INTRODUCTION The Somali penal Code applies to the entire republic It is divided into three main sections called Books Book I deals with offenses in general Book II deals with crimes and ID: 717493
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Slide1
THE PENAL CODE
THE PENAL CODE OF THE SOMALI DEMOCRATIC REPUBLICSlide2
INTRODUCTION
The Somali penal Code applies to the entire republic. It is divided into three main sections, called “Books.”
Book I deals with offenses in general;
Book II deals with crimes; and
Book III deals with contraventions
Each book is divided into parts, which in turn are subdivided into
chapters, sections and articlesSlide3
BOOK I
:
OFFENSES IN GENERAL
The word “offenses” is a broad general term and includes both crimes and contraventions. Crimes and contraventions are explained later, but briefly a crime is a serious offense
A “contravention” is a less serious offense, such as conducting a public performance without a license or possessing illegal weights and measures.Slide4
BOOK ONE
Book 1 deals with offenses in general, The articles contained in this book apply to both crimes and contraventions. The book involves general principles and is divided into seven parts, covering jurisdiction, elements of an offense, the offender and the injured party, punishments, application of punishments, execution of punishments, and security measures.Slide5
PART 1 GENERAL PROVISION
Article 1 Offenses and punishment to be expressly provided by law
No one shall be punished for an act which is not expressly made an offense by law, or with a punishment which is not prescribed therefore.Slide6
The Penal Code of the Somali Democratic Republic
Explanation
The first article of the penal code establishes the principle that a person cannot be punished for an act which is not made an offense according to the law. The rationale underlying this principle is that persons should be aware of what behavior is prohibited and what behavior is allowed. Unless an ac is made an offense by the penal code or by some other law such as the public order Law to the Traffic Code, such as an act is not an offense and the person who committed it cannot be punishedSlide7
The article also provides that the punishment must be according to the provisions of the law and prescribed for that particular offense.Slide8
EXAMPLE
X, a Somali citizen living in Mogadishu, is arrested by a policeman for smoking a cigarette in public on Friday. The policeman making the arrest believed that it was an offense to smoke in public on the Sabbath. No such offense exists under the Penal Code or any other law of the Republic. X cannot be punished for the act of smoking in public on Fridays.Slide9
Article 2
Article 2 Time at which penal laws Take Effect
No one shall be punished for an act which, in accordance with the law in force at the time when it was committed, did not constitute an offense.
No one shall be punished for an act which, in accordance with a subsequent law, does not constitute an offense; and if he has already been convicted and sentenced, the execution and the penal consequences of such conviction and sentence shall terminate.Slide10
If the law in force at the time when an offense was committed and the subsequent law differ, the law shall be applied the provisions of which are more favorable to the accused, unless the conviction and sentence have become final.
In the case of exceptional or temporary laws, the provisions of the two proceeding paragraphs shall not apply.Slide11
Explanation
The main principle embodied in Article 2 of the penal code is that the penal law may not be applied retroactively. This is in keeping with the concept that the law must define what behavior is prohibited and what behavior is permissible. Article 42 of the constitution of the Republic states:
No person may be convicted for an act which was not punishable as an offense under the law in force at the time when it was committed; nor may a heavier punishment be imposed than the one applicable at that time.Slide12
ARTICLE 2
Article 2 of the Penal Code simply restates this general principle.
The article also deals with the various aspects of retroactivity. Paragraph 1 of the article states that if a new law is passed making certain behavior an offense, nobody may be punished for behaving in the way now prohibited before the law came into forceSlide13
Article 3
Persons to whom Penal Law is applicable
Except as otherwise provided by municipal or international law, the Somali penal law shall be applicable to all citizens or aliens, who are in the territory of the State.
The Somali penal law shall also be applicable to citizens or aliens who are outside the territory of the State, within the limits established by the said law or by international law.Slide14
Explanation
Article 3 generally describes to whom the Somali penal law applies. The rule is that the Somali penal law applies to all citizens and aliens, who are either in the territory of Somalia or who are outside the Country’s territory but subject to the penal law nevertheless, according to the provisions of the penal law or international law.
Article 4 defines the words “citizens and aliens” and what is meant by the territory of the Somali republicSlide15
Article 4
Somali Citizen; Territory of the State
For the purpose of the penal law, Somali citizen shall include
Persons belonging by origin or election to places subject to the sovereignty of the State, and
Stateless persons residing in the territory of the state.
For the purposes of the penal law, the territory of the state shall include:
The territory of the republic, and
Every other place subject to the sovereignty of the State.Slide16
Somali ships and aircraft shall be deemed to be territory of the State wherever they are, except those which under international law are subject to foreign lawSlide17
Explanation
According to this article, citizens of Somalia include those persons who belong to the Republic because of origin (born in the Republic or of Somali parents). And those who choose to be Somali citizens.
“Stateless persons”
are those without a country to claim them as citizens.
They are deemed Somali citizens for purposes of the penal law if they reside in the Republic.
The territory of the Somali state includes the actual boundaries of the nation.Slide18
Article 5
ignorance of the penal law as an excuse
No one may allege ignorance of the penal as an excuse
Explanation
The article states the general rule that persons are responsible for acting contrary to the penal law, even though they were not aware of the specific provisions of the law.Slide19
Article 6
Offenses Committed in the Territory of the state
Whoever commits an offense in the territory of the state shall be punished according to the Somali penal law
An offense shall be deemed to be committed in the territory of the State where:-
The act or omission constituting it occurred therein, in the whole or in part, or where
Consequences of the act or omission occurred therein.Slide20
Explanation
All offenses committed within the territory of the Republic, by either citizens or foreigners, are subject to the jurisdiction of the Somali penal law
An offense committed in the territory of the State, first the entire offense does not have to be committed within the boundaries of the republic. The Somali penal law will apply to the offense if only the results of the act or omission occurred in Somalia.
Slide21
Example
if a Somali citizen living on the side of the border town of Tug
Wajaale
fires rifle across the
border, killing a Somali on the Somali side, the offender has committed a crime under the Somali Penal Code. The consequences of this act occurred in Somalia. Conversely, if a Somali on the Somali side of the
de
facto
border fires his rifle across the boundary and kills a Somali on the Ethiopian side of Tug
Wajaale
, then he too is subject of Somali Penal Code. His act, occurred in Somalia.Slide22
CASE
STATE v. ABDI DAHIR and 60 OTHERS(Criminal Appeal No.10 of 1965 ,
SOMALI LAW REPORTS {
Hargeisa
and
Burao
regions}1964-65,p. 242
}
This case arose out of tribal fighting among the Arab,
Sa’ad
Muse,
Eidagalla
, and
Gadabursi
.
Abdi
Dahir
and sixty others were charged with the offense of AFFRAY under Article 444(2) of the
S
omali Penal Code, it took place in Bali
Gubadleh
area of Somali on the morning of July 29,1965, in the cause of which many persons were killed and some 66 were
injured.according
to the police report the fight took place about one mile inside the Ethiopian border. One of the injured died in
gubadleh
and the other died in
Hargeisa
HospitalSlide23
HELD
The Deputy Attorney General claimed that the Regional C
ourt
had jurisdiction because the death of these persons
ocured
on
somali
territory
The president of the Regional Court of
Hargeisa
ruled that the affray finished when the battle ceased and the death cannot be considered
consiquense
of crime of affray within the
maening
of article 6(2) of the penal code. The DAG filed an appeal with the court of
Appeal,Hargeisa
. The court of Appeal affirmed the Judgement of the
Regional court.