Criminal Procedure Code at Mauritania
Mauritania's criminal justice system is governed by Ordinance No. 83-162, enacted on July 9, 1983, which established the country's Criminal Procedure Code. This legal framework outlines the procedures for criminal investigations, prosecutions, and trials in Mauritania. (Ordinance No. 83-162 of July 9, 1983, on the Establishment of the Criminal Code, Mauritania, WIPO Lex)
⚖️ Overview of the Criminal Procedure Code
The Criminal Procedure Code in Mauritania is structured to ensure a fair and transparent legal process. Key features include:
Investigation and Prosecution: The State Counsel (Procureur de la République) is responsible for initiating investigations and deciding whether to prosecute. Investigations are conducted by the judicial police under the supervision of the State Counsel. (Researching the Legal System and Laws of the Islamic Republic of Mauritania - Globalex)
Judicial Oversight: An Investigative Magistrate (Juge d’Instruction) oversees preliminary investigations, particularly in felony cases. This magistrate has the authority to issue warrants, conduct searches, and decide on pretrial detention. (Law and Legal Systems in Mauritania - Globalex)
Court Structure: Mauritania's court system comprises:
Wilaya Courts: Regional courts with jurisdiction over serious criminal cases.
Criminal Courts: Specialized courts that handle felony and misdemeanor cases.
Moughataa Courts: Local courts dealing with minor offenses and certain civil matters.
Trial Procedures: Criminal trials are typically conducted by a panel of judges, and in some cases, jurors. Defendants have the right to legal representation and the presumption of innocence.
Appeals: Decisions made by lower courts can be appealed to higher courts, ensuring a mechanism for reviewing and rectifying legal errors.
📄 Accessing the Code
The full text of the Criminal Procedure Code (Ordinance No. 83-162) is available in French and Arabic. You can access the documents through the following links: (Criminal Procedure Code • Page 1 • CYRILLA: Global Digital Rights Law)
French Version (CYRILLA)
Arabic Version (CYRILLA)
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