Criminal Procedure Code at Comoros
The Code of Criminal Procedure of the Union of the Comoros, enacted in 1970, serves as the primary legal framework governing criminal investigations, prosecutions, and trials in the country. This Code is influenced by the French legal system and has undergone various amendments over the years. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
⚖️ Structure and Key Provisions
The Code outlines the procedures for criminal justice, including:
Investigation Procedures: Defines the roles of judicial police officers and magistrates in conducting investigations.
Trial Procedures: Establishes the processes for conducting criminal trials, including the rights of the accused and the conduct of hearings.
Appeals: Specifies the procedures for appealing judgments and decisions.
Enforcement: Addresses the execution of sentences and other judicial orders.
These provisions aim to ensure a fair and just criminal justice system in the Comoros.
📚 Accessing the Code
The full text of the Code of Criminal Procedure of the Union of the Comoros (1970) is available in French on the following platforms: (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Dullah Omar Institute
MENA Rights Group
These resources provide comprehensive access to the Code for legal professionals, researchers, and the public.
🏛️ Judicial System and Court Structure
The Comorian judicial system operates under an inquisitorial model, with a professional magistrate representing the interests of society and responsible for conducting investigations to establish the truth regarding the commission of criminal offenses. The system includes: (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Tribunal de Première Instance (TPI): The court of first instance handling all offenses and minor offenses. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Court of Appeals: The second and final jurisdiction, with operational courts on Grande Comore and Anjouan. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Assize Court: Intended to handle serious crimes, though not currently operational.
Each island has its own TPI and Court of Appeals, with judges, prosecutors, and clerks assisting in the judicial process. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
🛠️ Challenges and Reforms
Despite the established legal framework, several challenges persist:
Operational Limitations: Some courts, such as the Assize Court, are not operational, affecting the timely administration of justice. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Resource Constraints: The judicial system faces inadequate material and human resources, hindering effective functioning. (Union of the Comoros in: IMF Staff Country Reports Volume 2010 Issue 320 (2010))
Delays in Legal Reforms: Proposed reforms, including the adoption of a new Criminal Procedure Code in line with international obligations, have been postponed due to parliamentary delays. (COMOROS: Access to justice for children | CRIN)
These issues impact the efficiency and fairness of the criminal justice system in the Comoros.
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