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Afghanistan (105,001) > General provisions (14,392)

Name: Presidential Decree amending Article 26 of the Criminal Procedure Code (23/01/1393) [2014] (No. 137).
Country: Afghanistan
Subject(s): Criminal and penal law
Type of legislation: Law, Act
Adopted on: 2014-05-05
Entry into force:
ISN: AFG-2014-L-99020
Bibliography: Legislation on-line Legislation on-line Ministry of Justice, Afghanistan PDF of Code PDF of Code (consulted on 2015-05-18)
Abstract/Citation: 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.

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