Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In the comments that it has been making for more than ten years, the Committee has referred to section 44 of the Penal Code, under which, where offences are commited by "savages", the judge may replace sentences of imprisonment by assignment to a penal agricultural colony for an unspecified period of up to 20 years, irrespective of the maximum duration of the sentence that the offence would entail if it had been committed by a "civilised man".

The Committee noted section 21 of the draft Penal Code published in the Official Journal of 31 March 1986 under which the judge may declare inapplicable or reduce the sentence below the minimum set out in the law for a person who, as a result of his culture or customs, commits an act that is punishable without being able to duly understand the offensive nature of the act or being responsible for his behaviour in view of such understanding.

The Committee also notes that Act No. 24911 of 25 October 1988 extended the time-limit for the enactment of the new Penal Code.

The Committee notes, from the information supplied by the Government in its report, that the new Penal Code will be adopted in April 1990.

The Committee requests the Government to supply a copy of the new Penal Code once it has been adopted.