Haiti's criminal justice system

As per the constitution of Haiti – promulgated in 1987 – the government of Haiti has an obligation to not only offer basic protections to the citizens of Haiti, but also maintain law and order. The country’s judiciary, which happens to be one of the three arms of government, is made up of the magistrate’s courts, civil courts, courts of appeal, and court of cassation. This text concerns itself with the criminal justice system of Haiti. In so doing, it not only highlights the historical development of Haiti’s criminal justice system, but also the county’s criminal law and how it relates to that of the United States and Saudi Arabia.
Discussion
A: Historical Development
The Haiti criminal justice system is largely founded in on the French criminal justice model. It is important to note that French Buccaneers set base in Turtle Island during the 16th and 17th century which they subsequently used as launch pad for their Caribbean commercial exploits. Soon enough, their influence had spread to extensive regions around the island. The Island’s western portion was, however, officially recognized as belonging to the French in 1967 – following whet is referred to as the Treaty of Ryswick. This western portion, which is the modern-day Haiti, came to be known as Saint-Domingue. It was, however, not until 1804 that a popular uprising against the French (that commenced in 1791) lead to Haiti’s independence. Haiti’s entire judicial structure, criminal procedure code, as well as criminal code was therefore borrowed from the French – with very minor changes. The enactment of the main codes of the Haiti criminal justice system took place between 1825 and 1826. The said codes are inclusive of the Rural Code, Code of Criminal Procedure, Criminal Code, Commercial Code, Code of Civil Procedure, and the Civil Code.
B: Crimes
In Haiti, a contravention is punishable with police penalties. On the other hand, correctional punishment is prescribed for offenses. Any offense punished, in law, with an infamous punishment or afflictive punishment is deemed to be a crime. It is important note that as per Haiti’s Penal Code (General Provisions, Art. 2), persons found guilty of committing crimes that have “been manifested by external acts and followed by a commencement of execution...” will be liable for a punishment “by imprisonment, the duration of which will be proportionate to the gravity of the case.” In accordance with the Penal Code, it is only via a special legal provision where attempted crimes are deemed to be offenses. It should also be noted that no crime, offense, or contravention can be punished under the law if they were committed prior to their pronouncement in law. Military crimes are not captured as per the provisions of Haiti’s Penal Code.
C: Criminal Law
With regard to criminal law, it would be prudent to make specific references to the Haiti Penal Code – specifically with the 1988 amendments. Persons found guilty of committing a crime in Haiti are liable for punishment as spelled out in law. However, in those instances where it is found out that the accused was not of sound mind at the time of committing the crime, no offense or crime will be deemed to have been committed (Article 48). It should also be noted that as per Haiti’s criminal law, except in those instances where it is clearly declared in law, no offense or crime is excusable (Article 49). This also effectively means that except in those circumstances where it has been expressly declared in law, there will be no mitigation of punishment under Haiti criminal law. Article 39 of the Penal Code is clear that those persons found guilty of the same offense or crime are liable for expenses and damages, restitutions, or fines jointly and severally. Except where it has been spelled otherwise in law, those found to have been accomplices in a crime or aided/facilitated a criminal act shall be liable for penalties similar to those dished out to perpetrators of the crime in question (Article 44). Further, according to Article 46, persons found guilty of knowingly concealing items or other properties that are found to be proceeds of crime will be guilty of an offense and their punishment matched with that of the perpetrators of the crime, except where the law otherwise provides. According to Article 40, an individual who commits another crime, after having been convicted of a crime in the first instance, is liable to forced labor for life sentence. It should be noted that such an individual is liable to the very same penalty in those instances whereby the punishment for the second crime committed was forced labor for life.
Haiti’s Penal Code also spells penalties and punishments for individuals who effectively compromise the security (internal and external) of the state either through the commission of activities and actions meant to jeopardize state internal or external security or concealment of the knowledge of such activities and/or conspiracies. When it comes to nondisclosure of key information with regard to conspiracies planned against the state, despite being privy to such information, Article 79 spells out a punishment of a prison sentence not exceeding 5 years. The Penal Code also recognizes crimes against the constitution as well as criminal activities that relate to the exercise of political freedoms.
D: The Criminal Justice System
The Code of Criminal Procedure highlights the relevant standards and procedures in relation to Haiti’s criminal justice system. For this reason, the Criminal Complaints Procedure also cites the criminal complaints and disposal procedure. To begin with, it is important to note that the basis for a complaint in relation to an offense could either be a felony, misdemeanor, or petty offense. Towards this end, a person who happens to be the victim of the crime could either report the same to the office of the Public Prosecutor, Peace Court, or a Police Station. Following the reporting of the crime, law enforcement officers commence investigations and where necessary arrests could be effected. However, it is important to note that except in those instances where individuals are caught in the actual commission of criminal activities, police have to obtain arrest warrants from a court of law prior to effecting any arrest. Once arrested, a suspect has to be produced and preliminary charged in court for the offence within a period of 48 hours. Those arrested for various crimes have the right of access to a lawyer.
It should be noted that the country’s judicial system comprises of two first action courts, i.e. the First Action Tribunal and the Peace Tribunal. While the latter hears cases deemed to be relatively simplistic, the former concerns itself with serious and more complex crimes. With reference to the criminal justice system, the First Action Tribunal comprises of the Criminal Court and the Correctional Court. The focus of the criminal court is very serious crimes such as murder, kidnapping, and drug-related offenses. On the other hand, the Correctional Court concerns itself with less serious crimes that nonetheless also happen to be major, i.e. robbery. Minor offenses are heard and a sentence imposed by the Justice of the Peace which in essence is the police court that is mandated with the disposition of petty or minor offenses. What this means, in effect, is that the action of the investigative judge may not be required when it comes to minor offenses. It is important to note that Haiti’s criminal justice system makes a clear distinction between serious offenses and misdemeanors. In basic terms, misdemeanors attract a 6 month – 3 year sentences; while serious offenses carry a longer jail term of 3 years and above. The decision on whether a case proceeds to trial rests with the prosecutor for misdemeanors that are not presented to the Investigative Judge. When it comes to felonies, the concern is referred to the office of investigation via an indictment by the prosecutor. For crimes considered serious such as murder and kidnapping, it is the investigative judge who makes a determination (upon receipt of the file from the prosecutor) as to whether there are grounds for referral to trial. Thus, in effect, with special reference to offenses deemed serious, the decision on whether a case proceeds to trial or not rests with the investigative judge.
In most instances, a single judge conducts trials. However, trial by jury is mandatory for murder cases. Due to an imbalance of the number of cases filed and the manpower to hear and dispose of the said cases, judicial processes could in some instances be quite lengthy. After one of the courts of first action renders a decision, the criminal justice system provides for appeals to be made where necessary. Appeals are made to the Appellate Court and thereafter, to the highest court in the land – i.e. the Supreme Court. Following the decision of one of the courts of first action, parties dissatisfied by the said decision are given 10 days to file an appeal.
E: Comparisons
Like is the case in the Haiti criminal justice systems, the U.S. criminal justice system comprises of the courts and prisons, defense lawyers, the prosecution, and the courts. However, unlike is the case in the Haiti’s and U.S. criminal justice systems, the judicial system of Saudi Arabia has its basis on sharia. Further, unlike both the U.S. and Haiti’s criminal justice systems, Saudi Arabia’s criminal justice system provides for what could be referred to as severe or extreme punishments. These could include, but they are not limited to, stoning and beheading. Both the U.S. and Haiti’s criminal justice systems provide those arrested for various crimes with access to a lawyer. This is unlike is the case in Saudi Arabia where those arrested for various crimes are not guaranteed access to a lawyer. Also, unlike is the case with the U.S. and Haiti’s criminal justice system, Saudi Arabia permits little (if any) public or press access to trials. Lastly, unlike is the case in Haiti, the U.S. courts are organized at state as well as federal levels.