Criminal Penalties in Haiti
While you are traveling in Haiti, you are subject to its laws. Foreign laws and legal systems can be vastly different than our own. In some places you may be taken in for questioning if you don’t have your passport with you. In some places, it is illegal to take pictures of certain buildings. In some places driving under the influence could land you immediately in jail. These criminal penalties will vary from country to country. There are also some things that might be legal in the country you visit, but still illegal in the United States, and you can be prosecuted under U.S. law if you buy pirated goods. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. If you break local laws in Haiti, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not where you are going.
Persons violating Haiti's laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Haiti are severe, and convicted offenders can expect long jail sentences and heavy fines. The judicial process in Haiti can be extremely slow; progress is often dependent on considerations not related to the specific case, including personal disputes. Detainees have waited months or years for their cases to be heard before a judge or to have legal decisions acted upon by the authorities. Bond is not usually available to those arrested for serious crimes with the result that often suspects remain in custody for many months before formal indictment. Judges have more or less unfettered freedom to detain individuals for prolonged periods of time without the possibility of release or sanctions.
Based on the Vienna Convention on Consular Relations, bilateral agreements with certain countries, and customary international law, if you are arrested in Haiti, you have the option to request that the police, prison officials, or other authorities alert the U.S. Embassy of your arrest, and to have communications from you forwarded to the U.S. Embassy.
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