National Implementation of IHL
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Criminal Code of 1991
القانون الجنائي لسنة 1991

31.01.1991
20.02.1991
New Criminal Code of 2003
Yes
http://www.wipo.int/wipolex/en/details.jsp?id=10737 (last accessed on 14.04.2013)

Summary
This Act repeals the Penal Code of 1983. The Criminal Act does not specifically provide for the repression of international humanitarian law violations. The Act covers offences such as murder, (art. 130), semi-intentional homicide (art. 131), homicide by negligence (art. 132), wounds (art. 138, 139 and 140), rape (art. 149), kidnapping (art. 161), abduction (art. 162), forced labour (art. 163), unlawful confinement (art. 164), threatening or torturing a witness, an accused or an opponent (art. 115(2)), and destruction or defiling of places of worship or sacred objects (art. 127). Grave breaches of the Geneva Conventions are therefore generally incriminated in so far as they fall within the description of these common law offences.

Death penalty is prescribed for, among others, the offences of murder, offences against the State and rape. Other penalties include retribution, imprisonment, fines and whipping. The grounds of jurisdiction recognised by Sudan include territorial jurisdiction (art. 5(1)), active personality (art. 7), and the protective principle (art. 6(1) (i)).

The Criminal Act recognises the defences of superior order and legal duty to act (art. 11), as well as the defence of compulsion (art. 13) and necessity (art. 15).


Document
File TypeSizeFile Name
application/pdf 2,256 KB Criminal Act - Sudan - EN.pdf
application/pdf 1,076 KB Criminal act_1991_ar.pdf
application/pdf 439 KB Sudan - Penal Code 2003.pdf