Criminal
Código Penal 2019 with no death penalty and decriminalised same-sex conduct
The Código Penal (Lei 24/2019) replaced the 2014 code, which had itself replaced the Portuguese code of 1886. The 2014 reform decriminalised same-sex sexual conduct. The death penalty was abolished in 1990. Procedure follows the Código de Processo Penal as revised in 2019.
Key rules
- Jurisdiction — District and provincial courts try offences; the Tribunal Supremo hears appeals.
- Deadline — Detention reviewed by a judge within 48 hours
Governing law
- Código PenalLei 24/2019
- Código de Processo PenalLei 25/2019
- Constitution art 40 — right to life; no death penalty
In practice
Mozambique moved from an 1886 Portuguese code to a modern national code in two steps (2014, then 2019), and the 2014 decriminalisation of same-sex conduct placed it ahead of most of the continent — a contrast with several of its immediate neighbours.