Criminal law in Comoros

The Code pénal 2020, promulgated by Décret 21-018/PR in February 2021, contains the main criminal offences and sanctions in Comoros. The Code de procédure pénale regulates complaints, investigations, detention, prosecution, trial and appeals. Criminal law covers offences against state security and the Constitution, violence against persons, sexual violence and child abuse, offences against property, fraud, forgery, corruption, terrorism, piracy, trafficking, narcotics, weapons, press offences, public order, religion, alcohol, environmental, labour and health offences. Law 14-036 addresses violence against women and girls, Law 14-034 addresses child labour and trafficking, and Law 11-022 implements the Rome Statute. Criminal law therefore includes both the general codes and special legislation. An infraction is a punishable violation classified as a crime, délit or contravention. Crimes are the most serious category, délits cover intermediate offences and contraventions are less serious violations. An attempted crime is treated like the completed crime. An attempted délit is punishable only when a special rule provides for it. Criminal proceedings generally expire after 20 years for a crime, five years for a délit and one year for a contravention. Corruption has a 20-year period. Sexual assaults, paedophilia, terrorism, war crimes, genocide, crimes against humanity and economic crimes are not subject to ordinary limitation under the supplied rules. A complaint or report can be made to the Police, Gendarmerie or Procureur de la République. The Procureur de la République, as part of the Ministère public, decides how the public prosecution should proceed and directs judicial police work. Police judiciaire officers, known as OPJ, can preserve evidence, identify suspects, seize items, conduct searches and prepare official records. Auxiliary judicial police officers, known as APJ, assist with these tasks but do not decide on garde à vue. Investigations and judicial inquiries are confidential. Searches generally take place between 06:00 and 20:00, subject to specified exceptions, including certain cases involving children or prostitution. Evidence can generally be established by any means, but the court considers evidence that has been discussed contradictorily by the parties. Garde à vue generally lasts no more than 24 hours. When serious indications exist, a suspect may be transferred to the Parquet for up to 48 hours. Special rules for terrorism, piracy, narcotics, state security or an exceptional state can allow up to 120 hours, with further extensions of 24 hours for a délit or 48 hours for a crime and, in some cases, a doubling of those periods. The reasons must be communicated. After 24 hours, a medical examination can be requested. Children aged 13 to 18 are held in separate rooms. Pre-trial detention in a correctional matter is available only where the offence carries at least two years of imprisonment and detention is necessary. An order may last up to four months and can be extended in periods of up to four months. Release can be requested at any time; the juge d'instruction generally decides within five days, with the chambre d'accusation available as a subsidiary review body. A Tribunal de Première Instance, or TPI, operates in each island capital. Its correctional jurisdiction hears délits, while the tribunal de police hears contraventions. The Cour d'assises hears crimes and can decide at first and final instance under the stated rules. Its composition includes a president, two professional judges, six jurors, the Ministère public and a greffier. The Cour d'appel reviews eligible decisions, and the Cour Suprême can hear cassation matters. The Procureur conducts the public prosecution and enforces judicial decisions. A juge d'instruction acts only after a prosecutorial requisition or a complaint with constitution de partie civile. A defence lawyer is optional in correctional proceedings but required before the Cour d'assises. A lawyer can be appointed through the office when necessary. State legal aid is available through the Direction Générale des Affaires Judiciaires. The supplied sources do not establish a reliable central schedule of court or lawyer fees. A cautionnement may secure procedural representation, compensation for a harmed person or a fine. Appeal and cassation are possible, but the deadline depends on the decision concerned. A person directly harmed by an offence can bring an action civile separately or alongside the public prosecution. The person can become a partie civile before the court registry or at the hearing, and a lawyer is not compulsory for that step. Associations that have existed for at least one year can act in matters involving violence against vulnerable people, discrimination, sexual assault or traffic-related bodily injury. The CNDHL accepts complaints and has a subcommission dealing with detention and torture, conducts prison inspections and protects confidentiality. It does not normally run a parallel case unless there is a manifest denial of justice. No reliable central state compensation fund for victims is established in the supplied sources. Criminal majority begins at 15, while civil majority begins at 18. A child under 15 is not placed in garde à vue, except that a child aged 10 to 15 may be subject to the specified controlled procedure for a crime or a délit carrying at least five years of imprisonment, with magistrate approval and control for up to 10 hours plus a possible 10-hour extension. Children under 18 accused of a crime or délit appear before youth courts. A tribunal pour mineurs handles délits involving people under 18. Children under 15 receive educational measures only. From 15 to under 18, a mitigating excuse normally limits the sentence to half the adult sentence, although a court can exclude that reduction with reasons. The death penalty does not apply to a person under 18. Hearings are held in private, names are protected and the cour criminelle des mineurs hears crimes. Liberté surveillée can continue until a maximum age of 21. Road offences include driving under the influence of alcohol or narcotics, missing or false vehicle papers or plates, dangerous public transport, overloading and driving without the required technical inspection. Driving under alcohol or narcotics can lead to three months to one year of imprisonment, a fine of 50,000 to 500,000 KMF, temporary withdrawal or cancellation of the licence and a new-application ban of up to three years. Missing or false vehicle documents or plates can lead to two months to two years of imprisonment and a fine of 25,000 to 250,000 KMF. Dangerous public transport, overloading or missing technical inspection can lead to 11 days to six months of imprisonment and a fine of 20,000 to 200,000 KMF, with possible confiscation. The driver may face criminal responsibility, licence withdrawal and vehicle confiscation. Digital offences are governed by Articles 449 to 505 of the Code pénal together with Law 21-012/AU on cybersecurity and cybercrime. Fraudulent access to a system can lead to one to two years of imprisonment, unlawful retention to one to three years, and system disruption or data manipulation to three to five years. Interception, alteration or deletion of data can lead to five to ten years. The framework also covers identity misuse, information theft, child pornography, online gambling, threats, false information, illegal money transfers, provider duties, digital evidence, cryptology and personal data. The Procureur informs the CNIL in relevant cases, and a judge can order data deletion or lift a seizure. Cybercafés have user-identification duties. Criminal sanctions can include death, life imprisonment or 10 to 30 years of imprisonment for a crime. A délit can lead to one month to 10 years of imprisonment, community service or a fine. Community service ranges from 20 to 210 hours and requires consent. A contravention can lead to one to 30 days of detention and or a fine of 5,000 to 20,000 KMF. Additional sanctions can include a fine, confiscation, a residence ban for foreigners and loss of civil rights. A suspended sentence may be available. Pre-trial detention counts toward the sentence. Conditional release may be considered after one third of a sentence of six months or less, one half of a longer sentence, or two thirds in cases of repeat offending or a crime. Criminal repeat offending excludes conditional release under the supplied rules.