The Government of Islamic Republic of Afghanistan Introduces New Penal Code - Ministry of Justice

The Government of Islamic Republic of Afghanistan Introduces New Penal Code

November 11, 2017

The country’s new Penal Code was introduced during a glorious ceremony by His Excellency Mohammad Sarwar Danish, the second vice president of Islamic Republic of Afghanistan and His Excellency Abdul Baseer Anwar, Minister of Justice of Islamic Republic of Afghanistan at the Government Media and Information Center. This ceremony was attended by respected members of Cabinet, respected members of the High Counsel of Supreme Court, respected members of the National Assembly, respected head and members of the Commission of Oversight on the Implementation of Constitution, respected members of Attorney General Office and national and international institution’s representatives.

The second vice president of Afghanistan provided his speechconcerning the history of legislative codes in the world and emphasized on the role of legislations over the governance, justice and public welfare. He further stated that the first penal code of Afghanistan was written during the presidency of Sardar Mohammad Dawood Khan, the first president of Afghanistan and was enforced through a presidential decree.

Mr. Danish addressed the Penal Code as a comprehensive law and added: the penal provisions were brought together from thirty-threedifferent laws, and after revisions, they were inserted into this Code. He asked the Ministry of Higher Education to place this code in the curriculum of law faculties in order to be taught to the law students. He further addressed the Code as one of the international commitments of the Afghan Government.

Minister of Justice of Islamic Republic of Afghanistan presented his speech respectively and said: The revision project of the Penal Code was first approved by the former president on May 29, 2010, then was officially inaugurated on April 1, 2012, and for the purpose of its revision and review, a working group of experts which was composed of national and international institutions, initiated the project. The working group, after four and half years of organized, long and accurate work, finalized the first draft andofficially submittedit to the Ministry of Justice on May 1, 2016. Hecontinued that, after scrutinizing the final draft of Penal Code on September 27, 2016, it was offered to the High Office of President and the Cabinet of Islamic Republic of Afghanistan. He added that, for the purpose of further enrichment of the Code, the ideas and suggestions of Cabinet members, high ranking Sunni and Sheyareligious scholars, members of Overall Counsel of Religious Scholars of Afghanistan, respected Khateebs(clergies) of Kabul City, professionals and university professors of Afghanistanwereconsidered appropriately.

The Minister of Justice stated that this law has been published through the Official Gazette after the approval of the Cabinet of Islamic Republic of Afghanistan by the legislative decree number 256 of His Excellency the President of Islamic Republic of Afghanistan, dated March 4, 2017.

Subsequently, Mohammad Ashraf Rasooli, senior advisor to Minister of Justice and Deputy Attorney General presented their speeches, and provided information pertaining the drafting process and importance of the Penal Code.

The Penal Code of Afghanistan consists 916 articles and has been formulated in two parts; general criminal law and special criminal law.