Century old Penal Code replaced

November 05, 2009 04:19:41 PM

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Fiji’s 100 year old Penal Code is going to be replaced by a new Crimes Act scheduled to come into effect on February 1 next year says Attorney General Aiyaz Sayed-Khaiyum.

At a press conference this afternoon Sayed-Khaiyum said the Crimes Act would bring about some ground breaking provisions in Fiji’s criminal justice system. 

“Essentially it modernises (and) reforms the laws in Fiji, it makes us compliant with many outstanding matters pertaining to our international obligations,” he told the media.

The Act also provides for previously unrecognised crimes against humanity.

“Things like sexual violence, sexual persecution, sexual slavery and forced prostitution etc and we have also specific provisions pertaining to offences of slavery, sexual solitude and deceptive recruiting,” said Sayed-Khaiyum.

“We have (covered) trafficking in persons and children. As you know some international observations have previously said that Fiji was not compliant with various provisions pertaining to international or human trafficking. This will make us compliant with that. We have a new offence of people smuggling and related offences. So these are some of the international offences,” he said.

In addition, said Sayed-Khaiyum, Fiji’s courts would now have extended geographical jurisdictions.

“So if I’m sitting in Australia and offering a bribe to somebody in Fiji previously there were anomalies regarding whether it fell within the jurisdiction of the courts or not. Those anomalies will now be removed,” he added.

People procuring the services of a prostitute can now be charged under the new Act.

Similarly, he said the penalty for desecrating a place of worship had been increased while crimes relating to computer hacking had also been added to the Act.

The provisions under which spouses and de-facto partners are allowed to give evidence against their partners in a court of law, have also been strengthened.

Sayed-Khaiyum said a new sentencing penalties decree will ensure there is consistency in sentencing.

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