CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE
2. The State shall be responsible for damages caused by the unlawful acts of its
agents, in the performance of their functions, without prejudice to rights of
recourse available under the law.
Article 59
Right to Liberty and to Security
1. In the Republic of Mozambique everyone has the right to security and nobody
shall be detained and put on trial except in accordance with the law.
2. Accused persons shall enjoy a presumption of innocence until final court
judgement has been passed.
3. No citizen shall be tried more than once for the same crime, nor shall a penalty
be imposed that was not provided for, or is heavier than the one that was
applicable, at the time when the criminal offence was committed.
Article 60
Application of Criminal Law
1. Nobody shall be condemned for an act that did not constitute a criminal
offence at the time when it was committed.
2. Criminal law may be applied retroactively only in favour of the accused.
Article 61
Restrictions on Penalties and Security Measures
1. Penalties and security measures that deprive or restrict freedom in perpetuity
or for an unlimited or indefinite period shall be prohibited.
2. Penalties are not transmissible.
3. No penalty shall deprive persons of any of their civil, professional or political
rights, nor shall any penalty deprive a convicted person of his or her fundamental
rights, except insofar as the restrictions are inherent to the conviction and are
specifically necessary for the execution of the sentence.
Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com
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Directors: José Caldeira - [email protected] & Adrian Frey - [email protected]
MOZLEGAL is a Project of José Caldeira & Associados - Attorneys & Consultants
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