Criminal
1835 Code pénal, with a 2020 replacement decree still suspended
The operative substantive law remains the Code pénal of 1835 and the Code d'instruction criminelle of 1835, both of French origin. Decrees published in June 2020 would have replaced both with a modern penal code and code of criminal procedure, but their entry into force was postponed and their legitimacy was contested because they were issued without a functioning Parliament. Prosecutions are brought by the Commissaire du Gouvernement, and the juge d'instruction investigates serious offences.
Key rules
- Jurisdiction — Tribunaux de paix, Tribunaux de première instance, Cour d'appel, Cour de cassation
- Deadline — Garde à vue: an arrested person must be brought before a judge within 48 hours
- Deadline — Instruction: conducted by the juge d'instruction, in practice frequently prolonged
Governing law
- Code pénal de 1835
- Code d'instruction criminelle de 1835
- Décret du 24 juin 2020 portant nouveau Code pénalentry into force postponed
- Loi du 26 avril 2005 sur la traite des personnes
In practice
Prolonged pre-trial detention is the defining feature of Haitian criminal justice in practice: a large majority of the prison population has not been tried, and the 48-hour rule is frequently not observed, which international monitors document consistently. Anyone advising on Haitian criminal law must confirm whether the 2020 codes have been brought into force, because much secondary commentary written since 2020 wrongly assumes they were.