Criminal law in Mauritania

The Constitution of Mauritania protects the presumption of innocence, the principle that conduct may be punished only under a law in force, and the prohibitions of slavery and torture. Ratified international treaties have priority in domestic law under Article 80. The Code pénal is based on Ordinance 83-162 of 9 July 1983. Criminal matters include serious crimes, délits, contraventions, Houdoud offences, and Ghissass or Diya cases. Houdoud refers to offences subject to defined religious punishments, while Ghissass concerns retaliation and Diya concerns financial compensation in specified cases. The police judiciaire may investigate through the Police nationale, Gendarmerie nationale, Garde nationale and other legally authorized officers. The procureur de la République directs the police judiciaire. A juge d’instruction investigates evidence both against and in favor of the accused. Garde à vue normally lasts 48 hours and may be extended once for 48 hours with written authorization from the prosecutor. Remote locations can add one day per 100 kilometers, up to eight additional days. State-security cases have separate periods of five days plus five days, with a total maximum of 15 days. A spouse or parent should be notified, family contact may last up to 30 minutes, and access to a lawyer formally begins at the extension stage, subject to authorization and limited duration. Access to counsel, bail and the 48-hour limit has not always been respected in practice. Détention préventive requires reasons such as the seriousness of the case or risks involving evidence, flight or repeat offending. Judicial supervision may last two months and be extended up to five times. Ordinary délits generally allow four months plus one renewal; serious transnational, homicide, drug, terrorism and organized-crime cases can last up to two years. Serious crimes generally allow six months plus one six-month extension, with longer periods for specified serious cases. A request for liberté provisoire may be made at any time, sometimes with bail, residence restrictions or reporting duties, and may be renewed after 20 days. The ministère public initiates public prosecution. Criminal courts include Tribunaux de moughataa and Tribunaux de wilaya, Cour criminelle in each wilaya capital, Cours d’appel and the Cour suprême for cassation and legal review. The Chambre d’accusation reviews investigation decisions and procedural nullities. Trials are generally public, reasoned and adversarial. An accused person may use a lawyer and an interpreter when Arabic is not understood sufficiently. Appeals are available, and cassation is generally filed within 15 days; relevant investigation orders may be challenged within 48 hours by the accused or partie civile. A harmed person may bring an action civile or become partie civile before the police judiciaire, the juge d’instruction or the criminal court. Claims can cover material, physical and non-material damage. A consignation is usually required for a civil claim, but aide judiciaire can provide an exemption. Victims have rights to information and protection, including protection against intimidation and reprisals. Compensation can remain enforceable during an appeal. Special protections apply in slavery, trafficking and torture cases. NGOs may act as partie civile in anti-slavery proceedings, and the MNPT, CNDH and qualified NGOs provide monitoring or complaint channels. Law 2015-030 provides legal aid through regional Bureaux d’assistance judiciaire. A person generally applies orally or in writing, the service is free, and processing is intended to take 15 days and no more than one month. Children in conflict with the law receive free legal aid, with stated processing within 48 hours. Criminal proceedings are formally free apart from possible stamps, auxiliary costs and investigation-related expenses. Children are governed by Ordinance 2005-015 and the General Child Protection Code 2018-024. A child under seven has an irrebuttable presumption of innocence, and a child under 15 may not be held in police custody. The first interview requires a lawyer and social worker. Juvenile cases use specialized police and courts, and instruction is mandatory for juvenile crimes. Formal custody for juveniles is 24 hours with one renewal. A person aged 15 to 18 may be convicted, but the sentence may not exceed half the adult level. CARSEC supports reception and reintegration, while juvenile bail applications may be made through a tutor or lawyer. Road offences are regulated by the 2006 road code and Decree 2017-044. Examples include dangerous parking, failure to wear a helmet or seatbelt on interurban roads, missing lights, crossing a continuous line, using a phone while driving, driving against traffic, speeding, driving without a licence, unlawful plates or vehicle colours, tinted front windows and ignoring a stop signal. Fines include 6,000, 10,000 and 20,000 Ouguiya depending on the offence. A vehicle may be immobilized for 24 hours; ten offences can lead to licence cancellation and a 12-month driving ban, while repetition within six months can double the fine and extend immobilization to 48 hours. Law 2016-007 covers unauthorized access or interception, interference with data or systems, computer fraud, illegal content including child sexual material, and online offences involving national security, Islamic values or incitement based on race. Companies may incur criminal liability, and the law provides complementary penalties, special cybercrime procedures, jurisdiction rules and international cooperation. Electronic exchanges, personal-data protection and electronic communications are governed by related laws. Available sanctions include death, amputation, flogging, forced labour for life or a fixed period, réclusion, imprisonment, fines, civic degradation and confiscation. The law still contains death and corporal penalties for some offences, including offences addressed in Articles 306 to 310 of the Code pénal. Mauritania has not carried out an execution since 1987; 2025 recorded no executions but at least 31 new death sentences and at least 181 people on death row. The ministère public and the Treasury enforce fines and confiscations. The DAPAP or DAPG and DG-APR administer prisons, criminal records, international mutual assistance, conditional release and reintegration. Conditional release depends on the sentence, prior convictions, conduct and payment of fines, costs and damages; the stated thresholds include three months for a first offender serving less than six months, half the sentence in other first-offender cases, six months for a repeat offender serving less than nine months and 15 years for life forced labour. Prison overcrowding, poor sanitation, allegations of torture or ill-treatment, and uneven access to counsel, interpreters and legal aid can affect the practical course of a case.