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
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
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
It is estimated that approximately 8 thousand people, granted
total amnesty or partial pardon of their convictions, will benefit
from the Amnesty Law.
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."
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
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In December 2009, a Federal High Court in Asaba, Delta State discharged and acquitted James Onanefe Ibori of all 170 charges of corruption brought by the Economic and Financial Crimes Commission (EFCC).
In all hearings, Prosecutor has to attend and the Court has to consider his request and give their decision.
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