Eighth Session
Criminal Procedure Code (Amendment) of 2009
Pursuant to the provisions of the Transitional Constitution of the Republic of the Sudan for the year
2005, the National Assembly the President of the Republic approved and signed the following law:
Name of the law and its commencement
1. This law is called the "Code of Criminal Procedure (Amendment) of 2009" and shall come into
force on the date of its signature.
Amendment
2. The Code of Criminal Procedures for the year 1991, shall be amended according to the
followings:
(First) Article 3:
(A) To re-number the article to be 3 (A)
(B) The following two new items shall be added to the Code and follow Item (1) in sequence:
(2) Notwithstanding the generality of the provision of paragraph (1), no criminal proceedings
nor investigations or trials shall be initiated against any Sudanese who is accused of
committing any act or rejection that is deemed against the provisions of the International
Humanitarian Law, including crimes against humanity, genocide and war crimes, except in
front of the Sudan Police, the Public Prosecution or the Sudanese judiciary.
(3) Notwithstanding any provisions of any other laws, no government authority at any level of
the government or any person shall aid or support any party in any form to extradite any
Sudanese to be tried abroad for incriminating him for committing any crime in violation of
international humanitarian law including crimes against humanity, genocide or war crimes.
(Second) Article 4:
(A) Item number (I) to be delated and replaced by the following new item:
(I) It is permissible to reach a settlement or grant the right of amnesty on any crime that
involves a private right, to the extent of that right.”
(B) Item (Z) to be deleted and replaced by the following new item:
(Y): it is acceptable to use either English Language or Arabic language or any other
national language in all criminal procedures.
(Third) on the face of Article 5:
(A) The phrase “Public Administrator” shall be rejected along with its equivalent
interpretation and replaced by the followings:
“The Administrator” means any person who is in charge of Public or local or national
specialized administration as the case may be.
(B) In the following equivalent interpretation of the “Public Persecution” and the “Public
Persecutor” the following phrase shall be added “or The Ministry of Legal Affairs and
Constitutional development of Southern Sudan” after the phrase “Ministry of Justice”.
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