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 [email protected] Tel: +258 1 496900 – Fax: +258 1 496802 Directors: José Caldeira - [email protected] & Adrian Frey - [email protected] MOZLEGAL is a Project of José Caldeira & Associados - Attorneys & Consultants 18