When two (2) criminal cases with the same subject matter and arising out of one

Question

criminal act are pending before two (2) different Courts, the Court situated in the area
where the offense was committed shall take precedence over the Court situated where
the accused ordinarily resides and this same Court shall take precedence over the
Court where the accused person is arrested.
The rule giving precedence to the place where the crime was committed is based on the
considerations that it is in that place that the public order was disturbed, where the effects of the
crime were suffered, and where the evidence can be easily collected; it is finally the only place to
be attached to the criminal activity when the author could not be known.
The crime can also be linked with the place of the arrest of the offender, but this
carries much interest only if the crime was committed abroad by an offender with a residence
there or if the offender, with no permanent residence, has committed a crime in a territory which
cannot easily be attached to the place of arrest which carries much interest if the perpetrator is
arrested for another cause such that neither the place of domicile nor the place where the crime
was committed could not be known.
In another system, the crime can be linked with the place of domicile or the place of
residence. Indeed, it is from the place of residence or domicile that the offender's criminal
records are well known. This system is also straightforward when the crime was committed in
an unknown place or abroad. Whatever the case, this system carries less advantages than the one
considering the place where the crime was committed.
It should be noted that when several people are jointly charged as principal offenders or
accomplices of one or several offenses arising from the same transaction, the Court with
territorial jurisdiction to try the most severe offenses shall be competent to try the other offenses.
- When a matter is filed in two different Courts with the same jurisdiction, one of the
Courts sends the case to the other per the following rules and orders:
1° A special Court takes precedence over An ordinary Court;
2° An Appellate Court takes precedence over a Court of First instance;
3° A Superior Court takes precedence over an inferior Court;
4° A court that has commenced the Court process takes precedence over the one that has
not yet made a decision on the case;
5° a Court before which the case was filed first takes precedence over other Courts (Law
N°30/2018 of 02/06/2018 determining the jurisdiction of courts).

Answer 1

The principles you've cited outline the rules regarding territorial jurisdiction in criminal cases, particularly regarding priority in cases pending before different courts. Here’s a condensed summary:

1. Precedence to the Location of the Crime:

   • When two similar criminal cases are pending in different courts, the court where the crime was committed takes priority. This is because:
     • It addresses the disturbance of public order.
     • Evidence can be more readily gathered in the location of the crime.
     • Victims are more directly affected in that location.

2. Consideration for Other Jurisdictions:

   • If the crime was committed abroad or in an unknown location without a clear attachment, jurisdiction can also relate to the accused's place of arrest or residence.
   • Although these considerations exist, they are less favorable compared to prioritizing the site of the crime.

3. Joint Offenders:

   • If multiple individuals are involved in offenses stemming from the same actions, the court with jurisdiction over the most severe offense is also competent to try any lesser offenses.

4. Conflicting Jurisdiction Between Courts:

   • When two courts of equal jurisdiction are involved, the following hierarchy determines which court retains precedence:
     1. Special courts over ordinary courts.
     2. Appellate courts over trial courts (courts of first instance).
     3. Superior courts over inferior courts.
     4. Courts that have already initiated a process over those that haven’t.
     5. The court where the case was first filed takes precedence over others.

These rules aim to establish a systematic approach to determining jurisdiction in overlapping criminal cases, ensuring that prosecutions proceed in a manner that is efficient and just.