Article 63

No proceedings shall be instituted where:

the prosecutor is of the opinion that there is no sufficient evidence that the offence was committed by the accused; or

the prosecution is barred by the time limitations set forth in Article 46 of the Penal Code, or the offence or class of offenders is made the subject of a Presidential amnesty under Article 105 of the Penal Code; or

the accused:

dies;

is under twelve years of age at the time of the alleged offence, provided that the provisions of Article 101 of the Penal Code shall apply to such offenders; or

cannot be prosecuted under any special law or under international treaties or agreements to which Eritrea is a party.

The Attorney General or prosecutor may not refuse to institute proceedings on any other grounds.