Criminal
A codified Penal Law on the American model, with the death penalty retained in law
The Penal Law of 1976, drafted on the American Law Institute Model Penal Code pattern, codifies offences with graded felonies and misdemeanours. The Criminal Procedure Law governs process. Liberia acceded to the Second Optional Protocol to the ICCPR in 2005 but subsequently legislated capital punishment for certain offences.
Key rules
- Jurisdiction — Circuit Courts with grand and petty juries; Criminal Court E for sexual offences; Magisterial Courts for lesser matters.
Governing law
- Penal Law, Title 26, Liberian Code of Laws Revised (1976) — Model Penal Code structure and offence grading.
- Criminal Procedure Law, Title 2, Liberian Code of Laws Revised — Grand jury indictment; petty jury trial.
- Rape Amendment Act, 2005 — Redefined rape; created Criminal Court E.
In practice
The Penal Law (title 26 of the Liberian Code of Laws Revised) follows the Model Penal Code approach with culpability levels and offence grading into first- and second-degree felonies and misdemeanours, which distinguishes Liberia sharply from the British-derived codes elsewhere in the region. The Criminal Procedure Law (title 2) provides for arrest, bail, indictment by grand jury and trial by petty jury — again American in form. Liberia acceded to the Second Optional Protocol to the ICCPR abolishing the death penalty in 2005, but the 2008 Act amending the Penal Law prescribed death for armed robbery, terrorism and hijacking resulting in death, creating an acknowledged conflict with its treaty obligation; no execution has been carried out since 2000. The Rape Amendment Act 2005 redefined rape, made gang rape non-bailable and created Criminal Court E to try sexual offences. Trial by ordeal, though restricted by statute and case law, persists in practice and has been the subject of Supreme Court condemnation.