While there is no specific legislation on this, it appears that the police rarely intervene in domestic violence disputes as they see them as "private matters." The victim can be seen by the police to be responsible for the violence and they may be sent back to the abuser. The Ministry for the Protection of the Family and the Woman apparently views domestic violence as a waste of time.
Pursuant to the previous point, there is little involvement of law firms in Cameroon for domestic violence cases. They might be involved in cases of mediation, a tool sometimes used to solve domestic violence cases.
There are specific requirements for types of evidence. Article 308(c) states, "Proof by means of wire tapping, electronic listening devices or other instruments of surveillance is admissible under the conditions laid down in Articles 92 and 245," which are specific provisions that authorize or order such means.
Moreover, Articles 313 and 314 of the Cameroonian Penal Procedure Code establish that the content of documents can only be proved with the primary evidence, meaning the original document (or documents if several copies are made with a mechanical process), except in certain situations in which secondary evidence is accepted (a copy of the original document certified by a competent authority). Secondary evidence is only admitted in the following cases:
- when it is established before the court that the original is in the possession of the adverse party or a third party that refuses to produce the document after a notice is served
- when the existence and the contents of the original are not disputed by the adverse party
- when it is established that the original has been destroyed or lost
- when the original cannot be easily moved
Yes. See Part 3, Chapter II of the Cameroonian Penal Procedure Code, which lists the following affirmative defenses:
- insanity
- intoxication
- infancy
- threats
- compulsion
- obedience to a lawful authority
- lawful defense
- provocation if the answer to the provocation is proportionate
- state of necessity
- effect of diminished responsibility
Yes, as regulated in Article 260 of the Cameroonian Penal Procedure Code. A defendant in whose favor a no-case ruling is made and that has become final may institute an action for false reporting. They may also sue for damages before the competent trial court. In case of a conviction, the costs will be borne by the civil party.
There is no strict definition of consent, but Article 296 of the Cameroonian Penal Code defines "rape" as "sexual intercourse to which a person is compelled, by force or by moral ascendency."
Yes, as regulated in Articles 78 and 84 of the Cameroonian Penal Code. For self-defense, the means of defense need to be proportionate to the seriousness of the infringement threatened. Intentional killing is always considered proportionate to an attack causing a reasonable apprehension of death, of grievous harm, of rape or of sodomy.
As regulated in Article 183 of the Cameroonian Penal Procedure Code, a witness has to take an oath ("I swear to say the truth, all the truth and only the truth"). If this oath is broken, they may be sentenced to between one and five years of prison.
Anyone who is 14 years old or older can testify. Nonetheless, if the minor is the victim, they can be heard as a witness, whatever their age. Defendants can be heard at any stage of the prosecution.
It depends on the charge, but it appears that there are some applicable alternatives depending on each case. The penalty can be doubled or it can become a life sentence, or even the death penalty may apply. For example, Article 350 of the Cameroonian Penal Code provides that for murder, capital murder and assault occasioning death, the penalty when the victim is a child is either a life sentence or the death penalty. In the case of assault occasioning grievous harm, simple harm and slight harm committed on children, the charges will be doubled.