President ratifies amendments to Criminal Procedure Act
The bill is part of a presidential commitment to include bail provisions in criminal proceedings for the first time.
President Mohamed Muizzu on Tuesday ratified a bill to amend the Criminal Procedure Act, which introduces rules for postponing the execution of sentences and granting bail to convicted individuals pending appeal.
Parliament passed the bill on Wednesday, fulfilling a presidential commitment to include bail provisions in criminal proceedings for the first time.
Under the new provision added after Article 201 of the Criminal Procedure Act, a person convicted by a lower court may request bail under two conditions:
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1-
The person has been sentenced to imprisonment for a criminal offence.
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2-
The person has appealed against the lower court’s conviction or sentence.
However, the amendments exclude certain offences from eligibility for bail at the appeal stage. These offences include:
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Intentional homicide cases.
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Assault cases causing serious injury with the use of a weapon.
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Child sexual abuse, terrorism, and drug trafficking cases.
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Offences prejudicing the independence and sovereignty of the state.
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Other offences specified by law as ineligible for bail.
The amendments also outline the requirements for a convicted individual applying for bail during the appeal process. The applicant must prove:
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The appeal is based on reasonable grounds.
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Compliance with conditions imposed upon release.
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Continued detention serves no public interest.
Judges will also consider several factors when deciding on bail applications, including:
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Prior breaches of bail conditions.
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Potential delays in starting the appeal trial.
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Likelihood of harm to victims in cases involving violent or serious offences.
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Impact of detention on the preparation of the defence.
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Risk of the individual fleeing, based on the nature of the offence and conduct during the investigation.
The bill addresses concerns raised by lawyers regarding delays in receiving trial reports, which hinder the appeal process. Under the new rules:
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The 60-day appeal period begins from the date of receiving the trial report after the judgment.
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If the report is not received as the deadline approaches, appellants must notify the High Court in writing before the time limit expires.
Additionally, the amendments respond to complaints from the Prosecutor General’s Office (PGO) about short deadlines for appeals. The revised deadlines include:
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Extending the time limit for proving appeals were delayed due to force majeure from 2 months to 6 months.
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Extending the prosecutor’s appeal window for decisions on motions from 2 days to 10 days.
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Extending the government’s appeal timeframe for force majeure to 2 months and 15 days, and the pretrial motion deadline to 3 days.
