THE PENAL CODE OF THE SOMALI DEMOCRATIC
REPUBLIC
INTRODUCTION
 The Somali penal Code applies to the entire republic.
It is divided into three main sections, called “Books.”
 Book I deals with offenses in general;
 Book II deals with crimes; and
 Book III deals with contraventions
 Each book is divided into parts, which in turn are
subdivided into chapters, sections and articles
BOOK I:OFFENSES
IN GENERAL
The word “offenses” is a broad general term and includes
both crimes and contraventions. Crimes and
contraventions are explained later, but briefly a crime
is a serious offense
A “contravention” is a less serious offense, such as
conducting a public performance without a license or
possessing illegal weights and measures.
BOOK ONE
 Book 1 deals with offenses in general, The articles
contained in this book apply to both crimes and
contraventions. The book involves general principles
and is divided into seven parts, covering jurisdiction,
elements of an offense, the offender and the injured
party, punishments, application of punishments,
execution of punishments, and security measures.
PART 1 GENERAL PROVISION
 Article 1 Offenses and punishment to be expressly
provided by law
 No one shall be punished for an act which is not
expressly made an offense by law, or with a
punishment which is not prescribed therefore.
The Penal Code of the Somali
Democratic Republic
 Explanation
 The first article of the penal code establishes the
principle that a person cannot be punished for an act
which is not made an offense according to the law. The
rationale underlying this principle is that persons
should be aware of what behavior is prohibited and
what behavior is allowed. Unless an ac is made an
offense by the penal code or by some other law such as
the public order Law to the Traffic Code, such as an act
is not an offense and the person who committed it
cannot be punished
 The article also provides that the punishment must be
according to the provisions of the law and prescribed
for that particular offense.
EXAMPLE
 X, a Somali citizen living in Mogadishu, is arrested by
a policeman for smoking a cigarette in public on
Friday. The policeman making the arrest believed that
it was an offense to smoke in public on the Sabbath.
No such offense exists under the Penal Code or any
other law of the Republic.
X cannot be punished for the act of smoking in public
on Fridays.
Article 2
 Article 2 Time at which penal laws Take Effect
 No one shall be punished for an act which, in
accordance with the law in force at the time when it
was committed, did not constitute an offense.
 No one shall be punished for an act which, in
accordance with a subsequent law, does not constitute
an offense; and if he has already been convicted and
sentenced, the execution and the penal consequences
of such conviction and sentence shall terminate.
 If the law in force at the time when an offense was
committed and the subsequent law differ, the law shall
be applied the provisions of which are more favorable
to the accused, unless the conviction and sentence
have become final.
 In the case of exceptional or temporary laws, the
provisions of the two proceeding paragraphs shall not
apply.
Explanation
 The main principle embodied in Article 2 of the penal
code is that the penal law may not be applied
retroactively. This is in keeping with the concept that
the law must define what behavior is prohibited and
what behavior is permissible. Article 42 of the
constitution of the Republic states:
 No person may be convicted for an act which was not
punishable as an offense under the law in force at the
time when it was committed; nor may a heavier
punishment be imposed than the one applicable at
that time.
ARTICLE 2
 Article 2 of the Penal Code simply restates this general
principle.
 The article also deals with the various aspects of
retroactivity. Paragraph 1 of the article states that if a
new law is passed making certain behavior an offense,
nobody may be punished for behaving in the way now
prohibited before the law came into force
Article 3 Persons to whom Penal Law is
applicable
Except as otherwise provided by municipal or
international law, the Somali penal law shall be
applicable to all citizens or aliens, who are in the
territory of the State.
2. The Somali penal law shall also be applicable to
citizens or aliens who are outside the territory of the
State, within the limits established by the said law or
by international law.
1.
Explanation
 Article 3 generally describes to whom the Somali penal
law applies. The rule is that the Somali penal law
applies to all citizens and aliens, who are either in the
territory of Somalia or who are outside the Country’s
territory but subject to the penal law nevertheless,
according to the provisions of the penal law or
international law.
 Article 4 defines the words “citizens and aliens” and
what is meant by the territory of the Somali republic
Article 4 Somali Citizen; Territory of the State
1.
For the purpose of the penal law, Somali citizen shall
include
Persons belonging by origin or election to places
subject to the sovereignty of the State, and
Stateless persons residing in the territory of the
state.
a)
b)
2. For the purposes of the penal law, the territory of the
state shall include:
a)
b)
The territory of the republic, and
Every other place subject to the sovereignty of the
State.
 Somali ships and aircraft shall be deemed to be
territory of the State wherever they are, except those
which under international law are subject to foreign
law
Explanation
 According to this article, citizens of Somalia include
those persons who belong to the Republic because of
origin (born in the Republic or of Somali parents).
And those who choose to be Somali citizens.
 “Stateless persons” are those without a country to
claim them as citizens.
 They are deemed Somali citizens for purposes of the
penal law if they reside in the Republic.
 The territory of the Somali state includes the actual
boundaries of the nation.
Article 5 ignorance of the penal
law as an excuse
 No one may allege ignorance of the penal as an excuse
Explanation
 The article states the general rule that persons are
responsible for acting contrary to the penal law, even
though they were not aware of the specific provisions
of the law.
Article 6 Offenses Committed in the Territory of
the state
Whoever commits an offense in the territory of the
state shall be punished according to the Somali penal
law
2. An offense shall be deemed to be committed in the
territory of the State where:1.
a) The act or omission constituting it occurred therein, in
the whole or in part, or where
b) Consequences of the act or omission occurred therein.
Explanation
 All offenses committed within the territory of the
Republic, by either citizens or foreigners, are subject to
the jurisdiction of the Somali penal law
 An offense committed in the territory of the State, first
the entire offense does not have to be committed
within the boundaries of the republic. The Somali
penal law will apply to the offense if only the results of
the act or omission occurred in Somalia.

Example
 if a Somali citizen living on the side of the border town
of Tug Wajaale fires rifle across the
 border, killing a Somali on the Somali side, the
offender has committed a crime under the Somali
Penal Code. The consequences of this act occurred in
Somalia. Conversely, if a Somali on the Somali side of
the de facto border fires his rifle across the boundary
and kills a Somali on the Ethiopian side of Tug
Wajaale, then he too is subject of Somali Penal Code.
His act, occurred in Somalia.
CASE
 STATE v. ABDI DAHIR and 60 OTHERS(Criminal
Appeal No.10 of 1965 ,SOMALI LAW REPORTS {Hargeisa and
Burao regions}1964-65,p. 242}
 This case arose out of tribal fighting among the Arab, Sa’ad Muse,
Eidagalla, and Gadabursi. Abdi Dahir and sixty others were charged
with the offense of AFFRAY under Article 444(2) of the Somali Penal
Code, it took place in Bali Gubadleh area of Somali on the morning of
July 29,1965, in the cause of which many persons were killed and some
66 were injured.according to the police report the fight took place
about one mile inside the Ethiopian border. One of the injured died in
gubadleh and the other died in Hargeisa Hospital
HELD
 The Deputy Attorney General claimed that the
Regional Court had jurisdiction because the death of
these persons ocured on somali territory
 The president of the Regional Court of Hargeisa ruled
that the affray finished when the battle ceased and the
death cannot be considered consiquense of crime of
affray within the maening of article 6(2) of the penal
code. The DAG filed an appeal with the court of
Appeal,Hargeisa. The court of Appeal affirmed the
Judgement of the Regional court.