Last Change:

04/07/2025

Criminal Procedure Code

Year: 1963

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Somalia Criminal Procedure Code outlines the legal framework for criminal investigations, prosecutions, trials, and sentencing in Somalia. It sets procedures for arrests, evidence collection, court proceedings, and appeals, ensuring due process and fair trial rights.

Selected provisions
Article 35 Mandatory Arrest of Persons caught in the Act of a Crime (in Flagrante Delicto)

A person shall be arrested without a warrant if caught in the act of committing (in flagrante
delicto):
a) any offence, attempted or committed, against the Personality of the State for which the punishment is
imprisonment or a more serous punishment;
b) any offence, attempted or committed, of:
i) escape from lawful custody;
ii) devastation and pillage;
iii) slaughter;
iv) knowingly causing epidemics, poisoning of water or foodstuff;
v) carnal violence, acts of lust committed with violence, unnatural offences committed with
violence, abduction for purposes of lust;
vi) abortion without consent;
vii) murder, infanticide, death caused to a person with his own consent with aggravating
circumstances, grievous or very grievous hurt, pre intentional homicide, affray with aggravating
circumstances;
viii) insult with aggravating circumstances in respect of which proceedings are initiated by the State.
ix) Reduction to slavery, dealing and trading in slaves, enforced subjection;
x) Seizure of a person;
xi) Theft in respect of which proceedings are initiated by the State, robbery, extortion, killing or
injuring of animals belonging to another in respect of which proceedings are initiated by the
State.

Article 39.1 - Person Arrested without Warrant to be taken before a Judge

A person arrested without warrant shall be taken immediately, and in any case not later
than 48 hours from the time of his arrest, before the competent Court or before the Court nearest to the place of arrest: provided that the time necessary to travel to the Court from the place of arrest shall not be included in the 48 hours.

Article 29.1 - Execution of Arrests

A person to be arrested shall be so informed, together with the reasons for the arrest.