The Penal Code Act, 2008 - WIPO

1 ACTSSUPPLEMENT No. 110th February, SUPPLEMENTto The Southern Sudan Gazette No. 1 Volume I dated 10th February, by Ministry Legal Affairs and Constitutional Development, by Order of the 9 Penal code Act2008 THE Penal code ACT, 2008 ARRANGEMENT OF SECTIONSCHAPTER IPRELIMINARY and Commencement. 2. Repeal and Saving. 3. Authority and IIAPPLICATION OF LAW, CONVICTION AND COMPENSATION6. Conviction for Offences Committed Within Southern for Offences Committed Outside Southern Possible Juveniles, Aged Persons, Pregnant or Suckling of Life Special Sentence for Juvenile not to be Excessive. of Imprisonment for Non-payment of Limit to Imprisonment for Non-payment of Fine, whenImprisonment and Fine are Imprisonment for Non-payment of Fine, when the Offence isSubject to Fine Imprisonment to Terminate on Payment of Fine or ProportionalPart of Fine. Discharged by Death or Service of Sentence in Default on Sentence when Act Falls within Definition of more thanone Offence, or when an Offence made up of Several Acts.

2 19. Sentencing of a Person Convicted of one of Several Habitual Compensation. CHAPTER IIICRIMINAL RESPONSIBILITY AND DEFENCES22. Common Knowledge. 23. Presumption of Knowledge of an Intoxicated Acts of a Person Incapable of Judgment by Reason of IntoxicationCaused Against his or her Will. 25. Act done by Person Bound or Justified by Act of a Court. 27. Act Committed Pursuant to the Judgment or Order of the Accident in Committing a Lawful Committed to Prevent Injury. 30. Children under Twelve Years of Age not Criminally Criminal Capacity of Children of Twelve and Under FourteenYears of No Presumption of Criminal Incapacity for Persons of and overthe Age of Fourteen Years. Relief from Civil Act of a Person Incapable of Judgment by Reason of Unsoundnessof Mind. 35. Act not Intended to Cause Death or Grievous Hurt Done by Consent Known to be Given Under Fear or Misconception. made in Good to Which a Person is Compelled by Threats.

3 39. Act Causing Slight Right of Private Defence. of Private Defence Against Act of Person of Unsound Mind, General Limit of Right of Private Defence. 43. No Right of Private Defence when Protection of PublicAuthorities of Right of Private Defence Against Act of Public Servant. 45. When Right of Private Defence of the Body Extends to Right of Private Defence of Property Extends to Right of Private Defence against Deadly Assault when there is2 Act 9 Penal code Act2008 Risk of Harm to Innocent IVJOINT ACTS, ABETMENT, CONSPIRACY AND ATTEMPT48. Acts Committed by Several Persons in Furtherance of CommonIntention. 49. When such an Act is Criminal by Reason of its Being CommittedWith a Criminal Knowledge or Cooperation by Committing One of Several Acts Constituting Persons Concerned in Criminal Act May be Guilty of DifferentOffences. 52. Abetment if the Act Abetted is Committed in Consequence andwhere no Expressed Provision is made for Abetment if a Person Abetted Commits the Act with DifferentIntention from that of the Abettor.

4 55. Liability of Abettor when one act Abetted and Different Abettor when Liable to Cumulative Sentences for Act Abetted andfor Act of Abettor for an effect caused by the act Abetteddifferent from that Intended by the Present when an Offence is Committed Liable as Abetment of Offence Subject to Death Sentence or LifeImprisonment if the Offence is not committed. of Offence Subject to Sentence of Imprisonment ifOffence is not Committed. Commission of Offence by the Public, or by more thanten to Commit Offences Punishable with VOFFENCES AGAINST SOUTHERN SUDAN64. Concealing Constitutional 9 Penal code Act200867. Insurgency, Banditry, Sabotage or Recruiting or Training Insurgents, Bandits, Saboteurs or Training as Insurgent, Bandit, Saboteur or Supplying Weaponry to Insurgents, Bandits, Saboteurs or Possessing Weaponry for Insurgency, Banditry, Sabotage or Possession of Dangerous Harbouring, Concealing or Failing to Report an Insurgent, Bandit,Saboteur or Causing Disaffection among Police Force or Defence Publishing or Communicating False Statements Prejudicial toSouthern Undermining Authority of or Insulting VIOFFENCES RELATING TO THE DEFENCE FORCES ANDOTHER ORGANIZED FORCES77.

5 Prohibition of Wearing Uniform or using token Resembling whatis used by the Defence Forces and Other Organized Forces orManufacture or Trade therewith. 78. Unlawful Drill. CHAPTER VIIOFFENCES AGAINST PUBLIC in Gathering with Intent to Promote Public Violence,Breaches of the Peace or or Endangering Free Movement of Persons or Possession of Articles for Criminal Disorderly Conduct in Public Offence to Persons of a Particular Race, Religion, Possession of Offensive Weapons at Public a Public VIIIOFFENCES BY OR RELATING TO PUBLIC SERVANTS87. Public Servants taking Gratification in Respect of an Official Bribes or Gratification in Order to Influence Public Abetment by Public Servant of Offence Mentioned in Section 9 Penal code Act200890. Offering or Giving Bribe or Gratification to Public Receiving or Giving Bribe or Gratification by Agent or Employeeto show Favour or Public Servant Obtaining Valuable thing without Considerationfrom Person Concerned in Proceeding or Business Transacted bysuch Public Offering or Giving Something of Value without Person Profiting by Bribery or Public Servant Dishonestly Receiving Money or Property not Public Servant Disobeying Directives of Law with Intent to causeInjury or to save Person from Punishment or Property from Public Servant Framing Incorrect Record or Writing orMistranslating Document with Intent to cause Injury or to saveperson from Punishment or Property from Public Servant in Judicial Proceedings making a Report which heor she knows to be Contrary to for Trial or Confinement by person having Authoritywho knows that he or she is Acting Contrary to Public Servant Intentionally

6 Omitting to Arrest, or Permitting orAiding Escape from Confinement or Servant Negligently Omitting to Arrest or PermittingEscape from Confinement or Servant Willfully Omitting to Perform Duty, if such OmissionCauses Danger Abandonment of Duty by Public Public Servant Engaging in Public Servant Not to Engage in Purchase or a Public Wearing Uniform or using Token used by Public IXCONTEMPT OF THE LAWFUL AUTHORITY OF A PUBLIC SERVANT108. Avoidance of Service of Service or Publication of to Failure to Produce 9 Penal code Act2008112. Failure to give Notice or Information to Public Furnishing False False Information with Intent to Mislead Public Refusing Oath or Affirmation when duly Required by Public Refusing to Answer Public Servant Authorised to Refusing to Sign a Resistance to Taking of Property by Lawful Authority of Obstructing Sale of Property Offered for Sale by Lawful Authorityof Public Illegal Purchase or Bid for Property Offered for Sale by Authorityof Public Obstructing Public Servant in Discharge of Public Omission to Assist Public Servant when Bound by Law.

7 123. Contravention of Residence Disobedience to an Order Duly Promulgated by Public of Injury to Public Threat of Injury to Induce Person to Refrain from Applying forProtection to Public Insult or Interruption to Public Servant Sitting inJudicial XOFFENCES RELATING TO THE ADMINISTRATIONOF Relating to Evidence. 129. Fabricating False Evidence or Fabricating False or Fabricating False Evidence with Intent to ProcureConviction for an Offence Punishable with Giving or Fabricating False Evidence with Intent to ProcureConviction of Offence Subject to Evidence Known to be Issuing or Signing False as True a Certificate known to be Statement made in Declaration which is by Law Receivableas Using as True such Declaration Knowing it to be 9 Penal code Act2008138. False Destruction of Document to Prevent its Production as Screening or Harbouring Taking Gift to Screen an Offender from Harbouring Robbers or Resistance to Arrest and Escape.

8 144. Resistance or Obstruction by a Person to his or her Lawful Arrestor Resistance or Obstruction to Lawful Arrest or Escape, in Casesnot provided for by Section Fraudulent or Dishonest Dealing with Property to Prevent itsSeizure or its Application According to Fraudulently Suffering A Decree for Sum not Fraudulently Obtaining Decree for Sum not Due. 149. Dishonest or Fraudulent Execution of Deed of TransferContaining False Statement of False Information in Respect to an Offence Impersonation for Purposes of an Act or Proceedings in a Suit Charge for an Offence made with Intent to Gifts to Help to Recover Movable Influencing Course of on Accused or XIOFFENCES RELATING TO COUNTERFEITING NOTES, COINS AND REVENUE STAMPS156. Counterfeiting Coin and Making, Buying or Selling Instrument for Counterfeiting Coin orNotes. 158. Possession of Instrument or Material for the Purpose of using thesame for Counterfeiting Coin or or Export of Counterfeit Coin or Fraudulently or Dishonestly Diminishing Weight or AlteringComposition of Delivery of Counterfeit Coin or Possession of Coin or Note by Person who knew it to be7 Act 9 Penal code Act2008 Counterfeit when he became Possessed Delivery of Coin or Note as Genuine which when first Possessedthe Deliverer did not know to be Delivery of coin as genuine which when first possessed thedeliverer did not know to be Counterfeiting Revenue Having in Possession Instrument or Material for CounterfeitingRevenue Making Buying or Selling Instrument for Counterfeiting Import, Export, use or Sale of Counterfeit Revenue Having Possession of Counterfeit Revenue Effacing Writing from Substance Bearing Revenue Stamps, orRemoving from Document a Stamp used for it.

9 With Intent tocause Using Revenue Stamp Known to have been used of Mark Denoting that Revenue Stamp has been XIIOFFENCES RELATING TO WEIGHTS AND use of False Instrument for Fraudulent use of False Weight or in Possession of False Weight or Measure Making, Buying or Selling False Weight or Measure XIIIOFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY AND Nuisance Adulteration of Food or Drink Intended for of Food or Drink not Corresponding to of Adulterated Food or of Noxious Food or Adulteration of Sale of Adulterated Sale of Drug as a Different Drug or Destruction of Property upon 9 Penal code Act2008186. Fouling Water of Public Well or Making Atmosphere Noxious to Exhibition of False Light, Mark or Obstruction in Public Way or Line of Employees Engaged on Work of Public Utility Ceasing Workwithout Negligent Conduct Causing Danger to Person or to Assist Person Injured or Unconscious or in Danger ofhis or her Breach of Contract to Attend to and Supply Wants of Helpless Sentencing for Public Nuisance in Cases not Otherwise Continuance of Nuisance after Injunction to XIVPROVISIONS RELATING TO ANIMALS196.

10 Ill-treatment of Domestic Riding and Neglect of Power to Order Temporary Custody or Destruction of Limit for Conduct with Respect to XVOFFENCES RELATING TO RELIGION201. Insulting or Inciting Contempt of Religious Creed. 202. Abuse of Religious and Noble Beliefs. or Defiling Place of Worship with Intent to Insult theReligion of any Religious Trespass on Burial Places XVIOFFENCES RELATED TO DEATH206. Murder by a Person serving Culpable 9 Penal code Act2008211. Culpable Homicide by Causing Death of a Person other than thePerson whose Death was Attempted Culpable Abetment of Abetment of Suicide by a Child or an Insane Attempt to Commit The Causing of Miscarriage, Injuries to Unborn Children,Exposure of Infants, Cruelty to Children and Concealment ofBirth Causing Causing Miscarriage Without Woman s Death Caused by act done with Intent to Cause Causing Miscarriage Act Done with the Intent to Prevent a Child being Born Alive orto Cause it to Die after Causing Death of Quick Unborn Child by an Act Amounting toCulpable of Birth by Secret Disposal of a Child or Dead XVIIOFFENCES RELATING TO BODILY INJURY ANDINTIMIDATION223.