Haiti - FLASH : All about the new penal code which should come into force on June 24, 2022 - HaitiLibre.com : Haiti news 7/7
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Haiti - FLASH : All about the new penal code which should come into force on June 24, 2022
22/05/2022 08:52:30

Haiti - FLASH : All about the new penal code which should come into force on June 24, 2022
Let's recall the overhaul of the new criminal procedure code initiated in 2009 ended in 2015, under the Martelly administration, has a draft https://www.haitilibre.com/en/news-15467-haiti-justice-the-draft-of-the-new-code-of-criminal-procedure-is-ready.html .

Two years later, after much consultation, criticism and opposition, President Jovenel Moïse and the Lafontant Government adopted (in 2017) in the Council of Ministers the "draft law on the code of criminal procedure" with a view to bringing responses to the main dysfunctions of current criminal justice.

Finally, it was on June 24, 2020, three years later, that the new penal code, after a revision process, was published by decree in the special issue #10 of the official journal "Le Moniteur".

This new code of criminal procedures should enter into force on June 24, 2022 and repeal the current penal code.

Let's recall that the Haitian code of criminal investigation currently in force, of Napoleonic inspiration, was promulgated in 1835, in the 19th century and has not undergone any major change in 180 years. The provisions contained in this code, in addition to their disuse, in no way allow the fundamental rights of citizens to be fully respected within the framework of the guarantees enshrined in the Constitution and the international conventions ratified by the Haitian State, this explains that an overhaul of this code was necessary.

It is also, which explains why many people who enjoyed impunity because of the shortcomings of the old code, do not see favorably this new code adapted to contemporary situations and offenses in a framework of sanctions adapted to the reality of the 21st century.

However, despite all these years of consultations, criticisms and corrections, the National Association of Haitian Magistrates (ANAMAH), asks the Government to suspend the application of the new code of criminal procedure on June 24. The President of 1/3 of the Senate, Joseph Lambert, comes in his turn in a correspondence to ask the Council of Ministers to postpone the entry into application of this new penal code, considering that the conditions are not met for such a project...

Download the new Penal Procedure Code 2022 (214 PDF pages) :

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