Penal Code Act, 2012 (Act No. 6 of 2012).
Country
Type of law
Legislation
Abstract
In Lesotho no person shall be tried, convicted or punished for an offence other than an offence specified in this Code or in any other written law or statute in force in Lesotho. However, except where expressly provided, nothing in this Code shall affect: the liability, trial or punishment of a person for an offence against any other written law in force in Lesotho other than this Code; the liability of a person to be tried or punished under any provisions of any law in force in Lesotho relating to the jurisdiction of the courts of Lesotho for an offence in respect of an act done beyond the ordinary jurisdiction of such courts;the power of any court to punish a person for civil contempt of such court; the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed in respect of any act done or commenced before the coming into operation of this Code; or any of the written laws for the time being in force for the governance of the police, security services and armed forces of Lesotho. The existing jurisdiction of The Local and Central Courts in relation to customary law offences and punishment shall continue until such time as the Minister responsible for Justice, may decide otherwise. Part II regulates General principles of criminal liability; age of criminal responsibility; omissions - no person shall be criminally liable for any omission to act unless he or she is under a legal duty to perform the act which he or she has omitted to do; involuntary acts; automatism; Negligence or recklessness; culpability; ignorance of the law; intoxication; claim of right - a person shall not be guilty of an offence relating to property if his or her act or omission in relation to that property was accompanied by a reasonably held belief that he or she was exercising a claim of right; sudden emergency; offences by companies;among others.
The Code continues regulating offences against persons (Part III), property (Part IV), administration and public orders (Part V), genocide, crimes against humanity and war crimes (Part VI), acts of terrorism (Part VII), defamation and crimen injuria (Part VIII), and related to marriage (Part IX). Part X and schedules entail penalties. Among the offences regulated in this Code follow relevant examples: under offences against property the unauthorised use of property, misuse, trespass and fraud, etc; under offences against administration and public orders corruption, bribery, etc; under act of terrorism the release of dangerous substance, fires, explosives or floods, interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger life, commits an offence of terrorism; etc.
The Code continues regulating offences against persons (Part III), property (Part IV), administration and public orders (Part V), genocide, crimes against humanity and war crimes (Part VI), acts of terrorism (Part VII), defamation and crimen injuria (Part VIII), and related to marriage (Part IX). Part X and schedules entail penalties. Among the offences regulated in this Code follow relevant examples: under offences against property the unauthorised use of property, misuse, trespass and fraud, etc; under offences against administration and public orders corruption, bribery, etc; under act of terrorism the release of dangerous substance, fires, explosives or floods, interference with or disruption of the supply of water, power or any other fundamental natural resource, the effect of which is to endanger life, commits an offence of terrorism; etc.
Attached files
Date of text
Entry into force notes
09 March 2012.
Repealed
No
Source language
English
Legislation Amendment
No