Criminal Law and Criminal Procedure
Core concepts
Criminal law in Angola rests on the principle of legality (nullum crimen sine lege), the non-retroactivity of criminal law except where more favourable to the accused, and the categories of the offence: actus reus, mens rea, unlawfulness, guilt and punishability. Candidates must know the forms of participation (principal, accomplice, instigator), the grounds excluding unlawfulness (self-defence, necessity, lawful authority), and the sanctions (principal penalties, substitute penalties, security measures). Procedure requires knowledge of the phases of the criminal process (investigation, inquiry, trial), the rights of the accused (defence, silence, habeas corpus), and the rules on coercive measures such as pre-trial detention.
Traps
A frequent trap is treating attempted offences as if they were consummated; the penalty is reduced. Another is confusing preventive pre-trial detention with penal imprisonment. Questions also test when evidence obtained illegally is inadmissible, and the difference between flagrante delicto and ordinary detention. Watch for the rule that doubt is resolved in favour of the accused (in dubio pro reo).
Rule of thumb
In any criminal question, check legality, culpability, and proportionality of the sanction in that order. If any element of the offence is missing, the conduct is not punishable.
Worked example
An accused is detained for 90 days without judicial review. Even where the offence is serious, the detention must be validated by a judge within the constitutional and statutory limits; failure renders the detention unlawful and may trigger habeas corpus.