The Togolese government is working on a new criminal procedure code

Justice

Wednesday, 01 June 2022 13:30

The Togolese government is working on a new criminal procedure code

(Togo First) - Togo wants to modernize its judicial system by adopting a new code of criminal procedure. A draft bill was adopted to this end on May 30, 2022, during the government’s latest Council of Ministers.

The bill, which contains 1047 articles, aims, according to the government, to modernize the Togolese criminal procedure and tackle “new” challenges like terrorism or maritime piracy. It will also speed up criminal procedures, and enable Togo to meet major international standards regarding individual freedom and protection of the dignity of individuals.

“As part of the vast program to modernize the judiciary, elaborating the new code of criminal procedure is one of the responses to the many challenges of the judicial world and it contributes to improving the efficiency of the judicial system in line with the goals of the first axis of the government’s 2020–2025 roadmap,” reads the Council’s statement.

In detail, the report further notes that the new code aims to bolster the rights of victims, of the defense, organize alternatives to prosecution and pre-trial detention, and establish remedies in criminal matters.

According to Akodah Ayewouadan, Minister in charge of communication and government spokesman, this planned reform will allow the effective introduction of alternatives to imprisonment in criminal affairs—such as community service or the electronic bracelet.

“The innovations are numerous, including the possibility for judges to propose alternatives, not only to prosecution but also to detention. Specifically, instead of detaining someone temporarily or permanently, we can consider solutions such as the electronic bracelet, which allows a person not to be locked up, but still be available for justice,” said the government spokesman.

Ayi Renaud Dossavi

REFORMS OVERVIEW

STARTING A BUSINESS (more info)

At the fifteenth position, worldwide, and first in Africa, under the Starting a Business index of the 2020 Doing Business ranking, Togo sustains its reformative dynamics with more reforms….

ENFORCING CONTRACTS (more info)

Compared to some years ago when it was one of the lowest rankers under the Doing Business’ Enforcing Contracts indicator, Togo, leveraging many efforts to improve its business climate, was able to jump significantly on the index in the recent years... .

CONTRACT EXECUTION (more info)

Creation of special chambers of commerce for small debts • Creation of chambers of commerce at the Court of Appeal • Civil and commercial cases now handled by distinct clerks • Establishment of commercial courts in Lomé and Kara • Lawyers and bailiffs now have access to the FORSETI COMMERCIAL platform • A maximum period of 100 days was fixed to settle a commercial dispute .

TRADING ACROSS BORDERS (more info)

In comparison to previous years,Togo has significantly improved its ranking under the“Trading across borders” indicator by adopting multiple reforms that focus mainly on the digitization and reduction in delays, for import and export procedures related to import and export.

In comparison to previous years, Togo has significantly improved its ranking on the “Trading across borders” index by adopting multiple reforms that focus mainly on the digitalization and reduction in delays, for import and export procedures related to import and export.

CONSTRUCTION PERMIT (more info)

After moving from the 133rd to 127th place under the 2020 Doing Business’ construction permit index, Togo intends to reiterate this feat in the coming edition of the global ranking. To this end, it has introduced this year multiple reforms.

GETTING ELECTRICITY (more info)

Over the past two years, Togo’s ranking under the Doing Business’ Getting electricity and water indicator has increased consistently. Owing this performance to multiple reforms aimed at making it easier for businesses to access power and water, Lomé plans to introduce even more reforms this year to keep up its improvements.

REGISTERING A PROPERTY (more info)

Out of all the 'Doing Business’ indicators, Property Registration is where Togo has improved the most since 2018. Indeed, after spending years in the lowest part of this ranking, the country now seeks to beat Rwanda which is the best performer on this index in Africa. To do so, Lomé has been introducing many reforms, with the latest batch implemented this year.

PUBLIC PROCUREMENT (more info)

From professionalization to digitization, through legislative regulations, Togo’s public procurement framework is constantly being modernized. Several reforms have been implemented to improve the sector much to the benefit of the private sector, which is the focus of the National Development Plan.

PAYING TAXES AND DUTIES (more info)

To improve its business environment, Togo introduced some important reforms related to the payment of tax and duties. From the replacement of some taxes to the cancellation of others through exemptions, the country has only one objective: offer the most attractive tax framework to investors and economic operators. To achieve this, the authorities relied on digitization.