Criminal law in Eritrea

Eritrean criminal law covers offences against people, property, public order, state security, public administration, family, elections, computer systems and other protected interests. The Penal Code recognizes personal responsibility, guilt, intent and negligence, as well as legal justifications. It divides offences into nine serious classes and three petty classes, with the classification affecting the court, procedure and possible sentence. The available English versions of the 2015 codes are unofficial translations, and later amendments or consolidated versions have not been fully verified. A person may report a suspected offence to the Police or a Prosecutor. The complaint is generally made in writing. Police investigate, make arrests and conduct searches or seizures, while the Prosecutor or Attorney General supervises investigations and brings charges. The formal rule requires a judicial arrest warrant, subject to exceptions such as being caught in the act. After arrest, the person should be told promptly, in a language they understand, what offence is alleged, brought before a court within 48 hours and informed about access to counsel. The Prosecutor should file a formal charge within 15 days after receiving the police report. Pre-trial release may use an undertaking, guarantor, deposit, reporting duties or restrictions on travel, residence, contact or passports, and the court should decide bail within 48 hours after the hearing. The High Court hears Class 1 to Class 7 serious offences. Regional Courts hear Class 8 and Class 9 serious offences and petty offences, while Community Courts hear petty matters assigned to them by law. Appeals generally move from Community Court to Regional Court, from Regional Court to High Court and then to the Supreme Court. Hearings are generally public, but a court may exclude the public for reasons such as youth, morality, state security or privacy. An accused person should be present and may use an interpreter. The state provides appointed counsel for an accused person who cannot afford a lawyer in serious cases, especially where the accused is under 18 or cannot adequately defend themselves. Possible sanctions include imprisonment, fines, confiscation, restitution, community work, occupational bans, loss of civil rights, admonition or reprimand, restraint and deportation of foreign nationals. Serious offence classes carry different statutory ranges: Class 3 provides 16 to 19 years, Class 4 provides 13 to 16 years, Class 5 provides 10 to 13 years, Class 6 provides 7 to 10 years, Class 7 provides 5 to 7 years, Class 8 provides 3 to 5 years and Class 9 provides 1 to 3 years. Class 1 and Class 2 offences can carry life imprisonment or death where the specific offence expressly provides for it. The death penalty cannot be imposed on a person under 18 and requires Supreme Court involvement and confirmation by the Head of State. Pre-trial detention counts toward a sentence, restitution for property damage, lost income and medical costs takes priority over a fine or confiscation, and conditional release may generally be considered after two thirds of a sentence, or after 20 years for life imprisonment. A harmed person may report an offence, file a complaint and seek restitution. An injured person aged 18 or older may pursue charges that require a private complaint, while a legal representative may act for a child or a person unable to manage their affairs; the next of kin may act after a death. The general complaint period is three months from learning of the offence, and withdrawal is final. A court may order a compensation bond before trial, and a separate civil claim can remain available. Sexual assault requires the injured person or an authorized representative to prefer charges under the stated procedure. Child victims may give protected testimony with a parent or guardian, although independent implementation of that safeguard is not fully documented. Children under 12 cannot receive a criminal conviction. Children aged 12 to 17 may receive protective, educational or rehabilitative measures instead of a sentence in suitable cases, and they cannot receive the death penalty or life imprisonment. Juveniles should not be tried jointly with adults, should generally not be held in pre-trial prison detention and should receive appointed counsel during prosecution. Alternative measures may apply mainly to Class 8 and Class 9 serious offences and petty offences when the young person accepts responsibility, receives counsel advice and gives the required consent. Road offences include driving while intoxicated, public transport while intoxicated, aggravated driving under the influence, dangerous driving or operation and failing to stop or assist. The Penal Code links these offences to petty offence classes, with repeat offending or injury or death increasing the classification for some conduct. Unauthorized computer use covers accessing a computer service without authorization, interception, changing or destroying data and obtaining passwords. It is generally a Class 2 petty offence, while conduct involving a public body or financial institution can be a Class 8 serious offence. No separate current cybercrime law has been established in the available Eritrea-specific research. The formal safeguards do not describe the whole practical situation. Reports by international monitoring bodies and the US State Department describe arrests without warrants, detention beyond 48 hours, incommunicado detention, limited access to counsel, bail refusals, lengthy detention without charge or review, allegations of torture and security or military bodies acting as de facto decision-makers. Eritrean government reporting describes faster investigation completion, prison administration through Eritrea Correction and Rehabilitation Services and expanded legal-aid or justice measures, but those claims have not been independently verified. Case numbers, typical costs, success rates and nationwide prevalence data are not reliably available.