General Information abou Afghanistan law structure

1. Prepared by Hizbullah
Ghalib
Capital City: Kabul
Provinces: 34
population:39,240,706
Official Languages: Pashto and Dari
Type of Government: Presidential
Law: Islamic, Civil and Customary Law
Current President: Dr. Mohd Ashraf
Ghani

2. History of Islamic Republic of Afghanistan
 The Islamic Republic of Afghanistan is
located in South Central Asia.
 Afghanistan is a land-locked country
surrounded by Pakistan and India to
the east, Iran to the west,
Turkmenistan and Uzbekistan to the
north, and Tajikistan and China to the
northeast.

3. Government Structure
President
Legislative Power
National Assembly
House of Elders
Executive Power
Ministers
Governors
District Governors
Judicial Power
Supreme Court
Provincial Courts
(Court of Appeals)
Districts Courts
(Lower courts)

4. Executive Power of President
 The President shall be the head of state of the Islamic Republic of Afghanistan
 The President shall have two Vice-Presidents, first and second
Responsibilities:
 - Supervising the implementation of the Constitution;
 Determining policies with the approval of the National Assembly;
 Proclaiming as well as terminating the state of emergency with the endorsement of the National
Assembly;
 Being the Commander in Chief of the armed forces of Afghanistan;
 Declare war and peace with the endorsement of the National Assembly;
 Take necessary decisions to defend territorial integrity and preserve independence;
 Dispatch armed forces units outside of Afghanistan with the endorsement of the National
Assembly;
 Convene the Loya Jirga except in the situation prescribed in Article 69 of this Constitution;
 Endorsing laws as well as judicial decrees; appointing the nation's ministers, the attorney general,
the director of the central bank, and the justices of the Supreme Court, the National Security
Director as well as the Head of the Red Crosse with the approval of the main legislative body,
the Wolesi Jirga.

5. Legislative Power
The legislative branch of the Islamic Republic of Afghanistan is the
National Assembly or Parliament.
The National Assembly of the Islamic Republic of Afghanistan as the
highest legislative organ is the manifestation of the will of its people and
represents the whole nation.
supervising the government performance and representing their client as
well as their demands and needs are the main duties of the members of the
National Assembly.
Ratification, modification or abrogation of laws or legislative decrees;
approval of political, economic, social, academic and cultural programs;

6. judicial structures in Afghanistan
Supreme Court:
 Civil, commercial, general criminal, public
and military crimes and crimes against public
security and interest divisions.
 In each division there are two member of the
Supreme Court, a number of judicial
counsellors, judicial reporters and
administration staff.
Appeal Courts:
Primary Courts:
Fourth – Other courts:

7. Appeal Courts: In the canter of each province there is an
appeal court which has the following divisions:
• General Criminal Division
• Public Security Division
• Civil and Personal Affairs Division
• Public Rights Division
• Commercial Division
Primary Courts: Includes all city primary courts in the
canter of provinces and district courts in the canter of
districts.
Fourth – Other courts: Other courts: Includes children
courts, family courts, primary commercial courts and
counter narcotics divisions.
Local Courts are:

8. Supreme Court of Afghanistan
 The supreme court is the highest court within the
hierarchy of courts in legal jurisdictions. This courts
include court of last resort, apex court, and high (or final)
court of appeal. Broadly speaking, the decisions of a
supreme court are not subject to further review by any
other court.
 The judiciary shall be an independent organ of the state of
the Islamic Republic of Afghanistan.
 The judiciary shall be comprised of one Supreme Court,
High Courts as well as primary courts whose organization
and authority shall be regulated by law.
 The authority of the judicial organ shall include reviewing
all cases filed by real or incorporeal persons, including the
state, as plaintiffs or defendants, before the court in
accordance with the provisions of the law.

9. Hierarchy of normative legal acts
 The Constitution and Constitution law of Islamic republic of Afghanistan
 The roles of Islamic republic of Afghanistan
 amendments in the constitution
 Legislative Decree
 Commitments
 Commands
 Regulations
 Procedures
 Presidential decree
 Article of Association of the Islamic republic of Afghanistan
 Codes of the Afghanistan and Law of the Islamic republic of
Afghanistan
 normative resolutions of the Parliament of the Islamic Republic of
Afghanistan

10. Criminal Legislation
Constitution
Criminal code
(Penal Code)
Code of
Criminal
Procedure
Interim
Criminal Code

11.  Entered into force from
February 23, 2014
 Consist of Two parts
General and Special
 The total number of
sections are 4.
 The total number of
chapters is 48.
 The total number of articles
is 382.
 Entered into force from 7 October
1976
 Consists of 2 Books: General
provisions and Special
provisions.
 The total number of sections is 8.
 The total number of chapters is
133.
 The total number of articles is
523.
Code of Criminal
Procedure
Criminal Code (Panel
Code)

12. Criminal Code
General Part:
 SECTION 1 – PRELIMINARY PROVISIONS (Criminal Law)
 SECTION 2 – CRIMES
 SECTION 3 – PERPETRATOR
 SECTION 4 – PUNISHMENT
 SECTION 5 – DISMISSAL OF CRIME AND PUNISHMENTS
Special Part:
 SECTION 1 – FELONIES AND MISDEMEANORS AGAINST
PUBLIC INTEREST
 SECTION 2 – FELONIES AND MISDEMEANORS AGAINST
INDIVIDUALS
 SECTION 3 – PETTY OFFENSES

13. Crime: Crimes are classified as felony, misdemeanour, and petty offense from
the point of view of seriousness.
- Felony: Felony is a crime whose doer is sentenced to death or
continued imprisonment or long imprisonment. (Killing another
person, Kidnaping which cause death of children, forced rapping
cases and cause big damage to national interests
- Misdemeanour: Misdemeanour is a crime whose doer is sentenced
to imprisonment of more than 3 months up to 5 years, or cash fine of
more than 3,000 Afghanis.
- Petty Offence: Petty offense is a crime whose doer is sentenced to
imprisonment of 24 hours to 3 months, or cash fine of up to 3,000
Afghanis.
Crime

14. Punishments
by law
Execution
(shooting
convicted
person to
death)
Continued
imprisonment
from 16 to 20
Long
imprisonment.
5 to over 15
Years
Medium
imprisonment.
1 and more
than 5 years.
Short
imprisonment.
24 hours and
more than 1
year.
Cash
punishment.
Less 50-AFN
and Mix as per
Court decision

15. Execution took place in Afghanistan
 From 2001 up to 2017 the total number of
peoples executed to death are 68.
 600 people were given executions sentence
in 2016, while six of them were executed.
Link for some execution reported in English
 https://www.afghanistan-
analysts.org/en/reports/rights-
freedom/afghanistans-latest-executions-
responding-to-calls-for-capital-punishment/

16. Consequential Punishments for Continued
or Long Imprisonment
person who is sentenced to continued or long imprisonment of more than 10 years shall
also be deprived of the following rights and privileges:
 1-State employment.
 2– Service in the armed forces.
 3– Membership of Parliament, municipalities, provincial, and local councils.
 4– Participation in elections as an elector.
 5– Use of State titles and decorations, both domestic and foreign.
 6– Membership in boards of directors of companies and banks.
 7– Executorship, trusteeship, and procuration in transactions and claims.
 8– Acting as witness in contracts and transactions during the period of conviction.
 9– Concluding contracts with State departments and/or obtaining concession from the
State.
 10– Ownership on concession (license), editorship, or chief-editorship of magazines
and dailies.
 11– Administration of goods and estate during the period of conviction, with the
exception of dedication and will.

17. DISMISSAL OF CRIME AND PUNISHMENTS
 If the convict dies before and after finalization
of the verdict, the crime and all its effects shall
be dismissed.
 General amnesty is proclaimed by the law and
as its effect the claim is cancelled and the
verdict convicting the criminal is nullified.
 With respect to restoration of honor and
postponement of enforcement of the sentence,
provisions of the Criminal Procedure Code
shall be applied.

18. Principles of Criminal Procedure
Principle of legality
The principle of the respect for the rights of
defense
The principle of equality before the law and
before the judge
Innocent until proven guilty
The principle of dual jurisdiction
Individual criminal responsibility
The principle of the presumption of innocence
Principle of Hierarchy in Criminal Procedure

19. INVISTIGATION
Principles of Investigation stage
• The hierarchical principle
• The principle of independence and impartiality
• The principle of discretionary prosecution.
•
Duties of prosecutor during the preliminary investigation
• The referral to the Attorney
• Initiating a criminal case
• Overview on the investigation
• The interrogation
• The arrest of the suspect
• Gathering the evidence
• Conclusion of the Investigation
• Notification during investigation

20. Evidence in afghan Criminal Law
 Witnesses (two men or 1 men two women witnesses to do
Shahadat)
 Confrontations (face-to-face with an adverse witness in the
court's presence )
 Line up procedures (the police arrange a number of individuals in a
row before a witness to a crime and ask the witness to identify which)
 Inspections( investigation of case)
 Searches (as by a law enforcement officer, for the purpose
of discovering evidence)
 Seizure (When any property is civilly or criminally forfeited)
 Expert exams and evaluations (like doctors and others)
 Interrogations (interviewing the criminal)

21. Stages of Criminal Case Process

22. Statistics of Crimes
Afghanistan Crime Rate & Statistics - Historical Data
Year Per 100K Population Annual % Change
2017 7.10 7.58%
2016 6.60 -34.00%
2015 10.00 58.73%
2012 6.30 53.66%
2011 4.10 20.59%
2010 3.40 -15.00%
2009 4.00 -15.00%

23. Any Question!