On August 12, 2016, the Official Gazette of Angola published the Amnesty Law (Law No. 11/16), which was approved by the Angolan Parliament in July. The new statute was approved following the celebration of the 40th anniversary of the independence of the Republic of Angola on November 11th, 2015, when a Presidential Decree (Presidential Decree No. 173/15) was made that pardoned citizens who had been convicted and given sentences of less than 12 years of imprisonment and who had already served at least 6 of those years.
The Amnesty Law extends the aforementioned pardon – without the requisite of partial fulfillment of the penalty – to common crimes punishable with penalties of up to 12 years in prison and military crimes that occurred before November 11, 2015, except for intentional crimes committed with violence that resulted in death. Other crimes not encompassed by the general rule will also benefit from a ¼ reduction in sentence, excluding individuals who have already benefited from the 2015 Presidential Decree.
Crimes involving the use of firearms, drug dealing punishable with penalties of more than 12 years in prison, human and organ trafficking, sexual crimes and crimes related to illegal immigration are also excluded from the amnesty.
Amnesty is granted under a cancellation clause which states that beneficiaries must refrain from committing crimes punishable by more than 1 year in prison for a period of 3 years after receiving amnesty. With regards to property crime, the benefits will only be granted upon compensation for damages, which must be met within 1 year. The granting of benefits does not exclude civil liability nor disciplinary actions resulting from the amnestied or pardoned facts.
It is estimated that approximately 8 thousand people, granted total amnesty or partial pardon of their convictions, will benefit from the Amnesty Law.
Visit us at Tauil & Chequer
Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."
© Copyright 2016. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.
This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
