Crime and Criminal Justice in Afghanistan

Crime and Criminal Justice in Afghanistan, in Comparative Criminal Justice: International Trends and Practices (Rowman & Littlefield, 2022 Forthcoming)

25 Pages Posted: 23 Feb 2022

See all articles by Mehdi J. Hakimi

Mehdi J. Hakimi

Stanford Law School

Kobra Moradi

Australian National University, College of Law

Date Written: January 29, 2022

Abstract

Afghanistan has undergone profound transformation over the past two decades. Among other developments, a plethora of legal and institutional reforms have revamped the criminal justice system. As with other jurisdictions, the Afghan system has its own idiosyncrasies and challenges. The country’s legal pluralism and informal justice sector, for instance, present intriguing dynamics and layers of complexity. Notwithstanding the progress made, the Taliban’s recent military takeover has raised the specter of backsliding on the gains of the last twenty years.

This chapter examines key issues regarding crime and criminal justice in Afghanistan. Part I contextualizes the discussion by explaining the country’s pluralistic legal system and core concepts germane to the notion of crime under Afghan law. Part II surveys policing and law enforcement. Part III explores the role of judicial institutions in adjudicating criminal cases. Part IV analyzes the topic of penal sanctions. Finally, Part V discusses the implications of the Taliban’s resurgence on the criminal justice system.

Keywords: Afghanistan, Afghan Law, Criminal Justice, Criminal Law, Crime, Policing, Law Enforcement, Sentencing, Punishment, Corrections, Comparative Law, Legal Reform, Law and Development

Suggested Citation

Hakimi, Mehdi J. and Moradi, Kobra, Crime and Criminal Justice in Afghanistan (January 29, 2022). Crime and Criminal Justice in Afghanistan, in Comparative Criminal Justice: International Trends and Practices (Rowman & Littlefield, 2022 Forthcoming), Available at SSRN: https://ssrn.com/abstract=4020628 or http://dx.doi.org/10.2139/ssrn.4020628

Mehdi J. Hakimi (Contact Author)

Stanford Law School

559 Nathan Abbott Way
Stanford, CA 94305
United States

Kobra Moradi

Australian National University, College of Law

Canberra
Australia

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