Criminal law in Gabon

Gabon has a codified criminal-law system based on the principle that conduct is punishable only when the law defines it as an offence. Courts interpret criminal provisions strictly, and a later law applies retroactively when it is more favourable to the accused. Criminal responsibility normally concerns a person's own conduct. Intent is generally required unless a statute also punishes negligence, while attempt and assistance are punishable when the relevant provision provides for them. Legal entities other than the State can be criminally liable alongside the responsible natural person. The three main classifications are crimes, délits and contraventions. A crime can carry 10 to 30 years of criminal imprisonment or life imprisonment. A délit carries at least one month of imprisonment or a fine of at least 100,000 FCFA. A contravention carries up to one month of imprisonment or a fine of up to 500,000 FCFA, with three classes reaching maximum fines of 100,000, 300,000 and 500,000 FCFA unless a special law provides otherwise. The classification influences the competent court, investigation procedure, limitation period and available sanctions. Gabonese criminal law generally applies to conduct committed in Gabon, on Gabonese ships and in certain specially defined cases involving State security, currency or other offences committed outside the country. The Ministère de la Justice oversees the justice system. Police judiciaire functions are performed by the police, the gendarmerie and other authorised security officers under the control of the Ministère Public, including the Procureur de la République and the Procureur Général. Tribunaux de Première Instance operate by province. Cours d’Appel Judiciaires sit in Libreville, Franceville, Mouila and Port-Gentil, while the Cour de Cassation reviews legal questions rather than retrying the facts. Specialised judicial capacity in Libreville handles economic and financial offences, terrorism, cybercrime and related matters. A preliminary investigation is conducted by officers of the police judiciaire under prosecutorial supervision. Searches generally require the person's express consent or authorisation from the Procureur when consent is refused. Officers record evidence in official reports, and in a crime case the Procureur is expected to attend the scene. Garde à vue is police custody during the investigation. It normally lasts 48 hours and can be extended once for another 48 hours by written prosecutorial authorisation. In remote areas, an ordre d’écrou can cover transport for up to eight days, with a report within 24 hours. A flagrante crime can permit 48 hours plus up to eight additional days under the applicable procedure, and certain special offences allow two further 48-hour extensions when the written reasons and authorisation requirements are met. A person in garde à vue should receive an immediate explanation of the relevant rights and have access to a sworn or ad hoc interpreter when needed. The authorities should notify a family member or another contact, the employer, a lawyer and a doctor, subject to limited special rules that can temporarily postpone family notification or lawyer access. The person can receive a confidential lawyer consultation of up to one hour, access to the case file as provided by the procedure, and another hour when custody is extended. Food, hygiene and time records belong in the official custody record. The Constitution of 2024 prohibits arbitrary detention, and pre-trial detention is limited to the periods and conditions set by law. Time in pre-trial detention counts towards a later sentence. After investigation, the Procureur may order further investigation, close the case without prosecution, issue a direct summons, use a flagrante-délit or flagrante-crime procedure, or request an information judiciaire. The chambre d’accusation supervises judicial investigations and can refer a crime to trial. The Tribunal de Première Instance handles délits and contraventions. The Cour criminelle consists of three magistrates, four jurors and a clerk and normally sits in sessions held every three months. Hearings are generally public and adversarial, with separate prosecution and judgment functions, a presumption of innocence and rights of defence. Available remedies include opposition, appeal and pourvoi; the Cour de Cassation generally examines legal errors rather than factual evidence. Composition pénale can end the public prosecution when the accused admits the conduct, the legal conditions are met and the victim agrees where required. It is unavailable for cases involving physical or moral harm to a person under the stated restriction. The financial payment cannot exceed the statutory fine, and compensation to the victim can be completed within up to three months. Criminal prosecution can end through death, limitation, amnesty, repeal of the offence, a final judgment, a specific transaction, completed composition pénale or withdrawal where a complaint is legally required. The limitation period is generally 20 years for crimes, 10 years for délits and one year for contraventions. Sexual crimes can have a period running from the victim's majority, and some economic or financial offences have a 20-year period or become imprescriptible when criminal proceeds are transferred abroad. Sanctions include imprisonment, criminal imprisonment or life imprisonment, fines, confiscation, restrictions on rights, suspension of a driving licence for up to five years, exclusion of a foreign national from Gabon, closure or dissolution of a legal entity, activity bans, sanction-réparation, suspended sentences, conditional release and other sentence adjustments. Travail d’intérêt général can range from 20 to 280 unpaid hours and requires consent. A period of security commonly covers half of a sentence, while life imprisonment can involve 18 years and, in aggravated cases, up to 22 or 30 years depending on the provision. The Administration pénitentiaire and the juge d’application des peines handle execution matters. Victims can claim compensation for direct harm caused by a crime, délit or contravention through an action civile. Police judiciaire officers should inform victims about compensation and the possibility of becoming a partie civile. A victim can file a complaint with constitution de partie civile before the juge d’instruction or use a direct summons. A cost advance is generally required, but legal aid can remove it for a person without sufficient means. The criminal court can decide compensation, and an insurer can be joined. Approved associations can intervene in discrimination or child-protection matters. Civil compensation can proceed alongside the criminal case without turning the criminal offence into a civil-law claim. Children under 13 are criminally irresponsible and receive protective supervision, care or placement instead of ordinary criminal punishment. From 13 to 18, special youth police units and youth courts or sections apply. The juge des enfants handles correctional and simple-police matters, while the Tribunal pour enfants handles crimes. A parent, guardian, representative or social worker participates in questioning, and a lawyer is required for a minor. The system focuses on rehabilitation and protection. When an adult participates in the offence, the adult is dealt with under the adult procedure while youth jurisdiction remains separate. Special legislation covers violence against women, including physical, sexual, psychological, economic and family violence. Loi 006/2021 includes marital rape; rape can carry 15 years of criminal imprisonment and a fine of up to 50,000,000 FCFA, with life imprisonment possible in aggravated cases involving death, torture, barbarity or permanent disability. Protection and reception centres are provided for in the legal framework, although practical access can vary. Road offences are governed mainly by the 1969 road traffic code and Loi 003/2006. Police, gendarmerie and road-control brigades record violations, and their reports have evidential value until rebutted. Unintentional homicide caused by driving errors can carry up to five years and a fine of up to 2,000,000 FCFA, while licence suspension or withdrawal can last up to five years; accident compensation remains available separately. Loi 027/2023 applies to the use of information and communication technologies with effects in Gabon, including certain transnational conduct. It covers offences committed through electronic networks or systems and allows specialised and general police officers to investigate under prosecutorial supervision. Investigators can search or seize data and systems, copy data and request cryptographic keys or decryption arrangements. Connection and traffic data can be retained for 10 years. Digital identity impersonation, spam and header forgery can each carry up to five years and a fine of up to 10,000,000 FCFA. Attempt and assistance are punishable in the same way, and the law excludes suspended sentences. Organised groups or attacks on State or critical infrastructure can carry up to 25 years of criminal imprisonment and a fine of up to 500,000,000 FCFA. Corruption, embezzlement, influence peddling, conflicts of interest, public procurement offences, money laundering and illicit enrichment are addressed by specialised legislation, including Loi 041/2020, with the CNLCEI playing a relevant institutional role. Economic and financial cases are concentrated in specialised Libreville judicial capacity, and confiscation of money or property is a central consequence. International cooperation for cybercrime can involve the Ministère des Affaires Étrangères. A person with insufficient means can apply for assistance judiciaire through a bureau attached to the Cour de Cassation, a Cour d’Appel or a Tribunal de Première Instance. The application can require the request, civil-status documents, proof of non-taxation or notoriety and income evidence, with a decision legally expected within one month. Older rules refer to coverage levels of 100% up to 80,000 FCFA, 75% up to 150,000 FCFA and 50% up to 250,000 FCFA; current application of those thresholds should be checked locally. Fixed court and lawyer costs are not uniform across Gabon. The legal framework is established nationally, but practical availability, processing speed and support resources remain fragmented between regions.