Fiji Times Online

Fiji Time: 1:11 PM on Saturday 21 November

/ Front page / News

Penal code out, new law in

Mary Johns
Tuesday, November 10, 2009

FIJI'S century old Penal Code has been replaced by the Crimes Promulgation.

The Office of the Attorney-General made the announcement yesterday following Cabinet's decision to pass the Promulgation.

The Promulgation comes into effect in mid-January or early February following training with the judiciary, police, border control, Office of the Director of Public Prosecutions and Fiji Independent Commission Against Corruption.

It is said that the promulgation will bring about consistency in sentencing.

"The Act (Promulgation) brings about some groundbreaking provisions in the criminal justice system in Fiji," an official said.

"Essentially, it modernises the laws in Fiji, reforms the laws in Fiji and makes us compliant with many outstanding matters pertaining to our international obligations.

"These obligations are related to CEDAW, the Convention on the Rights of the Child and the Rome Statute." Under the Promulgation, people procuring the services of a prostitute will be charged, and a victim of domestic violence can apply for a restraining order through the attending police officer via phone.

Among the offences attracting tougher sentences is sacrilege.

The Promulgation includes new offences such as cyber crimes like computer hacking.

Therefore new offences concerned with crimes against humanity like sexual violence, sexual persecution, sexual slavery, forced prostitution etc.

"We have specific provisions pertaining to offences of slavery, sexual servitude and deceptive recruiting.

"We have trafficking in persons and children.

"Some international observations have said that Fiji was not compliant with various provisions pertaining to international human trafficking.

"This will make us compliant with that."

The Promulgation has also extended the geographic jurisdiction of Fiji courts.

"I'm sitting in Australia and offering a bribe to someone in Fiji, previously there were anomalies regarding whether it fell within the jurisdiction of the Fiji courts or not.

"Those anomalies will be removed."

End of story

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