
judicial police shall send a report to the Primary Saranwal.
- Defense Counsel of suspect and accused has the right to be present
in investigation and interrogation phases according to art. 38
Chapter 6 Investigation Performed by the
Article 33 Ratification of the Police’s Decisions
- The Primary Saranwal immediately after having been informed about
the judicial police’s activities indicated in articles 30,
31 and 32
either sanctions the deeds of the judicial police’s activities or adopts
decisions to revoke or modify them.
- Before taking the actions mentioned in the previous paragraph the
Saranwal can ask the police to provide explanations.
Article 34 Interrogation of the Person Arrested
- The Primary Saranwal shall interrogate the person arrested within
forty-eight hours from the moment when the person has been put at
- The Primary Saranwal can release the arrested suspect whenever he
deems no more necessary the deprivation of liberty.
Article 35 Arrest and Seizures by the Primary Saranwal
- In the course of the investigations activities the Primary Saranwal
can order the arrest of the alleged author of a misdemeanor punishable
term imprisonment or felony and seizure of items and goods connected with the
- The person arrested shall be interrogated within forty-eight
Article 36 Terms for Indictment in Case of Arrest
- When the arrest performed by the Judicial Police is sanctioned or
when the arrest has been ordered by the Saranwal and it remains
in force, the
arrested person shall be released if the Saranwal has not presented the
indictment to the Court within fifteen days
from the moment of the arrest except
when the Court, at the timely request of the Saranwal, has authorized the
extension of the term
for not more than fifteen additional days.
Article 37 Collection of Evidence
- During the investigations phase the Primary Saranwal shall collect
all relevant evidence which can substantiate a decision pros or
- The collection of evidence is not restricted to particular forms or
matters. The Primary Saranwal is free in selecting tools and
- The following shall be considered as key tools:
- Line up procedures
- Expert exams and evaluations
Article 38 Defense Counsel Presence
- The defense counsel has the right to be present at all times during
the interrogation of the suspect.
- The suspect and the defense counsel have the right to be present
during searches, confrontations, line-up procedures and expert examinations
well as during the trial.
- In the investigation phase the Saranwal and the judicial police
shall notify the suspect and his defense counsel of searches, confrontations,
line-up procedures and expert examinations in order to allow them to be present.
This duty can be waived only when there is an urgent
need to conduct the said
operations, which is defined as when it is a flagrante delicto crime or there is
a fear of the loss of evidential
Article 39 Conclusion of the Investigation
- At the conclusion of the investigations phase, if the Primary
Saranwal deems that there is not grounded evidence dismisses the case.
- The victim or higher Saranwal can file a complaint to the Court
against this decision within ten days.
- The Court, after having examined the case, can confirm the decision
of the Saranwal or vice versa request him to lodge the indictment.
- In any other case the Saranwal shall submit to the Court the act of
indictment requesting the assessment by trial of the criminal
the indicted person.
- The act of indictment is comprised of the following:
- Complete identification of the suspect;
- Complete description of the crime.
- Together with the act of indictment the Primary Saranwal shall
transmit to the Court the file containing all the deeds formed during
investigations, putting at the Court’s disposal the seized items and
Chapter 7 Notification of the Deeds and Representation During the
Article 40 Notification on the suspect
- During the investigations the judicial police and the Saranwal
shall give notifications of the deeds to the suspect, to his defense
the victim of the activities to be accomplished, to which they have the right to
- If there are no particular grounded reasons of urgency, the
notification should be served at least three days before the performance
- Reasons of urgency imposing a shorter period or absence of
notifications shall be clearly mentioned in the record of the activities.
Article 41 Notification on the Not Found Suspect and his
- When it has not been possible to identify any of the places
indicated in article 17, the notifications shall be served on a defense
appointed by the police during their autonomous investigations, or by the
Saranwal during his investigations.
- The appointment of the defense counsel is made by the police and
the Saranwal in a written form.
- In this case the defense counsel represents the suspect.
- The above indicated decision ceases to take effect at the end of
Chapter 8 The Trial
Article 42 Preparation of the Trial
- The Court immediately after having received the act of indictment,
orders the notification of the deed indicating the day and hour
fixed for the
commencement of the trial.
- The deed shall contain the name of the accused and the indication
of the alleged crime with its factual circumstances in reference
to the related
law provisions and shall be served on the accused and his defense counsel, the
victim and the Saranwal at least five
days in advance.
Article 43 Access of the Accused to the Findings of the
- The accused and his defense counsel are entitled to examine the
documents contained in the file mentioned in the last paragraph of
and the objects under seizure.
Article 44 Mental Insane Accused
- If during the trial it appears that the accused suffers of a mental
illness which prevents him from the possibility of defense, the
Court either ex
officio or at the request of the Primary Saranwal stays the proceeding
submitting the accused to mental examination.
- Should examination confirm the above indicated mental state, the
resumption of the proceedings is postponed until the suspect recovers.
- In case the accused is later on sentenced to imprisonment, the time
spent in a close institution for the mental examination is detracted
Article 45 Accused’s Obligation to Appear
- The accused, either under detention or at liberty, shall be obliged
to appear before the court when confrontations or experiments
physical presence are scheduled.
- The accused at liberty refusing to appear in the instances
indicated in the previous paragraph shall be accompanied by the police.
Article 46 Trial in Absence of the Not Found Accused
- When it has not been possible to serve the notifications on the
accused in any of the forms provided for in article 17, because none
places there indicated are known, the Court shall issue a decree stating that
the accused cannot be found, appointing a defense
counsel for him.
- Later on the notifications shall be served on the defense
- Notifications made in this way are valid to all intents and
purposes. The accused that cannot be found is represented by the defense
- The decree indicated in the first paragraph ceases to take effect
at the end of the degree in which has been issued and shall be re-issued
of the following degrees.
- Every decree must be preceded by a new search in the places
indicated in article 17.
Article 47 Trial in Absence of the Summoned Accused
1. When the notification indicated in article 42 has been delivered to the
accused and he does not appear, the judge appoints a defense
2. Notifications continue to be served on the accused following the
provisions of article 17.
Article 48 Hearings in Progress
- When the trial requires more than one hearing, the Court fixes the
date and hour of the successive hearing, giving verbal notice to
the defense counsel and the other persons who have to appear.
Article 49 Attendance of Witnesses and Experts
- Witnesses and experts are duty bound to be present in the hearing
indicated in the notification served on them.
- If they do not appear without grounded justifications the Court
orders their accompaniment by the police imposing on them a fine up
Article 50 Oaths
1. Witnesses who have completed fourteen years of age are duty bound to
swear, before giving evidence in Allah’s name to tell
the truth and be
honest in their testimony.
2. If the witness has used the term “Ash-ha-do” knowing that the
term itself implies taking an oath, he or she is not
required to swear in that
terms. However, it is permissible for information gathering to hear the
testimony of a witness under fourteen
years of age without making him take the
oath of truthfulness.
Article 51 Admission of Witnesses and Experts
- The Primary Saranwal submits to the Court the list of the witnesses
and experts he wants to be heard together with the act of indictment,
the reasons of the relevance of their testimony and exams.
- The accused and/or his defense counsel have the right to present
their own lists of witnesses and experts indicating the reasons of
of their testimony and exams.
- The Court can exclude those witnesses or experts that in its view
do not appear material for the adjudication of the case.
- The Court, on its own initiative, can order the appearance of
witnesses or experts who are not included in the above mentioned lists.
Article 52 Order of the Hearing
- The order of the hearing is explained to the persons present by the
Head of the Court.
- The court keeps the order of the hearing. Hearings are open to the
public except when the court decides that all or part of it shall
be run without
the presence of the public for reasons of morality, family confidentiality or
- The Primary Saranwal, the accused and his defense counsel have the
right to be always present.
- The accused that with his behavior disrupts the proceedings can be
excluded by the Court for part or all the duration of the hearing.
He is anyhow
readmitted in the room when the verdict is read out.
Article 53 Conduct of the Hearing
- The Primary Saranwal is duty bound to take part in the
2. The accused and his defense counsel have the right to
3. The Court proceedings are conducted according to the following
- At the opening of the hearing the Court reads out the act of indictment;
- When the accused is under detention the Court shall immediately assess the
legality of the arrest and order the liberation of the
accused when realizes
that the arrest was unlawful or not necessary;
- The Primary Saranwal makes an oral presentation of the case and of the
findings of the investigations;
- The judicial police officers who have conducted the investigations make oral
reports of the activities accomplished;
- The first witness to be heard is the victim;
- Then the other witnesses and the experts are heard;
- The accused can testify if he does not avail himself of the right to remain
silent and the accused or his defense counsel can ask
questions to the witnesses
and the experts;
- In case the witness cannot be present for health reasons the Court can hear
him in his domicile;
- The primary Saranwal and the defense lawyer can ask question to the accused.
4. The Court can, at any time, address questions to the
accused, to any witness in the hearing and order confrontations.
- The accused can refuse to answer the questions of the Court
consistent with his right to remain silent.
Article 54 Exemption from Testimony
1. Spouses have the right not to give evidence against each other, even
though their marital relation be ended.
2. The accused’s ancestors and descendants and their relatives of
second degree have the right to avoid testifying against
one another except
a. the charge legally attributed to the accused is not committed
against the witness himself; or
b. they reported the criminal
Article 55 Evidentiary Value of Investigative Activities
- The records of the testimonies of the witnesses as well as of the
expert exams, collected during the investigative phase, can have
the value of
evidence as basis for the decision only if it results that the accused and/or
his defense counsel were present during
the operations and were in a position to
raise questions and make objections.
- Otherwise the related deeds have the sole value of clues.
Article 56 Concurrent Crimes and Circumstances
- If from the deeds of the investigations or during the trial it
results that there are alleged additional crimes and/or facts contributing
aggravating circumstances which have not been included in the act of indictment
the Court, at the request of the Primary Saranwal,
makes the related accusation
to the accused and/or to his defense counsel, when present, giving them adequate
time to prepare the
Article 57 Different Definition of the Crime
When the Court deems that the crime is to be given a different definition
from that indicated in the act of indictment on the basis
of the same facts and
circumstances included in the accusation shall grant the accused and the defense
counsel a time allowance for
presenting a defense vis-à-vis the change in
Article 58 Conclusion of the Trial
- At the conclusion of the operations indicated in the previous
articles, the Primary Saranwal expresses his opinion requesting the
make a decision of dismissal or sentence, indicating the kind and the amount of
punishment he deems adequate.
- The accused or the defense counsel, when present, submits to the
Court arguments in rebuttal of the accusation.
Article 59 Decision of the Court
- At the completion of the activities, the Court declares the closing
of the hearing and leaves the trial room for writing down ‘in
chamber’ the decision of the case.
- Later on, the Court enters the trial room again and reads out the
verdict together with its reasons. This reading has the value of
If the reasons of the verdict are not read out by the Court in the same context,
they shall be deposited in the office
of the secretary of the Court within
fifteen days from the moment of the decision.
- The Primary Saranwal, the accused and his defense counsel shall
receive notification of the deposit indicated in pararagraph 2 of
- The accused tried in absentia, in the case of article 47, shall
receive notification of the decision read out by the Court together
reasons deposited later on in the office of the secretary of the Court.
- The notification indicated in the previous paragraph is served on
the defense counsel of the accused in the case of article 46.
Article 60 Order of Arrest in the Decision
- When the Court decides to impose a sentence of more than three
years of imprisonment in the same decision can include an order of
Article 61 Requirements of the Decision
- The decision shall contain:
- The identification of the accused;
- The description of the facts and of the circumstances included in the
- A terse exposition of the reasons of the same decision with reference to
facts and law provisions;
- The verdict
Article 62 Payment of Expenses of the Procedure
- In imposing the sentence, the Court shall also order that the
sentenced person pays the expenses incurred during the procedure.
- If the related amount cannot be specified in that moment the order
shall be given in generic terms mandating the administrative office
to make the
Chapter 9 Appeal Procedure
Article 63 Appeal against the Decision of the Primary Court
- The person who has been sentenced or the Primary Saranwal can
contest the decision of the Court by filing an appeal.
- The competent Court of Appeal is the Provincial Court.
- The act of appeal shall be deposited with the secretary of the
Court, which has made the decision, or with the secretary of the competent
of Appeal within twenty days from the moments in which:
- The Court has read out in the Court room, in the same context, the verdict
and its reasons at the conclusion of a trial in which the
accused and/or his
defense council were present;
- The reasons of the verdict, which were not read out together with the
verdict, have been notified to the accused and to the defense
counsel; in this
case the second notification is considered the beginning of the term;
- The accused tried in absentia has received the notification of the
- When in the same decision more than one person has been sentenced
the last notification is considered the beginning of the term for
Article 64 Stay of the Procedure and Appeal of the decision in case
of the not found accused
- After the decision of the court in case of the not found accused
the procedure stays until when the accused personally or the defense
delegated by him/her lays down an appeal.
- In this case the beginning of the appeal term starts for the
accused from the moment in which the same has been found and also a notification
according to article 17 has been delivered to him/her.
- The beginning of the appeal term starts for the Saranwal from the
moment in which the Court notifies him about the notification delivered
- If the accused and the Saranwal do not lay down an appeal during
the said term the decision becomes final.
Article 65 Modalities of the Appeal
- The act of appeal shall be signed by the accused or by his defense
counsel when the latter has represented the accused during the
trial or by the
- The secretary of the Court receiving the act of appeal has to
register it specifying the date and hour of the delivery.
- If the accused who wants to file the appeal and delivers a written
text is unable to sign it because illiterate or for any other reason
fingerprint it and the secretary of the Court shall certify this in the
- If an illiterate person wants to file an appeal but is not in a
position to present a written text, the secretary of the Court shall
in the register his verbal statements.
Article 66 Content of Appeal
- The act of appeal shall contain the indication of the contested
decision and expose the reasons according to which the decision is
- The denunciation of the errors of the decision shall make reference
- Wrong application of the law and definition of
b. Wrong evaluation of facts and
c. Wrong application of the penalty and/or of its amount.
Article 67 Introductory Activities to the Appeal Trial
- When the act of appeal has been deposited with the secretary of the
Court which has made the contested decision, he shall immediately
the Provincial Court the act of appeal deposited with him, and a copy of the
related annotations on the register.
- In the same time he shall forward to the Provincial Court the file
containing all documents produced in the previous procedural phases,
objects and documents seized.
- When the act of appeal has been deposited with the secretary of the
competent court of appeal, the President of the Provincial Court
the secretary of the court, which has made the contested decision to transmit
the file containing the documents produced
in the previous procedural phases,
the objects and documents seized.
4. The President of the
Provincial Court, upon reception of the above indicated material, shall fix the
date and hour of the hearing
for discussing the appeal and shall order the
police to notify to the appealer and the Provincial Saranwal his decision.
notification shall be made to the appealing Primary Saranwal and to the
adjudicated person in case the appeal was filed by the Primary
- The notification shall be served to the accused, the adjudicated
person and the primary Saranwal at least five days before the date
6. The Provincial Saranwal, the accused, the adjudicated
person and defense counsels have the right to consult the documents and
vision the seized material.
Article 68 Powers of the Court of Appeal
- The Court of Appeal shall confine its review to the points of the
decision to which the act of appeal makes reference.
2. When the
Appeal is filed by the primary Saranwal the Court can:
a) impose punishment in the case the accused was found not guilty in the
b) increase the punishment in the case the decision was founded on an error
in the interpretation or application of the law.
3. When the appeal is filed only by the accused the Court can in no case
increase the punishment inflicted by the Primary Court.
Article 69 Appeal
- Whether the Court of Appeal deems that the activities accomplished
in the previous procedure are not sufficient for making a sound
decision, it can
hear the witnesses and experts already appeared in the Primary Court and collect
new documents and explore new proofs.
- Otherwise the Court makes its decision on the basis of the existing
material and of the arguments presented during this discussion.
Article 70 Decision of the Court of Appeal
- The appeal is rejected if it has not been filed within the
- The decision of the Court of Appeal can confirm or modify in all or
in part the previous decision.
- In the verdict the Court can order the arrest of the accused or
release the accused under arrest.
- The provisions of article 59 are applicable.
Chapter 10 Recourse to the Supreme Court
Article 71 Recourse against the Decision of the Court of Appeal
- The person sentenced by the Court of Appeal, the victim or the
Saranwal can lodge a recourse to the Supreme Court only if the complaint
- Violations in the application of the law or wrong interpretation of the law;
- A decision based on the provisions of article 7.
Article 72 Terms of the Recourse
- The act of recourse shall be deposited with the secretary of the
Court of Appeal which has made the decision or with the secretary
competent collegium of the Supreme Court within thirty days from the moments
indicated in paragraph 3 of article 63.
Article 73 Modalities of the Recourse
- For the modalities of the act of recourse the provisions of article
65 are applicable.
Article 74 Introductory Activities to the Supreme Court Trial
- When the act of recourse has been deposited with the secretary of
the Court of Appeal, this shall immediately transmit to the Supreme
act of recourse deposited with him and a copy of the related annotations on the
- In the same time he shall forward to the Supreme Court the file
containing all documents produced in the previous procedural phases,
and documents seized.
- When the act of recourse has been deposited with the secretary of
the competent collegium of the Supreme Court this shall request
the secretary of
the Court of Appeal, which has made the contested decision to transmit the file
containing all documents produced
in the previous procedural phases, the objects
and documents seized.
- The competent collegium of the Supreme Court, upon reception of the
above indicated material shall fix the date and the hour of the
discussing the recourse and shall order the police to notify to the accused
claimant and to the Saranwal his decision.
Similar notification shall be made
to the claimant Saranwal and to the adjudicated person when the recourse has
been filed by the
- The notification shall be served to the accused, the adjudicated
person and the Saranwal at least five days before the date of the
- The accused, the adjudicated person, defense counsels and the
Saranwal have the right to consult the documents and to vision the seized
Article 75 Supreme Court Hearing
- At the opening of the hearing a judge of the collegium of Supreme
Court makes an oral exposition of the case indicating the points
of the Court of
Appeal’s decision which are in question and the reasons of the
- Then the party which has filed the recourse makes an oral
presentation of the recourse with comments on the alleged errors or violation
- Thirdly, the other party takes the floor presenting arguments in
support of the appeal decision.
- During the discussion the President and the members of the Court
can address question in order to receive clarifications on given
issues. At the
end of the discussion the Court leaves the trial room and takes its decision in
Chamber. Later on the Court enters
the trial room and the President reads out
the adopted verdict.
- The Court can read out the reasons of the decisions in the same
context, or otherwise, deposit them with the secretariat later on.
Article 76 Reject of the Recourse
- The Supreme Court rejects the recourse and confirms the decision
- It has not been lodged within the established term;
- The complaint does not concern one of the issues indicated in article
- It results that the complaint is not grounded.
Article 77 Amendment of the Protested Decision
- Wrong interpretations of the law or wrong references to law
provisions contained in the reasons of the verdict of the Court of Appeal
bring about the annulment of the protested decision if they have not had a
decisive influence on the verdict. In this case,
the Supreme Court makes the
amendments on its own and informs the Court which made the protested decisions
about the errors.
- When in the protested decisions must be corrected only the kind or
the amount of the punishment, because they were wrongly indicated
the correction is made directly by the Supreme Court.
- The Supreme Court amends directly the protested decision when law
provisions more favorable to the accused, even if supervened after
the filing of
the recourse, must be applied.
Article 78 Decision of the Supreme Court without Referral
- The Supreme Court quashes the protested decision when:
- The accusation does not constitute a crime, statute limitation has occurred
or the prosecution was not permitted;
- The decision concerns matters which are beyond the jurisdiction powers;
- The sentence was adopted against a wrong person;
- Results that for the same person and the same facts a previous decision was
- The same Supreme Court deems superfluous to refer the decision or can amend
it on the basis of the already existing documentation.
Article 79 Referral to the Court of Appeal
- In any other case different from those indicated in articles 76, 77
and 78 the Supreme Court quashes the decision and refers the case
to a Court of
Appeal different from the one which made the decision or to the same Court
composed by different judges.
- In its referral the Supreme Court gives directions to be followed
in reviewing the case.
- The decision of the Court of Appeal can be protested according to
the provisions of article 71 and following.
Article 80 Scope of the Supreme Court Decision
- The protested decision can be quashed in full or in part.
Chapter 11 Review of Court Sentences
Article 81 Cases of Revision
- It is permitted, at all times, the revision, in favor of the person
sentenced for misdemeanors or felonies, of the final decision
in the following
- When the facts on which the sentence is based cannot be reconciled with the
facts established in another final decision;
- When a judgment drawn up by a civil Court upon which the sentence is
grounded has been quashed;
- When facts, circumstances or documents, demonstrating the innocence of the
sentenced person, which were not known before the sentence,
are newly disclosed
- When it turns out by means of judicial assessment that the sentence was
based on false testimonies, forged documents or any other
fact of criminal
nature which have been assessed by a final judicial decision;
- When after a sentence for murder new evidentiary elements supervene or
emerge according to which results that the death of the person
- When the sentence was adopted at the end of a process conducted without
informing the accused by regular notifications or not giving
him the possibility
to appear so to deprive him of the right of defense or when a real impediment
for appearing was not known or
disregarded by the Court.
Article 82 Right to Revision
- The revision can be requested by the Saranwal, the sentenced
person, or his or her defense counsel, or a close relative or heir.
- In any instance, the request for revision must have the consent of
the sentenced person unless the sentenced person is determined
by the court to
be incompetent, in which case the revision may be requested by the defense
counsel or a close relative or heir without
consent of the sentenced person.
Article 83 Revision Procedure
- The petition for revision shall be forwarded to the Supreme Court
together with the documents on which it is grounded.
- Filing a revision petition does not stay the execution of the
protested sentence except in the case of capital punishment.
- The petition is evaluated by a Committee composed of a Supreme
Court Justice and two appellate judges who are assigned by the Court’s
Presidents for consideration of the case.
- The Attorney General shall express his opinion on the granting of
- If the Committee finds that the petition is not convincingly
grounded rejects the same, otherwise submits the petition to the Supreme
delivering together with it the related file.
- The decision of the Committee cannot be protested.
- The Supreme Court upon reception of the petition and the related
file shall fix a hearing ordering the notification of its decision
requesting person and the attorney General that shall be served at least five
days before the day of the hearing.
- During the hearing the sentenced person or his defense counsel and
the Saranwal express their views on the fundament of the petition.
- In the event the Court approves the petition, it quashes the
sentence and acquits the sentenced person if his innocence is obvious.
- If the Court deems that the petition is not based on valid grounds,
rejects the same.
- When the Court finds that the case needs to be reassessed it shall
dispatch the case to the Court that adopted the protested decision
different judges, or to another Court of the same level, giving it instructions
for a proper review.
- The review shall be conducted according to the rules applicable for
normal hearings and the decision adopted replaces the previous
subject to protests which were allowed against the latter.
- When as a consequence of the revision the sentenced person is
acquitted the court, composed of different judges, shall order the restitution
of the procedural expenses and any other cost paid as a result of the previous
sentence. In case the concerned person is dead the
restitution shall be made to
- Whenever a revision petition is rejected it is not allowed to file
it again on the same grounds.
Chapter 12 Execution of Courts’ Final Decisions
Article 84 Authority Responsible for Execution
- The execution of final decisions is the responsibility of the
Saranwal indicated in paragraph 4 of article 8.
Article 85 Execution of Prison Punishments
- The Saranwal shall transmit to the Commander of the local police
office the order to commit the sentenced person to prison when the
latter is not
- When the sentenced person is outside the jurisdiction of the local
police office the police commander who has received the order shall
to the Commander of the police having jurisdiction on that place.
- The same Saranwal can send the order directly to the said
- If the sentenced person is already detained the Saranwal shall
inform the Ministry of Justice about the sentence requesting its execution.
- The above mentioned order and information shall contain personal
particulars and whatever is needed to identify the person as well
indications of the judicial decision and of the penalty imposed.
Article 86 Execution of Sanctions Alternative to Imprisonment
- The Saranwal shall transmit to the Commander of the local police
office the order for the execution of sanctions alternative to
- The provisions of paragraphs 2, 3, and 4 of article 85 are
- The police shall supervise the regularity of the execution and
report to the Saranwal periodically about the behavior of the sentenced
- If the sentenced person infringes the prescriptions contained in
the execution order the Saranwal shall report the case to the competent
which can replace the adopted sanction with a prison term of original
Article 87 Execution of Fines
- The Saranwal shall transmit to the Ministry of Justice the order
for the execution of fines.
- The Ministry of Justice, directly or requesting the collaboration
of financial institutions, shall collect the indicated sums which
delivered to the Ministry of Finance.
Article 88 Execution of Decisions for Confiscation of Objects and
- The Saranwal shall transmit to the Command of the police having
jurisdiction on the place where the objects and assets to be confiscated
located the related order containing the indications needed for the
identification of the said objects and assets.
- The confiscation and the destination of the objects and assets are
performed by the police.
Article 89 Special Provisions for the Execution
- The time spent under arrest before the final decision shall be
deducted from the prison or alternative sanction term to be executed.
- When a prison sentence is to be executed towards a woman who is six
months pregnant the Saranwal can stay the execution until four
months after the
delivering of the child.
- When a prison sentence is to be executed towards a person who
results to be mental insane the execution is stayed until his recovery.
Saranwal orders his transfer to a medical centre for the treatment of the mental
illness. The time spent in intramural treatment
shall be deducted from the
- When a prison sentence is to be executed against a person affected
by a serious physical illness, the Saranwal can stay the execution
suggestion of a medical doctor who certifies that the imprisonment could be
seriously prejudicial for the health of that person.
The execution shall start
as soon as the physical conditions of the concerned person permit the
imprisonment. In this case no time
is deducted from the prison term.
- When a husband and his wife have been sentenced to prison for a
term not exceeding one year, though for different charges, the Saranwal
the execution against one of them if he/she is not a recidivist and is
supporting a child of less than fifteen years. The
execution shall start when
the child reaches the age of fifteen.
Chapter 13 Conditional Release
Article 90 Definition
- Conditional release is the decision to put at liberty, under given
conditions, a sentenced person before the expiration of his prison
term, for a
period equivalent to the duration of the same term.
Article 91 Conditions
- Conditional release can be granted to a person serving a prison
term as consequence of one of more crimes who, during the execution
penalty, has behaved in such a way to demonstrate his social
- This benefit can be granted only if the person has served three
quarters of the term and at least nine months of imprisonment.
- In case of life sentence the benefit can be granted only after
fifteen years of imprisonment.
- The decision is adopted ex officio or following the proposal of the
Director General of the Prisons, by the Court having jurisdiction
on the place
where the sentenced person is detained.
- In its decision the Court shall indicate the behavioral
prescriptions that the person must follow in the future.
- The police shall report periodically to the Saranwal about the
behavior of the person under conditional release.
Article 92 Revocation
- Conditional release is revoked if before the expiration of the
original term the person commits another crime or commits gross violations
- In case of revocation half of the time spent under conditional
release is subtracted from the prison term.
- The revocation is decided by the same Court that has granted the
benefit at the request of the Saranwal.
Article 93 Procedure
- Both the decisions for granting conditional release and for its
revocation are adopted by the Court after having heard the concerned
the Saranwal in an informal hearing.
- Before adopting the decision for granting the release the Court
shall also hear the Director of the prison in which the sentenced
served the previous prison time.
Chapter 14 Problems of
Article 94 Competence and Procedure
- The Court indicated in paragraph 4 of article 8 is competent to
consider, at the request of the sentenced person or of the Saranwal,
raised in the course of the execution.
- Whenever the Court finds the raised problem of no or scarce
relevance it declares it inadmissible, otherwise, after having informally
the complainer, the Saranwal and, in case of imprisonment execution, the
Director of the prison adopts a decision giving instructions
for redressing the
- The decision is notified to the person under execution, the
Saranwal and the Director of the prison.
- The decision can be appealed to the Provincial Court only in case
of a gross violation of human rights in question.
Article 95 Disputes on Property
1. When a dispute arises on the belonging of objects or assets seized or
confiscated and the case cannot be solved by the penal Court
on the basis of
existing documents and evidence, the dispute shall be handled by the civil Court
or traditional justice entities.
Chapter 15 Miscellaneous Provisions
Article 96 Interim Defense Counsel
- Up to when in the Country there will be not available a sufficient
number of defense counsels, as established in article 18, the suspect
accused can make recourse to the assistance of an educated person having some
knowledge of legal issues.
- To this end the President of each Court shall institute a list of
persons having the qualities indicated in the previous paragraph
indications for the Capital of the Ministry of Justice and for Districts and
Provincial Courts of Government Cases
Article 97 Districts with no Functioning or Established Courts
Whenever there is no district court established or functioning in a given
district, the district court in the capital city of the
Province will have
territorial jurisdiction over all crimes committed within said district.
Article 98 Effective Date and Duration
1. This code shall become effective upon the execution of a Decree by the
President of the Islamic Republic of Afghanistan published
on the Official
2. This code will remain in force until the enactment of rules of criminal
procedure by the newly elected National Assembly, unless
the National Assembly
adopts this code with or without modifications.
3. Upon entry of the Presidential decree, any existing laws and decrees
contrary to the provisions of this code are abrogated.