Criminal law in Mozambique

Mozambique’s criminal justice system applies the principle that conduct can be punished only when the law defines it as an offence. Intent is generally required, while negligent conduct is punishable only where the law provides for it. Attempted offences can be punished when the completed offence carries a maximum penalty of more than two years. Criminal liability can also apply to companies in cases provided by law. A person under 16 has no criminal responsibility, while a person aged 16 to under 21 may have reduced responsibility if they acted without sufficient understanding. Justification and lack-of-guilt rules can exclude responsibility in particular circumstances. The Ministério Público, including the Procuradoria-Geral da República, directs criminal prosecution and supervises the legality of detention. The Polícia da República de Moçambique and the Serviço Nacional de Investigação Criminal investigate under the functional direction of the Ministério Público. A report or complaint can be submitted to the Ministério Público, PRM, SERNIC or the PGR. The accused person, known as an arguido, must receive information about the alleged offence and their rights, may contact a lawyer privately, and may request investigative steps or evidence. The Constitution protects the presumption of innocence, legal assistance and defence, protection against double prosecution for the same matter, and the exclusion of evidence obtained through torture, coercion or abusive intrusion. Habeas corpus decisions have a maximum period of eight days. The Criminal Procedure Code provides ordinary proceedings and special procedures, including summary, transaction and expedited procedures. A preliminary hearing is optional, and a request normally has to be made within eight days after notification of an indictment or a decision to close the investigation. Hearings are public unless privacy, security or public order requires an exception. The prosecution may appeal, and criminal judgments can also be subject to review. Pre-trial detention is subject to legal conditions and statutory time limits. Depending on the offence and procedure, the limits include four months until indictment plus four months until the decision to proceed to trial; terrorism, violent or organized crime, and offences with a maximum penalty above eight years can allow six months until indictment plus ten months until that decision. Exceptional complexity can extend these periods to twelve and sixteen months. Imprisonment generally ranges from three months to 24 years, with an exceptional maximum of 30 years. Fines are calculated in daily units, from three months to two years, with each daily unit ranging from one hundredth of the minimum wage to one minimum wage. A final fine is normally payable within ten working days. Courts can allow instalments for a fine above ten minimum wages when the person cannot pay it at once, for up to one year. Non-custodial penalties receive priority in specified circumstances, including a first offender who restores or repairs the harm and follows conduct rules, but the law excludes several serious offences from this treatment. SERNAP carries out sentences, while the Tribunal de Execução das Penas decides matters such as conditional release, temporary leave, modification and extinction of sentences. Prisoners retain rights concerning health, physical integrity, religion, contact with the outside world, education, training, complaints, appeals and legal assistance. Victims, complainants, witnesses and experts at risk may receive protection under Law 15/2012, including support, anonymity or remote testimony where the law permits. A victim may participate as an assistente or civil party and request compensation within the criminal proceedings. Domestic violence against women and human trafficking have additional legal frameworks. Youth cases use child-protection and juvenile proceedings, but access to specialized justice and pre-trial alternatives remains uneven. Road offences are regulated by the Road Code, including fines and driving bans; alcohol limits are 0.3 mg/litre of exhaled air or 0.6 mg/litre of blood, while public transport and dangerous-goods drivers have a zero limit. Refusing a test can constitute disobedience, and a fatal crash or leaving an injured person may also constitute a crime. Cybercrime is governed by Law 14/2026, alongside electronic-transactions rules and international cooperation mechanisms.