such person being destitute. The principle also means that no one may be
condemned for an act which did not constitute a crime at the time it was
committed, and that no penalty may be inflicted for an offence for which no
provision was made at the time it was committed.
67. In terms of Article 2(3) of the CRM, “The State shall be subordinate to the
Constitution and founded on the rule of law”. According to the same article, the
exercise of rights, freedoms and guarantees may only be limited in instances
specifically foreseen in the Constitution. These legal restrictions must be of a
general nature and may not be applied retroactively.
68. Under Article 72(1) of the CRM, individual freedoms and guarantees may be
temporarily limited or suspended in the event of an official declaration of a state of
war, state of siege, or state of emergency.
69. In the Republic of Mozambique, the enforcement of criminal law rests on the
nullun crime sine lege principle, which means that no penalty may be inflicted for
an offence for which no provision was made at the time it was committed (Article
60 (1) of the CRM).
70. Furthermore, under Article 59 (1), (2) and (3) of the CRM the nullun crime sine
lege principle means that “in the Republic of Mozambique everyone shall have the
right to security; no one shall be arrested or brought to trial save in terms of the
law; defendants shall enjoy the right to be presumed innocent until a final court or
tribunal decision; no citizen shall be tried more than once for the same offense, nor
shall he or she receive a sentence not foreseen in the law or which is heavier than
the one provided in the law at the time the offense was committed”.
71. This principle also means that in the Republic of Mozambique “no one shall be
sentenced for an act not classified as an offense at the time it was committed
(Article 60 (1) of the CRM); the Criminal Law may be applied retroactively only
in favor of the accused (Article 60 (2) of the CRM)”.
72. The aforementioned principle means that “sentences and measures restricting
freedom either perpetually or over an unlimited or indefinite period shall be
prohibited (Article 61 (1) of the CRM); sentences are personal and shall only be
imposed on an offender (Article 61 (2) of the CRM); and no sentence shall imply
loss of any civic, professional or political rights, nor shall any sentence deprive a
convict of his/her fundamental rights, save the restrictions inherent to the actual
sentencing and the specific requirements while a sentence is being served (Article
61 (3) of the CRM)”.
73. Regarding access to courts, Article 62 (1) of the CRM) provides that “the State
shall guarantee the access of citizens to the courts. It shall guarantee to persons
charged with an offense the right to defense and the right to legal assistance and
aid”.
74. With a view to improving efficacy and efficiency in the provision of justice, a
Legal and Judicial Training Centre (CFJJ) has been established. This State
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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