Decree Enacting the Penal Code

Decree Enacting the Penal Code

Presidency of the Republic of Haiti (PRH) • 2020-03-11 • 214 pages
Summary: Decree of March 11, 2020, signed by President Jovenel Moïse and published in Le Moniteur Special No. 10 of June 24, 2020, adopting a new 1,036-article Penal Code to replace the code in force since 1835, effective 24 months after publication.
Key Findings
Full Description

The decree's recitals state that the Penal Code in force since 1835 no longer meets new forms of crime, that some conduct should be decriminalized, and that the executive is legislating by decree because the legislative branch is not functioning. The preamble cites more than 30 ratified conventions, on slavery, genocide, trafficking, corruption, terrorism financing and children's rights. The code has seven books: general provisions (criminal law, criminal responsibility, penalties for individuals, legal persons and minors); offenses targeting the person, including genocide, sexual assault and moral harassment; property crimes; offenses targeting the nation, the state and public trust, including terrorism; other crimes, such as eugenics, cloning and biomedical offenses; petty offenses in five classes; and transitional and final provisions. Final articles set a 24-month lead time for training magistrates and police, setting up a probation service and submitting supporting laws to Parliament. Article 1036 repeals the existing code and a list of specific laws and decrees.

Sectors
Geography
Time Coverage
2020 to 2020

How to cite

Presidency of the Republic of Haiti (PRH), 2020, Decree Enacting the Penal Code, https://archivesjuridiquesht.com/archives/21