Afghanistan > Criminal and penal law

Afghanistan - Criminal and penal law - Law, Act

Penal Code, 2017. -

Adoption: 2017-05-15 | Date of entry into force: 2018-02-14 | AFG-2017-L-105003

The revised Penal Code contains provisions on crimes against humanity, war crimes, human trafficking, sexual harassment and prohibition of the practice of Bacha bazi. It consolidates 10 criminal laws and 33 legislative instruments in other areas.

The 2017 Code provides that provisions contrary to the provisions of this law shall be annulled and repeals the following laws:
- Criminal Procedure Code (published in the Official Gazette No. 26) and its amendments (published in Official Gazettes No. 45, No. 90, No. 268, No. 547, No. 657, and No. 763)
- Law on Detection and Investigation of Crimes and Oversight by the Prosecutor’s Office on the Legality of Its Implementation (published in Official Gazette No. 424) and its amendments (published in Official Gazettes No. 498, No. 688, No. 737)
- Interim Criminal Procedure Code for Courts (published in Official Gazette No. 820) and the amendment of its article 83(3) (published in Official Gazette No. 1013), as well as articles 161–171 (published in Official Gazette No. 347)


The Code has 916 articles in two sections: general penal law and specific penal law (crimes and punishments). It criminalizes international crimes listed in the ICC Statute, including war crimes, crimes against humanity, genocide and aggression, and it sets forth the criminal liability for civilian superiors or military commanders who fail to prevent or punish subordinated who commit these crimes. It further prevents an alleged perpetrator from invoking the defence of superior order for genocide, crimes against humanity, war crimes, aggression against State and torture.

The Penal Code further punishes, among others:
- Illicit manufacturing and traffic in firearms;
- Sexual abuse of boys, extending the prohibition to all related acts, including knowingly attending a performance that involves such practice;
- Forced virginity testing of women suspected of having engaged in consensual extra-marital sex (clearly distinguished from rape).

Other novelties of the new Penal code include:
- The incorporation of alternatives to imprisonment (of up to 5 years) and incarceration of minors (of up to 3 years) with the discretion of the judge. Requires it (mandatory) where a sentence is 6 months or less. War crimes are excluded from such alternatives.
- Death Penalty offenses are reduced from the former 54 to 14. Several crimes formerly liable to death penalty are assigned in the new Code a form of imprisonment called the ''first degree continued imprisonment (30 years)''.
- Full immunity is granted to International Organizations: the 1976 Penal Code protected only diplomatic representatives (art. 8), while the 2017 Penal Code extends protections to “…other political representatives, representatives of international organizations, and other employees who have diplomatic protection in accordance with 1969 Vienna Convention on diplomatic immunity and 1973 Convention on prohibition and punishment of crimes against internationally protected persons and their family members” (art. 4).

Finally, the Penal Code addresses topics such as the protection of cultural property, the protection of the dead, and recruitment of children, among others.

Afghanistan - Criminal and penal law - Law, Act

Law on the Prohibition of Torture (1396/02/02) [2017]. -

Adoption: 2017-04-22 | AFG-2017-L-105005

Afghanistan - Criminal and penal law - Law, Act

Law on Prevention of Money Laundering and Proceeds of Crimes (05/01/1393) [2014]. -

Adoption: 2014-06-25 | Date of entry into force: 2014-07-23 | AFG-2014-L-99022

Afghanistan - Criminal and penal law - Law, Act

Presidential Decree amending Article 26 of the Criminal Procedure Code (23/01/1393) [2014] (No. 137). -

Adoption: 2014-05-05 | Date of entry into force: 2014-06-05 | AFG-2014-L-99020

The Law amends article 26 which introduced a controversial provision into the law which would potentially allow abusers to avoid having to testify in the court for offences in the home. The draft text included "relatives of the accused" among a list of people who "cannot be questioned as witnesses" in criminal proceedings. This provision was adopted but did not receive a presidential signature and the law was sent back to the Ministry of Justice to modify article 26. The Presidential Decree which amended the Criminal Procedure Code allows relatives of the accused person to testify against them but also the possibility to refuse that they testify. The amendment of the text can be found in the last few pages of the PDF of this document.

Afghanistan - Criminal and penal law - Law, Act

Criminal Procedure Code. -

Adoption: 2014 | AFG-2014-L-99021

Afghanistan - Criminal and penal law - Law, Act

Elimination of Violence Against Women (EVAW) Law, 2009 (Presidential Decree No. 91 of 20 July 2009). -

Adoption: 2009-07-20 | AFG-2009-L-102060

The Law was passed by Presidential Decree on the 20th of July 2009. It provides protection for women against violence as well as forced marriages, under-age marriages and polygamous relationships.

As at 2016, the EVAW Law had not yet been approved in parliament.

Afghanistan - Criminal and penal law - Law, Act

Law Countering Abduction and Human Trafficking and Smuggling (1387/04/25) [2008]. -

Adoption: 2008-07-14 | AFG-2008-L-105008

Afghanistan - Criminal and penal law - Law, Act

Interim Criminal Procedure Code for Courts. (قانون اجراآت جزایی مؤقت محاکم) -

Adoption: 2004 | AFG-2004-L-86570

Chapter 1 - General Provisions
Chapter 2 - Common Provisions for the Suspect and the Accused
Chapter 3 - Reporting of Crimes and Role of the Saranwal
Chapter 4 - Jurisdiction of the Courts
Chapter 5 - Duties and Jurisdiction of Judicial Police
Chapter 6 - Investigation Performed by the Saranwal
Chapter 7 - Notification of the Deeds and Representation During the Investigations
Chapter 8 - The Trial
Chapter 9 - Appeal Procedure
Chapter 10 - Recourse to the Supreme Court
Chapter 11 - Review of Court Sentences
Chapter 12 - Execution of Courts' Final Decisions
Chapter 13 - Conditional Release
Chapter 14 - Problems of Execution
Chapter 15 - Miscellaneous Provisions

Afghanistan - Criminal and penal law - Regulation, Decree, Ordinance

Decree issuing Regulations pertaining to punitive actions against judges.

Adoption: 1983-09-07 | AFG-1983-R-5115

Deals with negligence of judges in discharging their duties and engaging in investigations; covers punishable offences, competent authorities to deal with cases, findings, etc.

Afghanistan - Criminal and penal law - Law, Act

Penal Code 1976. -

Adoption: 1976-09-22 | AFG-1976-L-105007