Law No.2019/007 of 12 Jully 2019 relating to the penal code

REPUBLIC OF CAMEROON . PEACE- WORK- FAT~ERL.: Â'N'D
-.
LAW N 2 0 1 6 / 0 0 1 OF 1 2 JUIL 2016
0·-------------------------- ----------------
RELATING TO THE PENAL CODE
:>oc.;:,:-,::r-lCc o:: LA REPUBLiQUE
' "-~·SECRI:IARÏAT GENEPA L
SE?- '/'C~- ' ' ~( > iiFK LF·:;,S LXï :;' ET .<:.::• Et--lill · E
, 'c·oPlE êé~:!iF I EE coNl ~E
The Parliament deliberated and ·
adopted, the President of the
Republic hereby enacts the law set
out be/ow:

--lill · E
, 'c·oPlE êé~:!iF I EE coNl ~E
The Parliament deliberated and ·
adopted, the President of the
Republic hereby enacts the law set
out be/ow:

PA.RT 1
BOOKI
CRIMINAL LAW
APPLICATION OF CRIMINAL LAYJ
CHAPTERI
PRELIMINARY PROVISIONS
SECTION 1: Content
The penal code is composed of:
a) book 1 comprising Sections 1 to 101;
b) book Il comprising Sections 102 to 361;
c) the decree relating to regulatory provisions of the Penal Code which
define offences, comprising Sections 362 to 370;
d) sections 371 and 372, which lay down the transitional and final
provisions. SECTION 1-1: No exemption
Ali persans shall be subject to the criminallaw. SECTION 2: General and special application
(1) This Code and every provision of cri minai law shall be subject to the
rules of international law and to ali treaties duly promulgated and published. (2) Book 1 of this Code shall govern ali ether criminallaw, unless special
. provision has been made, even before the entry into force of this book,
concerning particularly the exclusion of suspension and the exclusion or
limitation of mitigating circumstances by a law or by regulations possessing
force of law. This Subsection shall apply actively from the 1st October 1966
inclüsive. (3) Any other general provision shall be subject to any special provision
on the same matter, save as otherwise provided.

1st October 1966
inclüsive. (3) Any other general provision shall be subject to any special provision
on the same matter, save as otherwise provided.

2

2

gj APTER __&:
APPUCA T IOB\1 OF CRiMH~A L LA V !N TI M ~
SECT~O N 3: No retrospection
No criminal law shall apply tc acts or omissions committed before its
coming into force or in respect of which judgment has not been delivered
before its repeal or expiry. SECTION 4: Less severe l aw
(1) A new provision of criminal law shall, if less severe, apply to any
offence in respect of which judgment has not been delivered before its
coming into force
(2) Where the new provision is more severe, the old law shall continue
·to apply to offences committed before its co ming into force. SECTION 5: New preventive measure
A new law authorizing a preventive measure shall apply · to any case
where judgment has not become final before its coming into force. SECTION 6 : Abolition of offence, penalty or measure
Any penalty or preventive measure shall cease to be enforceable:
a) from the moment when the act or omission in respect of which it was
imposed is no longer an offence ;
b) on the abolition of the penalty or measure generally. CHAPTER Ill:
APPLICATION IN S
SECTION 7: Offence within Territory
(1) The cri minai law of the Republic shall apply to any act done or
omitted within its territory.

PPLICATION IN S
SECTION 7: Offence within Territory
(1) The cri minai law of the Republic shall apply to any act done or
omitted within its territory.

(2) The territory of the Republic shall include its territorial waters and
the airspace above the said territory and waters, and ali vessels and aircrafts
registered in the Republic. 3

shall include its territorial waters and
the airspace above the said territory and waters, and ali vessels and aircrafts
registered in the Republic. 3

Pro vided th at no member of the crew of a foreign vessel or aircraft may
be tried for an offence co mmitt ed against another member of the same crew
on board that ves se! or aircraft, though within the territorial waters or airspace
of the Republic, unless the assistance of the local authorities shall have been
invoked or public arder shall have been disturbed . SECTION 8: Offence Partly or Wholly Abroad
The criminai law of the Republic shall apply:
a) to any offence of which any ingredient has taken place within its
territory ;
b) to any offence against the security of the State or of counterfeiting
the Great Seal or the current money of the State wherever
committed. Provided that no foreigner may be tried for an offence to which the law
of the Republic applies solely by virtue of this Subsection unless he has been
arrested within the territory of the Republic or has been extradited to it.

he Republic applies solely by virtue of this Subsection unless he has been
arrested within the territory of the Republic or has been extradited to it.

SECTION 9: Abetment, Conspiracy, Attempt
The cri minai law of the Republic shall apply:
L.:::::::::::=::=:::::::::::::::::::::=::.-J
a) to any act or omission within its territory constituting abetment,
conspiracy or attempt with a view to an offence without that
territory, provided that the said offence be also punishable by the
law of the place of commission ;
b) to any su ch act or omission without its territory with a view to an
offence within that territory. SECTION 10: Offence Abroad by Citizen or Resident
(1) The cri minai law of the Republic shall apply to any acter omission
abroad by a citizen or resident, which is punishable by the law of the place of
commission and is defined as a felony or as a misdemeanour by the law of
the Republic. Provided that the sentence passed may not be more severe than that
provided by the foreign law. (2) No citizen or resident may be tried for a misdemeanor against a
private party to which the law of the Republic applies solely by virtue of this
Section except at the instance of .the au thority controlling prosecution after
4

ty to which the law of the Republic applies solely by virtue of this
Section except at the instance of .the au thority controlling prosecution after
4

private co rnplaint or after o·fficia! request to the Govemment "A the Republic
by the Government of the place of commissi or; . SECTION 11: Inter national Offences
The criminal law of the Republic shall apply ta mercenary, racial
discrimination, piracy, trafficking in persans, slave trade, slavery, trafficking in
narcotics, trafficking in taxie wastes, money laundering , cyber criminality,
corruption and offences of misappropriation of public property committed
even outside the territory of the Republic. Provided that, no foreigner may be tried in the Republic for such an
offence committed abroad unless he has been arrested in the Republic and
has not been extradited, and except at the instance of the authority controlling
prosecution. SECTION 12: General Jurisdiction
Subject to the exceptions contained in this chapter, the Courts of the
Republic shall have jurisdiction to try any offence to which its criminal law is
applicable. CHAPTER IV
FOREIGN CRIMINAL LAW AND JUDGMENTS
SECTION 13: Exclusion of Foreign Law
Subject to Sections 9 and 10 of this Code and to this chapter, no foreign
cri minai law shall have any effect in the courts of the Republic.

reign Law
Subject to Sections 9 and 10 of this Code and to this chapter, no foreign
cri minai law shall have any effect in the courts of the Republic.

SECTION 14: Foreign Judgments
No foreign cri minai judgment against any persan shall have effect within
the territory of the Republic unless:
- the act or omission in question is defined by the law of the Republic
as a felony or misdemeanour under the ordinary law ; . - the regularity of the judgment, its finality, and its conformity with the
public policy of the Republic shall have been ascertained either by
the Court trying the persan in question or by the Court of Appeal of
his residence at the instance of the authority controlling prosecution. 5

ther by
the Court trying the persan in question or by the Court of Appeal of
his residence at the instance of the authority controlling prosecution. 5

SECTIO t>J 15: Effe ct of Foreign Cr ~mi n a! Judgrfûen ~·
Such judgment s hal l:
- be ta ken into consideration as a pre vi ous conviction for the purposes
of a gg ravation of sentenc e, of preven tive confinement, of suspension
of sentence or revocation of such suspension, of revocation of
re lease on li cence, of rehab if itation, and of amnest y;
- found a good plea in the courts of th e Repub li c convict or acquit,
provided that in th e case of conviction the accused shall have served
his sentence or satisfied it by prescription or pardon. SECTION 16: Execution of Foreign Judgment
(1) Any such judgment as is contemplated by Section 14 and has been
ascertained to conform to that Section, if passed against a citizen or against a
· resident, and not enforced elsewhere, shall be capable of enforcement within
the territory of the Republic, unless enforcement shall have been barred by
release on licence, pardon, amnesty or prescription. (2) Enforcement shall require the arder of the court contemplated by
Section 14, which may also, in a fit case, impose the preventive measures
attracted according to the law of the Republic by the offence in question.

y
Section 14, which may also, in a fit case, impose the preventive measures
attracted according to the law of the Republic by the offence in question.

PART Il
PUNISHMENT AND PREVENTION
CHAPTER 1
PRELIMINARY PROVISIONS
SECTION 17: Penalties and Offences to be prescribed
No penalty or measure may be imposed unless provided by law, and
except in respect of an offence lawfully defined. SECTION 18: Principal penalties
The following are principal penalties:
a) for natural persans:
- death penalty ;
- imprisonment ;
- fine. 6

y defined. SECTION 18: Principal penalties
The following are principal penalties:
a) for natural persans:
- death penalty ;
- imprisonment ;
- fine. 6

b) for corporate bodies:
- dissolution ;
- tempora ry or final clos ure ;
- fine.
SECTION 18-1 : Alternative Penalties
The following are al ternative penal ti es:
- community service ;
- reparatory sentence.
SECTION 19: Accessory penalties:
The following are accessory penalties:
a) for natural persans:
- forfeiture ;
- publication of the judgment ;
- closure of an establishment ;
- confiscation.
b) for corporate bodies:
::.:;.; ; S: JêNCE DE LA REPUBLIQUE
- ban, for a specified period of time, on the direct or indirect exercise
of any or ali of its activities ;
- placement under judicial supervision for a specified period of ti me ;
- clos ure, for a specified period of ti me, of establishments or branches
having served in the commission of offences ;
- publication or media broadcast of the judgment ;
any other accessory penalties provided for by special instruments.
SECTION 20: Preventive measures
The following are preventive measures:
a) for natural persans:
- ban on exercise of activity ;
7

special instruments.
SECTION 20: Preventive measures
The following are preventive measures:
a) for natural persans:
- ban on exercise of activity ;
7

preventive confinement :
- post-penal supervision and assistance ;
- confinement in a special health institution ;
- confiscation . b) for corporate bodies:
- ban on exercise of activity for a specified period of ti me ;
- confiscation ;
- placement under judicial supervision, for a specified period of ti me. SECTION 21: Classification of Offences
(1) Offences shall be classified as felonies, misdemeanours and simple
· offences according to the principal penalties provided for them, as follows:
- a felony shall mean an offence punishable with death or with loss of
liberty for a maximum of more than 10 (ten) years and fine where the
law so provides ; ·
- a misdemeanour shall mean an offence punishable with loss of
liberty or with fine, where the loss of liberty may be for more than 10
(ten) days but not for more than 10 (ten) years, and the fine more
than CFAF 25 000 (twenty-five thousand);
- a simple offence shall mean an offence punishable with
imprisonment for up to 10 (ten) da ys or with fine of up to CFAF25
000 (twenty-five thousand).

a simple offence shall mean an offence punishable with
imprisonment for up to 10 (ten) da ys or with fine of up to CFAF25
000 (twenty-five thousand).

·
{2) The nature of the offence shall not be affected by:
- modification of the penalty imposed by reason of an excuse or of
mitigating circumstances;
- aggravation of the penalty imposed under Sections 88 or 89 of this
. Code. -
8

enalty imposed by reason of an excuse or of
mitigating circumstances;
- aggravation of the penalty imposed under Sections 88 or 89 of this
. Code. -
8

CHAP TERJ! PRINCIPAL PENALTIES
A - DEA TH
SECTION 22: Conditions Precedent to Execution
( 1) Every sentence of death sha ll be submitted to the President of the
Republic for his decision on commutation. (2) No death sentence may be executed until the President shall have
signified his decision not to commute. (3) No woman with child may be executed until after her delivery. (4) No execution may take place on Sunday or on a public holiday. SECTION 23: Execution
( 1) _Execution of a death sentence shall be by shooting or hanging as
may be ordered by the judgment and shall be public unless otherwise ordered
in the decision not to commute. (2) The bodies of persons executed shall be returned to their families at
their request, but on condition of a quiet funeral. (3) Nothing may be published by the press beyond the official record of
the execution and any official communiqué that may be released. (4) The detailed application of this Section shall be prescribed by
decree. -.,:.

d of
the execution and any official communiqué that may be released. (4) The detailed application of this Section shall be prescribed by
decree. -.,:.

;::~~ ; )~o'-iCE DE LA REPUBLIQUE
B - IMPRISONMEN
SECTION 24: lmprisonment
-lmprisonment shall mean loss of liberty during which the offender shall
be obliged to work, subject to any contrary order of the court for reasons to be
recorded in the judgment. -
SECTION 25: Prisoner's fund
(1 )The proc_eeds of every prisoner's work shall be allocated as follows:
- 1/3 to the Treasury ;
9

ded in the judgment. -
SECTION 25: Prisoner's fund
(1 )The proc_eeds of every prisoner's work shall be allocated as follows:
- 1/3 to the Treasury ;
9

- 2/3 to the bui!ding up of a reserve funrl for t.he pr:soner
(2) The conditions governing the implementation of thîs Section,
particularly those with regard ta the management of the fund, sh a ll be laid
dawn by regulation . C- FINE
SECTION 25-1: Fine
(1) Fine shall mean a financial penalty by virtue of whi ch a convict,
natural persan or corporate body, pays an amount of money, specified by
Law, into the Public Treasury. (2) The maximum amount of fine applicable to corporate bodies shall be
five times that provided for natural persans. (3) Where a corporate body is guilty of an offence punishable with
imprisonment only, the fine to be paid shall be from CFAF 1 000 000 (one
million) to CFAF 500 000 000 (five hundred million). ·--- - - - -~ ---- -
. j :-:-:-:_-:;;: ,. ~ED E LA REPUBUO U
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. , • $EC:<êiAR IAI GENEP ,., ENI lftE
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D - DISSOLLUTION SE ,:'/, c:é; :·2~~;1\FIEE co ~E
·- :. SECTION 25-2: Dissolution ;;J
(1) Dissolution shall mean capital punishment which may be passed
against corporate bodies.

:é; :·2~~;1\FIEE co ~E
·- :. SECTION 25-2: Dissolution ;;J
(1) Dissolution shall mean capital punishment which may be passed
against corporate bodies.

(2) A judgment on dissolution may be passed against a corporate body
that has acted in violation of its abject clause. (3) The judgment on the dissolution of a corporate body shall refer such
corporate body to the competent court for winding up at the instance of the
Legal Department. E - CLOSURE OF AN ESTA B LISHMENT
. SECTION 25-3: Clos ure of an establishmen t
The penalty of closure of an establishment shall mean the temporary or
final closure of an establishment considered to be a corporate body. 10

shmen t
The penalty of closure of an establishment shall mean the temporary or
final closure of an establishment considered to be a corporate body. 10

Such penalty shall prohibit the accused corporate bo dy from carrymg
out the activity through which the offence was comrnitte d. Su ch temporary clos ure may not exceed 5 (five) years and may not be
suspended. F - ALTERNATIVE PENALTIES
SECTION 26: Communi ty service
(1) Community service shall be a sentence passed for offences
punishable with imprisonment of less than two years or with fine only. Such
sentence shall be executed for the benefit of a public corporation, a private
corporation charged with a public service mission or an association entrusted
with performing a community service. (2) The sentence provided un der Sub-section (1) above shall be passed
by the trial court in lieu of imprisonment or fine, after ruling on the plea of
guilty with the prior consent of the accused persan. (3) The court shall fix the period of community service which shall not
be less than two hundred hours or more than 240 (two hundred and forty)
hours and shall not be suspended. (4) Community service shall be free of charge.

less than two hundred hours or more than 240 (two hundred and forty)
hours and shall not be suspended. (4) Community service shall be free of charge.

(5) The judgment shall state the period of imprisonment that may be
served by the offender in case of non-performance of community service;
such a period of imprisonment shall not be suspended. ,..-----------
PRESIDENCE DE LA REPUBLIQUE
• _E_iS: RETARIAT (iENERA L
(6) Community service shall be laid dawn by a se attata:t m ~ ~ un:n:ent iF ETREGLEM
COP IE CER TI FIEE CONFO · E
SECTION 26 -1: Reparatory sentence
( 1) Reparatory sentence shall mean a sentence passed for offences
punishable with imprisonment for not more th an 2 (two) years or with fine
only. lt entails the obligation, for the offender, to indemnify the victim within
the period and under the conditions laid dawn by the court. (2) The sentence provided under Sub-section 1 above shall be
pronounced by the trial court in lieu of imprisonment or fine after ruling on the
plea of guilty and such sentence may not be suspended. 11

e shall be
pronounced by the trial court in lieu of imprisonment or fine after ruling on the
plea of guilty and such sentence may not be suspended. 11

(3) Th e j ud gment shall state the period of imprîsonment that may be
served by the offender in case· o'f non-performance of the reparatory
sentence. SECTION 26-2: Application ofalternat ive p enalties
T he conditions governing the application of alternative penalties shall
be laid down by a separate instrument. SECTION 26-3: Persons excluded from alternative penalties
The alternative penalties provided for in Sections 26 and 26-1 above
shall not apply to persans who violats the law on arms, those who commit
sexual offences and those who cause bodily injury as specified in this Code. G - LOSS OF LIBERTY, COMMON PROVISIONS
SECTION 27: Commencement of sentence
(1) Where the offender has not been remanded in custody or where no
arrest or imprisonment warrant is issued against him at the time of judgment
in the circumstances authorized by the Criminal Procedure Code, no
sentence of Joss of liberty may be enforced until it has become final. (2) No woman who is with child or who has been recently delivered may
begin to serve her sentence until six weeks after delivery.

it has become final. (2) No woman who is with child or who has been recently delivered may
begin to serve her sentence until six weeks after delivery.

(3) A woman with child already remanded in custody shall continue to
benefit from the regime of remand in custody until the expiry of the period
· referred to in Subsection 2 above. (4) Where a husband and wife have been sentenced for the same or
different offences to imprisonment for Jess than a year, and are not in custody
at the time of sentence, and show that they have a fixed common residence
and a child under the age of 18 (eighteen) supported by them and in their
charge, the sentence on one may be suspended until expiry of the sentence
on the other. SECTION 28: Calculation of Sentence
rR=S:ùëNCE DE LA REPUBLIQUE
SECR8AR IAT GENERAL
SERV !C O: :JU r iCH IE RLEG !SLAiif ET REG LE
COPIE CER TiFIEE CONFO
(1) ln a sentence of Joss of liberty expressed in ays, each day sh Il
mean 24 (twenty-four) hours. c:=:===~===:::::::.J
(2) Sentence of one month shall mean 30 (thirty) days. 12

f liberty expressed in ays, each day sh Il
mean 24 (twenty-four) hours. c:=:===~===:::::::.J
(2) Sentence of one month shall mean 30 (thirty) days. 12

,:3) Sentence expressea 1n months or years shaîl be reckoned 'rJY
calendar date. (4) Subject to Section 53, the duration of the sentence sha ll inc!ude and
run from:
a) the day on which the offender was taken into custody under that
sentence;
b) in a case of concurrent sentences passed on different dates, the
day on which he was first taken into custody under any such
sentence. (5) ln case of escape, the period of unlawful liberty shall not be counted
in the du ration of the sentence. SECTION 29: Separation of Minors
An offender under the age of 18 (eighteen) shall serve his sentence in a
special establishment, or, failing such establishment, shall be separated from
offenders over that age.

of 18 (eighteen) shall serve his sentence in a
special establishment, or, failing such establishment, shall be separated from
offenders over that age.

SECTION 30: Definition
CHAPTER Ill
ACCESSORY PENALTIES
A - FORFEITURES
The forfeitures applicable under this Code shall be the following:
(1 )removal and exclusion from any public service, employment or office
(2) incapacity to be a jurer, assessor, expert referee or sworn expert ;
(3) incapacity to be guardian, curator, deputy guardian or committee,
save of the offender's own children, or member of a family cou neil ;
(4) prohibition on wearing any decoration ;
(5) prohibition on serving in the armed forces ;
(6) prohibition on keeping a school, on teaching in any educational
establishment, and in general on holding any post connected with
the education or care of children. 13

eeping a school, on teaching in any educational
establishment, and in general on holding any post connected with
the education or care of children. 13

.SECTI ON 31 : VVhere applica ble
(1) A life sentence shall carry with it for iife the forfeitures prescribed by
the last preceding Section . (2) Any ether sentence for felony shall carry with it the sa me forfaitures
for the du ration of the sentence and for the 10 (ten) years foll owing its expi ry
or release on licence unrevoked. (3) T he tr i al court may in any case cove red by the last preceding
· subsection, for reasons to be recorded in the judgment, relieve from one or
more of the sa id forfaitures, or reduce their du ration to not less than 2 (two)
years. (4) To a sentence for misdemeanour, and where so authorized by law
the competent court may, for reasons to be recorded in the judgment, add, for
not more th an 5 (five) years, one or more of the forfaitures prescribed by the
last preceding Section. SECTION 32: Forfaitures and judgment in default
Where judgment is passed in default, any forfeiture shall take effect as
from the date of publication of the notices prescribed by the Criminal
Procedure Code.

gment is passed in default, any forfeiture shall take effect as
from the date of publication of the notices prescribed by the Criminal
Procedure Code.

8 - OTHER ACCESSORY PENALTIES
SECTION 33: Publication of judgment
(1) Where the competent court may order publication of its judgment, it
shall be posted in manner to be prescribed by decree for up to 2 (two) months
in the case of felony or misdemeanour or (15) fifteen days for a simple
offence. (2) ln such case, the competent court may arder publication of its
judgment in such media as it may indicate. ·
(3) Any su ch publication shall be at the expense of the convict. (4) Posting may be limited to the operative part of the judgment. (5) The provisions under Sub-sections 1, 2, 3 and 4 above shall also
apply to corporate bodies. 14
?:<:~:::Jë NCE DE LA REPUBLIQUE
::~CKCTr R I AT GEN ERAL
SE:çv .: · ~ ' · :> i' >: L:·.:;:SLAiif ET REGL EN E
C O?,ê C~~;ï,FI E E CONF ME

e bodies. 14
?:<:~:::Jë NCE DE LA REPUBLIQUE
::~CKCTr R I AT GEN ERAL
SE:çv .: · ~ ' · :> i' >: L:·.:;:SLAiif ET REGL EN E
C O?,ê C~~;ï,FI E E CONF ME

(6) Informati on thmugh pr in t media, ra dio and television or .·1v ln·'·ernet
as weil as fair com ments shaH be allowed. SECTION 34 : Closure of E stablishment
Where the competent court orders the cl osure of a business or
industrial establishment, or of any premises devoted to gainful activity, which
was used for the commission of an offence, such closure shall imply a ban on
the exercise of the same business or industry or activity in the same
premises, whether by the offended or by any ether to whom he may sell,
transfer or let the establishment or premises. SECTION 34-1: Placement under judicial supervision
(1) The sentence of placement under court supervision shall be
applicable to corporate bodies found criminally liable and shall consist in the
appointment of a judicial representative whose control mission and period
thereof shall be prescribed by the Court. (2) The mission referred to under sub-section 1 above shall concern
only the activity in respect of which the offence was committed. (3) The judicial representative referred to in subsection 1 above shall
render account of his mission as regularly as necessary to the competent
· State Counsel.

icial representative referred to in subsection 1 above shall
render account of his mission as regularly as necessary to the competent
· State Counsel.

(4) At the end of the judicial representative's mission and based on his
report, the competent State Counsel shall seise the Court that ruled on the
. placement under court supervision, for the corporate body to be relieved of
the measure. SECTION 35: Confiscation of "corpus delicti"
(1) On conviction for any felony or misdemeanour, the competent court
may arder confiscation of any property, moveable or immoveable, belonging
to the offender and attached, which was used as an instrument of its
commission, oris the proceeds of the offence. (2) Such confiscation may not be ordered on conviction for a simple
offence unless specially authorized by law. 15
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S~C~êiARIAT GENERAL
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S~C~êiARIAT GENERAL
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CHAPTERiV
Pf~EVENTIVE MEASURES
A~ BANNED OCCUPATION
SECTION 36: Banned Occupation
(1) Upon conviction for a felony or misdemeanour under the ordinary
law, the court may, for reasons to be recorded in the judgment, forbid the
convict from continuing to follow any occupation found to stand in a direct
relation to the offence, and his continuation in which would give grave reason
to apprehenda repetition. (2) Subject to any contrary provision of law, the ban may not be for less
th an a year nor for more th an 5 (five) years, after completion of service of the
principal sentence. (3) For corporate bodies, the ban referred to in Sub-sections (1) and (2)
above shall correspond to prohibition, for a specified period, from directly or
· indirectly undertaking one or severa! activities contained in its purpose. (4) ln case of subsequent conviction under the conditions provided for
in Sub-section (1) above and Section 88 of this Code for felony or
misdemeanour, the ban shall be for life. ---------·----.,
B- PREVENTIVE CONFINE
SECTION 37: Definition
PR:3;J ëN CE DE LA REPUBLIQU E
SECRETARIAT GENERAL
JiiN:T)U FICHiER LEGiSLATIF ET REGLE T 1 E
COP 1Ec:;:mFIEE CONF .. ..

ONFINE
SECTION 37: Definition
PR:3;J ëN CE DE LA REPUBLIQU E
SECRETARIAT GENERAL
JiiN:T)U FICHiER LEGiSLATIF ET REGLE T 1 E
COP 1Ec:;:mFIEE CONF .. ..

ME
(1} Preventive confinement shall mean confinement for from 5 (five) to
20 (twenty) years under a programme of work and social reformation, during
which the offender shall, in default of a separate establishment, be confined
separately from convicts serving a sentence of imprisonment. (2) The internai working of the establishment, the programme for the
in mates, the details of their work, and the manner of their reformation shall be
prescribed by decree. SECTION 38: Offenders not liable
No sentence of preventive confinement may be passed on a persan
who would be aged less than 25 (twenty-five) or more than 60 (sixty) years at
the expiry of his principal sentence
16

nement may be passed on a persan
who would be aged less than 25 (twenty-five) or more than 60 (sixty) years at
the expiry of his principal sentence
16

(1) Sentence of preventive confinemen t may be passed on any offender
su bject to Section 88 of this Code by reason of the following convictions,
including that accompanying the sentenc e, with in the spa ce of 10 (ten) years
exclusive of any sentence served and any preventive measure invo!ving
perso na! restraint: . a) two (2) convictions for felony punished with imprisonment or with death
co mmuted first into imprisonment ; or
b) one su ch conviction for felony and two for misdemeanour, each
punished with more th an 1 (one) year of imprisonment ;
c) four (4) convictions for misdemeanour, each punished with more than 1
(one) year of imprisonment. (2) The said space of 10 (ten) years shall be counted back from the
date of the latest relevant offence. (3) To be counted for the purpose of preventive confinement a
conviction must have become final and must have been for an offence
committed after the preceding conviction to be counted has become final. (4) Previous convictions the sentences which have been commuted,
pardoned or remitted shall be taken into account. (5) Previous convictions expunged by rehabilitation or by amnesty shall
not be taken into account.

,
pardoned or remitted shall be taken into account. (5) Previous convictions expunged by rehabilitation or by amnesty shall
not be taken into account.

(6) Previous convictions for offences committed by persans under the
age of 18 (eighteen) shall not be taken into account. C- POST-PENAL SUPERVISION AND ASSISTANCE
SECTION 40: Definition and Duration
(1) Every offender sentenced to loss of liberty for more than a year may
on conviction, where the circumstances warrant and for reasons to be
recorded in the judgment, be subjected by the court for up to 5 (five) years to
post-penal supervision and assistance, consisting of general obligations and,
in a fit case, of added special obligations. 17

up to 5 (five) years to
post-penal supervision and assistance, consisting of general obligations and,
in a fit case, of added special obligations. 17

{ 2) Th e offe nd er's ':,ornG !i ance \lttith , .;s ob iigations shaH OE'
<' i ;pt:. s·=·- ,j..::s,rl ·r{ Qd by ~ M ~g:c. t r a t .: · .-,,-. : y, · n ~torl ; ,"'\ +h;.:l ·: : ""' ~ ;-::l! 1 -f 1•i( +h th P. a.;;.:sl·<;;:'<-ar:r : ~ ...,~~\.A ~ ~n it ~ V. 'C .. Ci Q.! 'f< ~.\;)t. \..~ 'd -IH 4 . Q!..V'l..-': H . :..1 ~~ ... .....,.ç ,(,{,. ~., d.. . d ...,l -.....dl V ..., .• "'... . ·
salaried or honorary supervisors . Provided th at where the conviction is for felon y or the offender was sentenced
under Section 88 of this Code for misdemeanour, his comp!iance sha ll be
supe rin tended by the police. (3) The detailed application of this Section shall be prescribed by
decree. - - - --- ... SECTION 41: General Obligation
ë' R :: ~ : ) ê i'JC E DE Lf, REPUB LI QUE
SEC RETARI AT GENE RAL
SERViC:':: ·.; ::: c: - : :E~ LE GISLAii F ET ~EGLE
C OP!l: C t::·.: Tii=iE ECONF ,E
The obligations to which the offender shall a lw ys_p e subject shall be·
1. to establish his residence in a given place ;
2. to appear when called by the authority in charge of supervision and
assistance ;
3.

ject shall be·
1. to establish his residence in a given place ;
2. to appear when called by the authority in charge of supervision and
assistance ;
3.

to receive visits from the superviser and give him ali information and
pa pers useful for the verification of his means of support ;
4. to inform the superviser in advance, and explain the reasons to him, of
any change of employment or residence ;
5. to inform the superviser in advance of any absence of over 15 (fifteen)
days, and inform him of his return ;
6. to obtain the previous permission of the authority in charge before any
departure abroad. SECTION 42: Special Obligations
ln addition to the general obligations prescribed by the last preceding
Section, the Court may impose upon the offender any one or more of the
following special obligations:
1. to take up residence in one or more specified places ;
2. not to be present without special and temporary permission in
specified places ;
3. to remain in employment or follow a course of instruction or
vocational training ;
4. to submit to measures of control or of treatment, including treatment
in hospital, and in particular with a view to curing an addiction to
alcohol or drugs ;
18

to measures of control or of treatment, including treatment
in hospital, and in particular with a view to curing an addiction to
alcohol or drugs ;
18

5. .o contribute to the famiiy exper ~ ses, ,,, ü"· pay regularly any
maintenance due from him ;
6. to compensate any da ma ge caused by tl1is o"ffence ;
7. not to drive any class of motor vehicle, defined in terms of the
classification in force for the purpose of driving licences ;
8. to avoid specified places, such as ba rs, race-courses, gaming-
houses ;
9. not to wager;
1O. to abstain from undue consumption of alcohol ;
11. to avoid the company of specified offenders, in particular his co-
offenders of the accessories to the offence ;
12. not to receive or Iodge at his residence specified persans. ?.'6iJENC EDE LA RE PUB L'Q UE
D- HEAL TH INSTITU 1 N .. . _.. : :: : .x::: ·ARI ATG ENER At '
J ~ • • ' - ~ ~ . ! ::' · =xu::.:; :stAïiF EfRc ··:·EM
c r · - · ~ - ..... .... 1..\,;';l J
.; .-..:. C c. : •,; :iEE CONFO E
SECTION 43: Insane Persons -
( 1) Upon acquittai for insanity on a charge of felony or misdemeanour
punishable with 2 (two) years imprisonment or more and where the liberty of
the accused shall have been found by the court to be a public danger, the
court shall arder his confinement in a special institution.

e the liberty of
the accused shall have been found by the court to be a public danger, the
court shall arder his confinement in a special institution.

(2) Such confinement may be terminated only by the same court upon
evidence by the competent medical authority that the liberty of the confined
persan is no longer a public danger. SECTION 44: Addict or partially insane
(1) Where an addict to alcohol or drugs, or a persan suffering from
mental sickness is convicted of a felony or misdemeanor punishable with 2
(two) ·years imprisonment or more and related to his addiction or mental
condition, and where his liberty shall have been found to be a public danger,
. the competent court may arder his confinement in a special health institution. (2) Such confinement shall not exceed 2 (two) years in the case of an
addict to alcohol or drugs, nor 5 (five) years in the case of the mentally sick. (2)Such confinement may be earlier terminated by the court upon
evidence by the competent medical authority that the liberty of the
confined persan is no longer a public danger. 19

lier terminated by the court upon
evidence by the competent medical authority that the liberty of the
confined persan is no longer a public danger. 19

SEC TI ON 45: Conf isc at ion
The confiscat ion of anything whose manufacture, custody, sale or u se
is unlawful shall be ordered even if not belonging to the offender, and even if
.the prosecution does no t result in conviction . CHAPTERV
RECOGNIZANC
SECTION 46: Where applicable
r----··----------.,
? ~~5 i DêNCE DE LA REPUB Li QUE
SECRETAR lAi GENE RAL
SER 'II Ce :)U F I CHIE~ LEG ISLA ïif ff REC:LEME ·- • E
COPIE CERTIFIEE CONFO
(1) Any persan who by his conduct or by his utterances shall have
exhibited an unambiguous intention to commit an offence which may disturb
the public peace may be required by the President of the District Court to
enter into a recognizance with or without solvent sureties in such sum as may
be therein fixed to refrain from commission of any offence of the like nature
for the du ration of the period therein specified. (2) The sum shall be fixed having regard to the resources of the persan
bound over. SECTION 47: Period
Where the persan required tc enter into the recognizance is a habituai
offender, the period of the recognizance may extend to 3 (three) years, but
. shall not otherwise exceed 1 (one) year.

the recognizance is a habituai
offender, the period of the recognizance may extend to 3 (three) years, but
. shall not otherwise exceed 1 (one) year.

SECTION 48: Recognizance by Parents
Where a persan under the age of 18 (eighteen) shall have committed
any act defined as an offence, the President of the District Court may require
his parents, guardian or persan responsible under customary law to enter into
the recognizance described by Section 46, to be forfeited if the said persan
shall commit any similar act within the spa ce of 1 (one) year, unless the
. obliger shall prove that he took ali reasonable steps to avoid the minor's
committing the offence. SECTION 49: Non-compliance
(1) Where a persan required to enter into a recognizance does not do
so, or fails to find the sureties required, he may be immediately taken into
custody until he shall have complied with the arder; but such custody may not
exceed the period for which the recognizance was required. 20

taken into
custody until he shall have complied with the arder; but such custody may not
exceed the period for which the recognizance was required. 20

(2) Except ~nder Section 48 rhe obligations described ''r Section 42 ,.1 ·
and (2) may be substituted for custody. S ECT ION 50: Breach of Recognizance
(1) Upon convicti on of an offence covered by the recognizance the
District Court shall without prejudice to any penalty incurred for the offence
arder forfeitu re of the sum therein fixed. (2) Payment of the said sum shall be enforced as against the persan
bound over in like manner as if it were a fine, and as against the sureties by
any civil process. CHAPTER VI
CONCURRENT AND CONSECUTIVE SENTENCES
SECTION 51: Concurrent Sentences the Rule
( 1) Where any persan is convicted on seve rai charges of felony or
misdemeanour tried jointly, or of simple offence tried with either, only one
sentence may be passed, not exceeding the maximum prescribed for the
. most severely punished offence. (2) Where any persan is convicted on several such charges tried
separately, any sentence later passed may be ordered to run concurrently
with, or in the case of fines to be merged in, any earlier sentence; and where
· it is not so ordered, the aggregate of the sentences may not exceed the
maximum prescribed for the most severely punished offence.

ntence; and where
· it is not so ordered, the aggregate of the sentences may not exceed the
maximum prescribed for the most severely punished offence.

(3) ln the calculation of such aggregate an earlier sentence reduced by
remission shall be counted at its reduced and not at its original length. (4) No sentence may be ordered to run concurrently with, or to be
merged in, a sentence which had already become final before the act or
omission in respect of which the second sentence is passed. (5) ln respect of simple offences sentences shall not be concurrent or
merged unless the court shall so arder. (6) Subject to any contrary arder of the court, severa! sentences ether
·th an to principal penalties shall be consecutive as between themselves. 21
PR=s:DëNCE DE LA REPUBUQU
.. , ~ _ _ _ SECREiARIAT GENERAL
SEP. ' ,._: :ci r·Criii: RlêG' Sl ATi:~ Eï i<: E" LE M NT AIRE
C ~? ' E C: i:TiFlEE cojëSRM

PR=s:DëNCE DE LA REPUBUQU
.. , ~ _ _ _ SECREiARIAT GENERAL
SEP. ' ,._: :ci r·Criii: RlêG' Sl ATi:~ Eï i<: E" LE M NT AIRE
C ~? ' E C: i:TiFlEE cojëSRM

,jfCT ION 52: Cons~cut~v~ Sentences
(1) Sentences of loss of ii berty shall be enforced in the chronologîcal
order in which the imprisonment wa rrants were notified to the offender. (2) Accessory penalties and confinement under Section 43 of this Code
sh all run from the date when the sentence becomes final, while other
preventive measures shall commence from the expiry or suspension of the
principal sentence. (3) Severa! consecutive preventive measures shall be enforced in th e
following arder:
a) Confinement in a health institution ;
b) Preventive confinement ;
c) Post-penal supervision a nd assistance. (4) Where during the currency of any such measure the offender is
sentenced to loss of liberty for another felony or misdemeanour, the
preventive measure shall be suspended until the new sentence shall have
been served out. SECTION 53: Remand in custody
(1) Where the offender has been remanded in custody, the du ration of
such custody shall be wholly deducted from the computation of loss of liberty. (2) Where the offender, after having been remanded in custody, is
sentenced with fine only, the Court shall relieve him wholly or in part of the
said fine.

here the offender, after having been remanded in custody, is
sentenced with fine only, the Court shall relieve him wholly or in part of the
said fine.

CHAPTER VIl
SUSPENSION AND REMISSION 0
A- SUSPENDED SENTE
SECTION 54: Application and Effect
(1) Subject to any contrary provision of law, upon conviction for felony
or misdemeanour of an offender not previously sentenced to imprisonment, or
where after such sentence his conviction has been expunged, the court may,
for reasons to be recorded in the judgment, suspend for a period of from 3
(three) to 5 (five) years the enforcement .of any sentence of imprisonment for
22

asons to be recorded in the judgment, suspend for a period of from 3
(three) to 5 (five) years the enforcement .of any sentence of imprisonment for
22

five (5) te:sr·::; or less'- 1 .., , Or ·for· fino ""('ft ·,t~-... no~f.;;ld;j w · ·' ....... 1,.,._ . &rf.,-..·- -" . Cc. ·+J.""r. 92...)'v(,\\ V • -
Code _
(2) Such suspension shall not affect any accessory penalty or
preventive measure resulting from the conviction. (3) Where wit hi n the period so fixed , c al culated from the date when the
judgment becomes final, the offender commits a fu rther felony or
misdeme an our for which he is sentenced to imprison ment, and where such
sentence is not suspended on probation , bath sentences sha ll be served
consecutively, that which has been suspended under this Secti on bei ng
served fi rst. (4) The expiry of the said period shall otherwise produce the effects of
rehabilitation provided for by Section 676 of the Criminal Procedure Code. 8- PROBATION
SECTION 55: Where Applicable
(1) ln any case where a sentence of 6 (six) months or more of
imprisonment may be suspended, suspension may be combined with
probation.

ere Applicable
(1) ln any case where a sentence of 6 (six) months or more of
imprisonment may be suspended, suspension may be combined with
probation.

(2) When combined with probation suspension may also be granted to
an offender with a previous sentence of imprisonment suspended without
probation or with a previous sentence of imprisonment for less than 6 (six)
months not suspended. (3) The period of probation may not be less than 3 (three) nor more
th an 5 (five) years. (4) Subject to subsections (1) and (2),
apply to suspension on probation. SECTION 56: Meaning of Probation
(1) Probation shall mean the subjection of the offender to general and,
in a fit case, ta added special obligations of supervision and assistance. (2) The offender's compliance with his obligations shall be
superintended by a Magistrate nominated in that behalf, with the assistance
of salaried or honorary probation officers. 23

th his obligations shall be
superintended by a Magistrate nominated in that behalf, with the assistance
of salaried or honorary probation officers. 23

(3) The probation officer shali be chu::?ii and may be rep,aced by the
rJ1agistrats in charge. (4) The Magistrate in charge at the offender's residence may at any
time for reasons to be recorded in writing suspend ali or an y of the special
obligations or vary them, but not so as to make them more burdensome. SECTION 57: General Obligat i ons
An offender on probation shall always be subject to the general
obligations prescribed by Section 41 of this Code, save that for the superviser
shall be substituted the probation officer. SECTION 58: Special Obligations
ln addition to the general obligations prescribed by the last preceding
Section, the judgment may subject the offender to one or more of the special
obligations described by Section 42. · SECTION 59: Duties of Probation Officer
( 1) The probation officer shall be bou nd to satisfy himself th at the
offender observes the general and special obligations of his probation, and in
addition to stimulate and encourage the offender's efforts in the direction of
reform, in particular his family and occupational readaptation.

and in
addition to stimulate and encourage the offender's efforts in the direction of
reform, in particular his family and occupational readaptation.

(2) He shall be bound to afford the offender ali moral support in his
power, and it shall be his duty, where the offender is in need of financial
support, to apply to the Magistrate in charge to approach any social
assistance organization with a view to a grant. (3) He shall report regularly to the said Magistrate on the progress of his
task, and shall refer to him in case of difficulty. SECTION 60: Breach of Obligations
(1) Where du ring the period of probation the offender shall have broken
any general or special obligation, the court which suspended the sentence
may order its enforcement. (2) Such order shall not carry with it revocation of any previgu~
suspension without probation. 2 ;:; :: ~c ~~E oE LA RE!luBuo uE
<:E Cx ?: ARIAT GEN ERAL
24

h order shall not carry with it revocation of any previgu~
suspension without probation. 2 ;:; :: ~c ~~E oE LA RE!luBuo uE
<:E Cx ?: ARIAT GEN ERAL
24

(3) V\fhere a suspendt;:<;;:;. sentence has nci: bee~ revokec J1 . ~8 l~11is
Section or Section 54 of this ;.#ode, the expiry of the penod shal! produce the
effects provided for in Section 676 of the Cr irn inal Procedure Code. ___,
?i<2. ~ .;)ê ~-< Cë DE LA REPUB UOUt
ON LICE r- S ECR~ARIAT GEt~E P.r\ L
C ~ RELE ASE ;l...>.. ;: c u r 'Cl-iB i.êG iSLAT ii' ET .~ ~-::, :. E r
CC Pl CCE I!'!JFi EE CONF E
SECTION 61: Definition
(1) Release on licence sha ll mean the premature release of a persan
sentenced to loss of li berty, or subjected, by a conviction de ci sion, to a similar
preventive measure. Such re lease on licence shall be granted and revoked
by decree. (2) The general conditions and detailed procedure for grant and
revocation of release on licence shall be prescribed by decree. (3) Premature release of an offender, where not revoked , shall become
·final upon expiry of the term of sentence.

ence shall be prescribed by decree. (3) Premature release of an offender, where not revoked , shall become
·final upon expiry of the term of sentence.

SECTION 62: Suspension of Measures
(1) The decree granting release on licence also suspends enforcement
of any arder of confinement in a special health establishment, or of preventive
confinement, or of post-penal supervision and assistance, or of banned
occupation which would follow on release from the principal penalty. (2) Such suspension shall become definitive 5 (five) years after the
expiry of the principal penalty. SECTION 63: Time for Grant
(1) Release on licence from a principal penalty may not be granted
before service of half the sentence, or of the aggregate of consecutive
sentences, regard being had ta remissions if any. lt may not be granted to a
recidivist before service of two-thirds of the sentence. (2) A persan under preventive confinement may not be granted release
on licence before service of 5 (five) years of the sentence. SECTION 64: Revocation
( 1) Release on licence may be revoked on conviction for felony or
misdemeanor later committed or for breach of any of the general or special
conditions of the licence. 25

ce may be revoked on conviction for felony or
misdemeanor later committed or for breach of any of the general or special
conditions of the licence. 25

(2) ln case of revocation, thA peri d of !lberty shal! rw~· ')e counted in thf-1
ciur ati on of th e sentence
D- SUSPENSION OF POST-PENAL MEASURES
SECTION 65: Suspension of Post-penal Measures
(1) On the proposai of the authority contemplated by Section 40 (2), the
court which has ordered post-penal measures, may at any time, for reasons
to be recorded in the arder, suspend ali or any of the special obligations
imposed, or vary them, but not so asto make them more burdensome. (2) Such suspension may at any time in like manner be revoked. SECTION 66: Pardon
Pardon shall mean the commutation or remission, in whole or in part
and with or without conditions, of a penalty or preventive measure or of the
obligations of a probation arder. SECTION 67: Prescription
(1) Where a principal penalty has remained unenforced for the following
periods after judgment has become final, neither it nor any accessory penalty
or preventive measure accompanying it may any longer be enforced:
a) for felony: 20 (twenty) years ;
b) for misdemeanour and simple offence tried with misdemeanour: 5
(five) years ;
c) for any ether simple offénce: 2 (two) years.

: 20 (twenty) years ;
b) for misdemeanour and simple offence tried with misdemeanour: 5
(five) years ;
c) for any ether simple offénce: 2 (two) years.

(2) Prescription shall be suspended while enforcement of the sentence
is prevented by any consideration of law or of fact apart from the offender's
will. Time shall begin to run again on the intervention of an enforcement
measure taken before the completion of the period. 26

rt from the offender's
will. Time shall begin to run again on the intervention of an enforcement
measure taken before the completion of the period. 26

A person convicted il": aefault rnay · ,r ~ 1
:.Jn ger appear to serve his
sentence after prescriptio n. SECTION 68: Death
The offender's death shall not prevent enforcement of pecuniary
sentences against his estate or closure of an establishment, or confiscation. CHAPTER V ...ll p;~ :: :: ; ;)(. t -iCEDELAR~PU B U O UE ('
·::rRET ARIAT GENERAL
EXPUNGEMENT OF TH E CONV I.C:Ji:K?N sL ATlf El'i<EG' ENT E
( ,,•.,-, -:: t''= ~c J I.- t:E CQ ~ ME
,l_ .' i' . :. ""' ~ "' " y
A- REHABILITA ION
SECTION 69: Definition and Effect
(1) Rehabilitation is a measure which, unless otherwise provided by
law, expunges a conviction for felony or misdemeanour. lt puts an end to any
accessory penalty and to any preventive measure except to confinement in a
health institution and closure of an establishment. (2) Where a persan has been convicted more than once, rehabilitation
shall apply to ali the convictions. (3) Rehabilitation shall be as of right or by court judgment. (4) a) ln order to be rehabilitated, an offender shall show proof of
payment of ali costs and damages or of any reduction thereof granted him. Otherwise, he shall prove that he served an imprisonment term in default of
payment.

of ali costs and damages or of any reduction thereof granted him. Otherwise, he shall prove that he served an imprisonment term in default of
payment.

b) Where he is convicted of fraudulent bankruptcy, he shall prove
. the discharge of his Jiabilities relating to capital, interest and expanses or
prove that a reduction was granted him. c) Where the civil party cannat be found, the amount due him shall
either be paid to his representative or, otherwise, into the deposit and
guarantee fund. d) Where the offender claims that the civil party has refused the
amount due him, he shall show proof of such refusai and pay the said amou nt
into the deposit and guarantee fund. e) The four-year prescription shall not be applicable hereto. (5) a) Rehabilitation shall not as of right restore any decoration forfeited
nor automatically reinstate the person rehabilitated in any orders from which
he would have been debarred;
27

f right restore any decoration forfeited
nor automatically reinstate the person rehabilitated in any orders from which
he would have been debarred;
27

tj) '"· 'Oi!ce supervisory ;;nci ~0r·~ ,· · i ' i" ~,o
~hall rerymln ,~r iforceable;
c) Amo un ts paid in satisfaction of pecuniary sentences and
confiscations f rom th e pers an rehabilitated shall remain with the Public
Treasury and shall be non-refundable;
d) Rehabilitation shall not as of right reinstate anyone in public office
or employment, rank, public or ministerial positions nor shall it give rise to any
re con stituti on of h is career. However, the persan rehabilitated shall regain the rights forfeited such
as parental authority, guardianship, electoral rights and the right to appear as
a witness in court. e) Rehabilitation shall not bar an application for review of judgment
with a view ta establishing innocence. SECTION 70: Rehabilitation as of Right
( 1) An offender who has not had any further sentence of imprisonment
for felony or misdemeanour shall as of right be rehabilitated upon expiry of
·the following periods:
- Five (5) years, for a sentence of fine;
- ten (10) years for a single sentence of imprisonment of up to six
months;
- fifteen (15) years for a single sentence of up ta two years ;
- twenty (20) years for a single sentence of up to five years.

nt of up to six
months;
- fifteen (15) years for a single sentence of up ta two years ;
- twenty (20) years for a single sentence of up to five years.

(2) The period shall be 15 (fifteen) years for an aggregate sentence of
more th an 1 (one) year but not more th an 2 (two) years. (3) Sentences ordered ta run concurrently shall be counted as a single
sentence. (4) The said periods shall run, in the case of a sentence of fine, from the
date of payment or of prescription, and in the case of loss of liberty, from the
date of expiry of the sentence, taking into consideration any remission or
prescription. (5) The partial or total remission of a sentence shall amount to its partial
or total execution. 28

into consideration any remission or
prescription. (5) The partial or total remission of a sentence shall amount to its partial
or total execution. 28

St:t.:TION 71: Re. abmtat~cn b. 1 Court
( 1) Any offe nder may apply to the court for rehabilitation. (2) Rehabilitation may only be applied for after 5 (five ) years in the c ase
of a conviction for felon y and after 3 (three) years in t he case of a co nv iction
for misdemeanour. Th ese time-limits shall run from the date follow in g the day
of his re lease in the case of a sentence to loss of liberty, or payment in the
case of a fine. (3) The time-limit prescribed in Subsection (2) above shall be doubled in
the case of persans with a previous conviction
SECTION 72: Rehabilitation after death
(1) ln the case of death of the offender, the application may be followed
up or even fi led by his spouse, his ascendants or his descendants. (2) ln the case of death- of the applicant, any application for
rehabilitation already fi led may be continued by the Legal Department.

s descendants. (2) ln the case of death- of the applicant, any application for
rehabilitation already fi led may be continued by the Legal Department.

8-AMNESTY
SECTION 73: Effects of Amnesty
(1) Without prejudice to any civil right, an amnesty shall expunge a
conviction and shall put an end to the enforcement of ali penalties, whether
principal or accessory, and of ali preventive measures pronounced in
consequence of the conviction, save confinement in a health institution and
closure of an establishment. (2) Unless otherwise expressed, an amnesty shall bar the
commencement or continuation of any prosecution. (3) Unless so expressed, an amnesty shall not relieve of the liability for
any expenses due to the Treasury in respect of a conviction which has
become final. (4) Unless so expressed, it shall not affect the right of the Treasury to
·any su ms already collected in satisfaction of expenses, fines or confiscation. (5) Unless so expressed, it shall by itself neither restore to any
decoration nor resto re to any arder forfeited. ---- · ··---~
?Rt Si)éNCE DE LA REPUBLiQUE
SE :~::TAR iAT GENE RAL
SE.~ 1:: ~ ::..: i :c,r : r'!': .\ lE GiSLA iif' ET ~ :G :." .EN T \lK E
COP IE CE i': Ti F:E ë CON W ME
29

E DE LA REPUBLiQUE
SE :~::TAR iAT GENE RAL
SE.~ 1:: ~ ::..: i :c,r : r'!': .\ lE GiSLA iif' ET ~ :G :." .EN T \lK E
COP IE CE i': Ti F:E ë CON W ME
29

(6) Unless se expresse':.: . it shal! n")t of itseh ;·r:::, st(~re to any pu bor. service, emp!oymem or officE: and shall give no righ:· t:: resto ration to r~~f
position in a public service whlch, but for the con tiction would have been
attained. (7) lt shall be no bar tc an application for rev:s1on with a vrew to
establishing innocence in fa ct. PART Ill
CRIMINAL RESPONSIBILITY OF NATURAL PERSONS AND
CORPORATE BODIES
CHAPTERI
GENERAL PROVISIONS
SECTION 74: Punishment and Responsibility
(1) No penalty may be imposed except upon a persan criminally
responsible. (2) Criminal responsibility shaJI lie on him who intentionally commits
each of the ingredient acts or omissions of an offence with the intention of
causing the result which completes it. (3) Save as otherwise provided by law, no criminal responsibility shall
·arise from the result, though intended, of an omission. (4) Save as otherwise provided by law, there shall be no cri minai
responsibility unless subsection (2) of this Section has been satisfied. Provided that responsibility for a simple offence shall not require any
intention to act or to omit orto cause the result.

Section has been satisfied. Provided that responsibility for a simple offence shall not require any
intention to act or to omit orto cause the result.

SECTION 74-1: Criminal responsibility of corporate bodies. a) Corporate bodies shall be criminally responsible for offences committed
on their behalf by their organs or representatives. b) The provisions of the subsection (a) above shall not apply to the State
and its agencies. c) The criminal responsibility of natural persans who are authors of
reprehensible acts may be compounded with that of corporate bodies. 30

agencies. c) The criminal responsibility of natural persans who are authors of
reprehensible acts may be compounded with that of corporate bodies. 30

Neither ignorance of the law nor mot! .Je sh a ll be material to criminal
responsibility. SECTION 76: Execution of the Law
No act or omission in execution of the law or authoriz ed by law, and
performed in accordance with the conditions prescribed by law, shall
constitute an offence. CHAPTER Il
IRRESPONSIBILITY AND DIMINISHED RESPONSIBILITY
SECTION 77: Accident and Physical Compulsion
No criminal responsibility shall arise from accident or from irresistible
physical compulsion. SECTION 78: lnsanity
(1) No criminal responsibility shall arise from the act or omission of a
persan suffering from mental illness which deprives him of ali will-power or of
the knowledge that what he does is blameworthy. (2) Mental illness whose consequences are only partial shall diminish
responsibility. SECTION 79: Intoxication
lnvoluntary intoxication shall have the same affect as mental illness. SECTION 80: lnfancy
(1) No criminal responsibility shall arise from the act or omission . of a
persan aged less than 10 (ten) years. (2) An offence committed by a persan aged not less than 10 (ten) years
·and not less than 14 (fourteen) years may attract only such special measures
as may by law be provided.

by a persan aged not less than 10 (ten) years
·and not less than 14 (fourteen) years may attract only such special measures
as may by law be provided.

(3) For an offence committed by a persan aged over 14 (fourteen) and
under 18 (eighteen) years, responsibility shall be ----
31

(3) For an offence committed by a persan aged over 14 (fourteen) and
under 18 (eighteen) years, responsibility shall be ----
31

(4) A persan aged 18 (et!Jhteen) yea rs or over sha!! be responsible as
an aduit. (5) The age relevant to this Section sha!l be that attained at the date of
commission . SECTION 81: Threats
( 1) No c ri minai responsibility shall arise from submission to threats, not
otherwise avoidable, of imminent death or of grievous harm as defined by this
Code. Provided that where the act committed is defined as an offence
punishable with death or has resulted in death or in grievous harm, the
responsibility of the persan committing the act shall be merely diminished. (2) This Section shall not apply to a persan who has voluntarily exposed
himself to the risk of such threats. SECTION 82: Compulsion
Responsibility shall be diminished for an offen ~e~GQ~m~m~i t~te~d~: =======::=:J
a) by a persan aged less than 18 (eighteen) years under the compulsion
of his parents or of the persan having charge of him, or responsible for
him under customary law;
b) by an employee or subordinate under the compulsion of his employer or
su perier.

having charge of him, or responsible for
him under customary law;
b) by an employee or subordinate under the compulsion of his employer or
su perier.

SECTION 83: Obedience to Lawful Authority
( 1) No cri minai responsibility shall arise from an act performed on the
orders of a competent authority to whom obedience is lawfully due. (2) This Section shall not apply where the arder is manifestly unlawful. SECTION 84: Lawful Defence
(1) No cri minai responsibility shall arise from an act dictated by the
immediate necessity of defence of the persan acting or of any other persan,
or of any right of himself or of any ether, against an unlawful infringement:
Provided that the means of defence be proportionate to the seriousness of
the infringement threatened. 32

any ether, against an unlawful infringement:
Provided that the means of defence be proportionate to the seriousness of
the infringement threatened. 32

(2) lntentlonal ki!iing sha!l be pro po·· ionate to a"1 ·"' nack causing a
reasonable apprehension of death, of grievous harr'<ï as defit i8d by this Codej
of rape or of sodomy. SECTION 85: Provocation
(1) Responsibility shall be diminished for an offence immediately
provoked by the unlawful act of another against the offender or, in his
presence, against his spouse, descendant or ascendant, brother or sister,
employer or employee, or a miner or incapable in his charge. Provided that the reaction be proportionate to the provocation. (2) lntentional killing or wounding shall be proportionate to a
provocation by violent blows or injuries. (3) lntentional killing or wounding of a spouse or of his or her lover shall
be proportionate to the provocation of fin ding them in the act of adultery. (4) ln arder to diminish responsibility provocation must be of a kind to
deprive an ordinary persan of self-control.

ding them in the act of adultery. (4) ln arder to diminish responsibility provocation must be of a kind to
deprive an ordinary persan of self-control.

.SECTION 86: State of Necessity
No criminal responsibility shall arise from an infringement of a right of
property, not justified as lawful defence under Section 84, but inflicted in arder
to protect the persan acting or any ether persan, or his or another's property,
from a grave and imminent danger not otherwise avoidable. Provided that the
means of protection be proportionate to the harm. SECTION 87: Effect of Diminished Responsibility
(1) Wherever responsibility is by law diminished, the penalty provided for
the offence shall be reduced as follows:
a) The penalty of death or of Joss of liberty for fife shall be reduced to Joss
of liberty for from 2 (two) to 10 (ten) years;
b) Any ether penalty for felony shall be reduced to loss of liberty for from 1
(one) to 5 (five) years;
c) The maximum penalty for misdemeanour, whether of Joss of liberty or of
fine, shall be reduced by half, and the minimum to that provided by
Section 92 (1) of this Code. ..,
33 - -::::::::::::::::·:::::::::::::::::::::::::::::-=.J

hall be reduced by half, and the minimum to that provided by
Section 92 (1) of this Code. ..,
33 - -::::::::::::::::·:::::::::::::::::::::::::::::-=.J

12) vVhere responsibility is reduced for more thar; one reason or w11ere
there are in ad dition mitigating circumstances, th6 ·':~:nimum sha!; be that
provided by Section 92 ( 1). CHAPTER Ill
AGGRAVATION OF CRIMINAL RESPONSIBILITYOF NATURA L
PERSONS AND CORPORATE BODIES
SECTION 88: Previous convic t io ns of natural persons and c orp orate
· b odies
(1) A recidivist sh a ll be:
a) any natural persan or corporate body who, having been convicted for a
felony or misdemeanour, commits another simp le offence classified as
felony or misdemeanour within the time-limit running from the date of
final conviction and which expires 5 (five) years after the execution or
expiry of the sentence;
b) any natural person or corporate body who, having been convicted for a
simple offence commits another simple offence within the time-limit
ru nning from the date of final conviction, which expires 12 (twelve)
months after the ex~cution or expiry of the sentence. (2) ln case of recidivism, the maximum penalty provided for shall be
double d.

pires 12 (twelve)
months after the ex~cution or expiry of the sentence. (2) ln case of recidivism, the maximum penalty provided for shall be
double d.

SECTION 89: Public s ervants
( 1) Subject to any special penalties provided for felonies or
misdemeanours committed by national, foreign or international public
servants, national, foreign or international public officers or national, foreign
or international officiais, the fact of being a public servant established or
otherwise shall aggravate the responsibility of any such persan guilty of any
other felony or misdemeanour against which it is his duty to guard orto take
action. ·
(2) ln case of aggravating circumstances, the maximum penalty
provided for shall be doubled. 34

inst which it is his duty to guard orto take
action. ·
(2) ln case of aggravating circumstances, the maximum penalty
provided for shall be doubled. 34

CHAP ï'E~ ~V
MrnGAT! ON AN D ~~LE_.Ç T~ON OF SEtf [:J~
SECTION 90: Mi·tigation
The benefit of mitigating circumstances may be given, for reasons to be
recorded in the judgment, save where they are by law expressly excluded . SECTION 91: Mitigation in Case of Felony
( 1) Upon a finding of mitigating ci rcumstances in fava ur of any persan
convicted of felony, the sentence may be reduced to not less than 10 (ten)
years' loss of liberty if the offence be punishable with death, to not less than 5
(five) years if it be punishable with loss of liberty for lite, and to not less th an 1
(one) year in any ether case. (2) Where the penalty is reduced under the last subsection ta 10 (ten)
years or less the court may add a fine of up to CFAF 2 000 000 (two million) . . SECTION 92: Mitigation in Other Cases
(1) Upon a finding of mitigating circumstances after conviction of
misdemeanour or of a simple offence, the court may redu ce ta 5 (five) da ys
any sentence. of loss of liberty, and any sentence of fine to CFAF 1 (one), and
· may pass sentence of one such penalty only.

edu ce ta 5 (five) da ys
any sentence. of loss of liberty, and any sentence of fine to CFAF 1 (one), and
· may pass sentence of one such penalty only.

(2) Where the offence is by law punishable with loss of liberty only, the
court may substitute a fine of up to CFAF 1 000 000 (one million) for
misdemeanour or up ta CFAF 25 000 (twenty-five thousand) for a simple
offence. SECTION 93: Selection of Sentence
Sentence of penalty or measure shall vary, within such limits as may be
prescribed or authorized by law, according to the circumstances of the
offence, and to the public danger which it may represent, to the
circumstances of the offender and to the likelihood of his reformation, and to
the practical means of carrying it out. 35

ich it may represent, to the
circumstances of the offender and to the likelihood of his reformation, and to
the practical means of carrying it out. 35

SECTION 94: Attempt
( 1) An attempt to commit a felony or misdemeanour shall mean the
performance of any act towards its commission unambiguously indicating an
irrevocable intention to commit it, and shall be treated, where execution has
been arrested or has failed solely by reason of circumstances independent of
the offender's will, as the commission of the felony or misdemeanour
attempted. (2) An attempt shall be punishable notwithstanding that complete
execution was impossible by reason of a circumstance of fa ct unknown to the
offender. (3) Mere preparation shall not constitute an offence. · SECTION 95: Conspiracy
(1) Conspiracy shall mean the resolve concerted and determined
between 2 (two) or more persans to commit an offence. (2) There can be no conspiracy between husband and wife. (3) Conspiracy to commit a felony or misdemeanour shall be treated,
where execution has failed solely by reason of circumstances independant of
the conspirators' joint will as the commission of the felony or misdemeanour
resolved. (4) The responsibility of a conspirator voluntarily withdrawing from the
conspiracy before execution has commenced shall be diminished.

nour
resolved. (4) The responsibility of a conspirator voluntarily withdrawing from the
conspiracy before execution has commenced shall be diminished.

(5) No penalty may be imposed upon a conspirator who prevents the
execution of the offence resolved or who before any attempt at execution
informs the administrative or judicial authorities of the conspiracy. _..,
- -- -----~-- -:---;;;-~-- ::: C:FNC E Dt LA RcPU BL•
CHAPTER VI ~'·'·-~· oE:sffARIAi c~:N<= R AL 1A!Rt
_ , .- r-ro LATif Eï R LEM
PARTI Cl PATIQ Së. R'I: C::= :v riCn:~ L~._,\Sr: .~O R M
c ora: C tK.11r iE ... co~
SECTION 96: Co-offenders
A co-offender shall mean a persan who, m agreement with another,
takes part with him in the commission of an offence. 36

co~
SECTION 96: Co-offenders
A co-offender shall mean a persan who, m agreement with another,
takes part with him in the commission of an offence. 36

SECTI ON 97 : .Acc essor~es
( 1) An accessory shall mean a persan who abets the commission of a
felony or rnisdemeanour, that is:
a) who orders or in any manner causes the commission of an act or
omission so defined; or
b) who a ids or facilitates the preparation or the commission of su ch an
offence. ~
r ï.E:~iOENCE DE LA REPUBLIQUE
~EC;(ETARIAT GEN ERAL
SE RV: C: :.:u ,:,:: r:~~::~ i.êGiSLATif 8 R::?LE. 'lAI"R
(2) Attempted abetment sha ll be treated s aœtment neE coNF ME
(1) Subject to any special provision of law, a co-offender and an
accessory shall be punishable in like manner as a sole or principal offender. (2) Circumstances resulting in the irresponsibility of any persan, or in
his exemption from punishment or reduction or increase of his punishment,
shall, where persona!, affect only the persan concerned. (3) Circumstances other than persona! shall affect any co-offender or
accessory who could have foreseen them.

sona!, affect only the persan concerned. (3) Circumstances other than persona! shall affect any co-offender or
accessory who could have foreseen them.

SECTION 99: Foreseeable Consequences
(1) Any co-offender or accessory to the comm1ss1on or attempted
commission of a felony or misdemeanour shall also be responsible in respect
of any other offence committed or attempted as a foreseeable consequence
of the agreement or abetment. (2) Any persan habitually furnishing places of refuge or assembly to
malefactors of whose felonious conduct he is aware shall also be liable to
punishment as their accessory. SECTION 100: Accessory after the Fa ct
( 1) An accessory after the fa ct shall mean a person who after the
commission of a felony or misdemeanour shelters an offender or his
accessories from arrest or from investigation, or who has custody of or
disposes of anything taken, misappropriated or otherwise obtained by means
of the offence. (2) This Section shall not apply as between husband and wife. 37

ses of anything taken, misappropriated or otherwise obtained by means
of the offence. (2) This Section shall not apply as between husband and wife. 37

(·~"') .) A... n !:li t"e~-:.;.;·)r .~
'-' 1 • !;.l v.; ~~·.., f afte r the fact ce punlshec;
provisions of !aw. PART ~V
STATE LAW S
SECTION 101: Breach of St ate Laws and Others
( 1) Where any law of either Federated State expressly so provides, any
breach of such law which is not defined or punishable under this Code or any
ether federated law shall be punished with imprisonment for up ta 1 (one)
year or with fine of from CFAF 25 000 (twenty-five thousand) ta CFAF
500 000 (five hu nd red thousand) or with bath such imprisonment and fine. (2) Breach of any arder lawfully issued under such law shall constitute a
simple offence. BOOK Il
PARTICULAR CRIMES
PARTI
FELONIES AND MISDEMEANOURS AGAINST THE STATE
CHAPTER 1
THE SECURITY OF THE STATE
A -EXTERNAL SECURITY
SECTION 102: Hostilities against the Fatherland
Any citizen:
a) taking part in hostilities against the Republic;
------·---------·- -,;::;<:;S,)i: :-<CE DE LA REPUBUOUE
s: 2iEïAi<iAi GENEPAL
Scr:v::.:.: ::u ~- ,CriiE~ LEG i SL~Ti;- f.l ,{o; ,:.::' NTA~t
COPIE CERTIFIEE CONF. RME
b) or assisting or offering to assist the sa id hostilities;
shall be guilty of treason and punished with death.

:.::' NTA~t
COPIE CERTIFIEE CONF. RME
b) or assisting or offering to assist the sa id hostilities;
shall be guilty of treason and punished with death.

SECTION 103: Other Felonies Punishable with Death
Shall, if a citizen, be guilty of treason and, if a foreigner, be guilty of
espionage, and shall in either case be punished with death whoever:
a) instigates a foreign power to undertake hostilities against the Republic;
or
38

espionage, and shall in either case be punished with death whoever:
a) instigates a foreign power to undertake hostilities against the Republic;
or
38

b) surrenders or offers to surrender to a foreign power or to its agents any
troops, territory, in stallations or equipm ent employed in the defet ~ce of
the nation, or any defence secret, or who in whatever manner acquires
such a secret with intent to surrender it to a foreign power;
c) with intent to injure the defence of the nation, damages any
construction, installation or equipment, or commits any malpractice
liable to prevent their normal working or to lead to an acciden t. SECTION 104: Penalties of Ordinary Law
On reduction of the penalty provided by Sections 102 and 103, any loss
of liberty shall be imprisonment. . SECTION 105: Prejudice Punishable with Ten Years
Shall be punished with imprisonment for from 1 (one) to 10 (ten) years
or with fine of from CFAF 100 000 (one hu nd red thousand) to CFAF
10 000 000 (ten million), or with bath such imprisonment and fine whoever in
time of peace:
1. otherwise than in order to surrender it to a foreign power, acquires a
defence secret, or reveals such secret to a persan not entitled to
know it;
2.

otherwise than in order to surrender it to a foreign power, acquires a
defence secret, or reveals such secret to a persan not entitled to
know it;
2.

with intent to surrender them to a foreign power collects information,
articles, documents or processes, where advantage could be taken
of such collection to injure the defence of the nation ;
3. intrudes by any deceitful means into any installation, ship, aircraft or
vehicle employed in the defence of the nation ;
4. carries out any drawing, survey or photographie or topographical
operation within any defence installation or within any prohibited area
around it as laid dawn by the defence authorities and without their
permission ;
5. loiters within a fixed distance prohibited by competent authority
around a defence installation ;
6. flies without permission in a foreign aircraft over the territory of the
Republic;
7. sets up secretly a means of correspondance or of long distance
transmission lia ble to injure the defence of the nation ;
8. by any activity not approved by the Government exposes the
Republic to reprisais ; PR!:s:JENCE DE LA REPuauou-
sEcRETAR IAT GENERAL
m:v : ç~ :;u rtCi-iiEK LEGISLATi F ET ~ LE NT AmE
COPIE CERïiFIEE CO rORM
39

Republic to reprisais ; PR!:s:JENCE DE LA REPuauou-
sEcRETAR IAT GENERAL
m:v : ç~ :;u rtCi-iiEK LEGISLATi F ET ~ LE NT AmE
COPIE CERïiFIEE CO rORM
39

9. enlists or undertakes iraiî l !~ - ,~:; r :Ü 'DUt prior pe rrn~s~)Îo--; :.1f me campE:\
tent Cameroon authoritiesl ir; -~ ne Armed Fo rces or P0ll ce Forces of a
foreign country and engages in activities injurious to the defence of
the nation or in activities capabie of eventually exposing the Republic
to a rebellion or an insurrection."
SECTION 106: Prejudice Punishable with Five Years
Shall be punished with imprisonment for from 1 (on e) to 5 (five) years or
with fine of from CFAF 50 000 (fifty thousand) ta C FAF 5 000 000 (five
million), or with bath such imprisonment and fine whoever in ti me of peac e:
1. carries on with the agents of a foreign powe r a course of
communication liable ta injure the defence or diplomatie position of
the Republic ;
2. Within the territory of the Republic and without the p er mission of the
Government recruits or enlists any persan for any foreign armed
forces; or
3. by any activity not approved by the Government exposes any citizen
to reprisais; or
4. without permission from the Government surrenders or
communicates to a foreign power or its agents ·any invention
.

es any citizen
to reprisais; or
4. without permission from the Government surrenders or
communicates to a foreign power or its agents ·any invention
.

connected with the defence of the nation, or any information, study
or process regarding such an invention, or any industrial application
connected with the defence of the nation; or
by rashness, carelessness, or breach of any regulation, permits the
removal or observation, whether in whole or in part, and for however
short a time, of any article, equipment, document or information
entrusted ta him or in his care, and knowledge of which is liable to
lead to the discovery of a defence secret; or
by rashness, carelessness, or breach of any regulation permits thé
damage or destruction of any abject, equipment or document
entrusted to him or in his care, where such damage or destruction is
prejudicial to the defence of the nation; or
J being in control of any supplies, concern or undertaking on behalf of
the armed forces, or being agent for any supplier or a subcontractor,
causes the service to fail or to be delayed, be it merely by
carelessness; or
8. being in control of any supplies, concern or undertaking on behalf of
the armed forces commits a fraud in respect of the description, the
quality or the a mount of works, of labour or of articles supplied. 40

n behalf of
the armed forces commits a fraud in respect of the description, the
quality or the a mount of works, of labour or of articles supplied. 40

9 enlists undertakes training witho ut prîor permi ssion of the competent
C ameroo n aut horltie~ in the Ar med Forces or Police Forces of a
foreign country >>
SECTION 107: Fai!ure to Rep or t
Any citizen who in time of peace fails to inform the defence,
administrative or legal ·authorities, sa saon as he co mes to know of it, of any
activity liable to injure the defence of the nation shall be punished as under
the last foregoing Sectio n. SECTION 108: Wartim e
(1) Any citizen or resident who in ti me of war and without permission
from the proper authority
a) carries on any correspondent or relations with the subjects or agents of
the enemy; or
b) concludes, directly or indirectly, any business transaction with a subject
or agent of the enemy, or with any persan residing in his territory. (2) Shall be punished with imprisonment for from 10 (ten) to 20 (twenty)
years Whoever in ti me of war:
a) joins in any undertaking to spread alarm and despondency in the
defence forces or in the nation, with intent thereby to injure the defence
of the nation; or
b) commits any offence described by Sections 105, 106 or 107.

nce forces or in the nation, with intent thereby to injure the defence
of the nation; or
b) commits any offence described by Sections 105, 106 or 107.

(3) Shall be punished with imprisonment for from 10 (ten) to 20 (twenty)
years. Whoever in time of war commits any act of any kind liable to injure the
defence of the nation shall, if no higher penalty be provided, be punished with
imprisonment for from 1 (one) to 5 (five) years, or with fine of from CFAF 50
000 (fifty thousand) to CFAF 5 000 000 (five million), or with bath such
imprisonment and fine. (4) For the purposes of subsections 2 and 3 of this Section, any state of
emergency, mobilization or siege shall be treated as ti me of war. 41

fine. (4) For the purposes of subsections 2 and 3 of this Section, any state of
emergency, mobilization or siege shall be treated as ti me of war. 41

For the purposes of t hi s Code a defence se cret sha ll mean any
in fo rm ation of whatever kind liable to assist hostile und ertaki ng s against the
Republic a nd not a!ready made publi c. SECTION 110: Extension to Foreign Power
The p ro visio ns of the foregoing Sections may be extended by decree so
as to apply in like man ner to acts co mm itted against foreign powers. 8 - INTERNAL SECURITY OF THE STATE
SECTION 111: Secession
(1) Whoever undertakes in whatever manner to infringe the territorial
integrity of the Republic shall be punished with imprisonment for lite. (2) ln ti me of war, or in a state of emergency or siege, the penalty shall
be death. SECTION 112: Civil War
Whoever provokes civil war by arming the people, or by inciting them to
take arms against each other, shall be punished with death. SECTION 113: Propagation of False Information
Whoever sends out or propagates false information liable to injure
public authorities or national unity shall be punished with imprisonment for
from 3 (three) months to 3 (the re) years and with fine of from CFAF 100 000
(one hundred thousand) to CFAF 2 000 000 (two million).

imprisonment for
from 3 (three) months to 3 (the re) years and with fine of from CFAF 100 000
(one hundred thousand) to CFAF 2 000 000 (two million).

On reduction of the penalty provided by Sections 111 (2) and 112, any
loss of liberty shall be imprisonment. SECTION 114: Revolution
Whoever by force attempts to alter the laws composing the Constitution,
or to overturn the political authorities set up by the said laws or to render
them incapable of exercising their powers shall be punished with
. imprisonment for lite. -42

litical authorities set up by the said laws or to render
them incapable of exercising their powers shall be punished with
. imprisonment for lite. -42

(1) Whoever, with in tent to commit a fe!ony defined by Sections 1'î 1,
112 and 114, or to hinder the operations of the forces of order against those
committing any such felony, forms an armed band, or holds any office or
command in it or joins in such band's commission of or attempt tc commit
such felony sha ll be pu nis hed wi th imprisonment for li fe. (2) Any ether member of such band shall be pu ni shed with
imprisonment for from 10 (ten) ta (twenty) years. (3) For the purposes of this Section an armed band sh a ll me an any
gathering of 5 (five) or more persans of whom any one be ars any a rm, open
or concealed. (4) The provisions of Section 95 (5) of this Code shall apply to this
Section.

ve) or more persans of whom any one be ars any a rm, open
or concealed. (4) The provisions of Section 95 (5) of this Code shall apply to this
Section.

SECTION 116: Insurrection
Whoever during an insurrection:
_, a) instigates or encourages by whatever means the gathering of the
insurgent; or
b) hinders by whatever means the summoning, the assembly or the
operations of the forces of arder, or usurps their comma nd; or
c) invades or destroys any public or private building; or
d) holds or seizes any weapon, ammunition or explosives ; or
e) wears any official uniform, garb or emblem, whether civil or military,
shall be punished with imprisonment for from 10 (ten) to 20 (twenty) years. SECTION 117: Weapons
For the purposes of the foregoing Section a weapon shall include both
an arm properly so called and any ether article carried with intent thereby to
inflict bodily harm or material damage. 43

a weapon shall include both
an arm properly so called and any ether article carried with intent thereby to
inflict bodily harm or material damage. 43

SECTION 1·18 : Specifie C onf~ - cat~v n
On conviction for any felony or misdemeanour de"Fined by this Chapter
the confiscation prescribed by Section 35 of this Code shall be ordered and
may also be extended to property not belonging to the offender. SECTI ON 119: Confiscation of Unl awful Property
(1) Upon conviction for any felony or misdemeanour defined by t hi s
Chapter, the Court may arder confiscation of the offender's property, of
whatever nature and whether or not held jointly, to which he can show no
· lawful title. (2) ln ti me of war su ch confiscation shall always be ordered . . SECTION 120: General Confiscation
Upon conviction for any felony defined by this Chapter the Court may in
addition arder the confiscation of ali or part of the offender's property lawfully
acquired. SECTION 121: Forfaiture
(1) Upon conviction for a felony defined by this Chapter the du ration of
the forfeitures described in Section 30 may not be reduced below 5 (five)
years. (2) Upon conviction for a misdemeanour and sentence under this
Chapter to loss of liberty the Court may arder such forfeiture for not less than
five nor more than 10 (ten) years.

sdemeanour and sentence under this
Chapter to loss of liberty the Court may arder such forfeiture for not less than
five nor more than 10 (ten) years.

(3)The duration of the post-penal measures described in Section 40 of
this Code may be extended to 10 (ten) years. (4) Where the offender, in case either of felony or misdemeanour, is an ·
officer or official of the public service or a member of the armed forces, the
disqualification from public service may be for lite. 44

anour, is an ·
officer or official of the public service or a member of the armed forces, the
disqualification from public service may be for lite. 44

CH A P TE~ -1 ~~
-OFFEi~CES AGA~ NS T THE G0 ~\1S T~TUTION.~.;.~,:.;.:.::u:::-.c~~~ - "- MO ,...:.:...=• :> ~---~~~~~ - -...~
A - ELECTORAl OFFENCES
SECTION 122: Electoral Fraud
(1) Whoever
a) registe rs on electoral reg isters using a false identity or who, during
registration, conceals the fact that he has been:
- convicted for an offence, even in default ;
- sentenced to an imprisonment term of more th an 3 (three) months
without suspension;
- sentenced to an imprisonment term of more than 6 (six) months
with suspension or probation;
- the subject of an arrest warrant;
- bankrupt, not rehabilitated and whose bankruptcy has been
declared either by a Cameroonian court or by a judgment
rendered abroad and enforceable in Cameroon;
b) through false statements or certificates, registers himself unduly on
an electoral register or who, through the same means, unduly
registers or cancels the na me of a citizen ; ,-;---· ---- -----
P ~ F s t oa-J c E DE LA REPUBLIQ UE
c) upon losing his right to vote, participates in he po1 r ; sE c RETARIATGEN ERAL
SERV! C?.

; ,-;---· ---- -----
P ~ F s t oa-J c E DE LA REPUBLIQ UE
c) upon losing his right to vote, participates in he po1 r ; sE c RETARIATGEN ERAL
SERV! C?.

C'.i FICHIER LEGISLATIF ET REGLEM
d) votes, either by virtue of a false reg istrati n o ccby: œim~ E ~ F f1~i\'i:IP
and capacity of other registered voters ;
e) votes seve rai times, following multiple regis ra 1ons ;
f) charged during an election with receiving and counting the vote of
citizens, subtracts, adds or modifies the ballot papers or includes a
name that is not registered ;
g) through false information, slanderous statements or any other
fraudulent acts, cancels or diverts votes or causes one or severa! voters to abstain from the vote;
h) before or after the poli, failing to comply with legislative or regulatory
provisions or through any ether fraudulent act violates secrecy of the
poli, prejudices its fairness, breaches the conduct of the poli and
modifies the results thereof ;
i) is found guilty of fraudulent acts in the issuance or production of
certificates of registration or striking off from electoral registers ;
45

of ;
i) is found guilty of fraudulent acts in the issuance or production of
certificates of registration or striking off from electoral registers ;
45

j) uses persona! data contained m th;~~ ; -~:ector a i re giste r ·:~or pur~~oses
o ther th an elections ·
k) on poll in g day, with or without vi ol ence, ls found ta be the author or
an accessory of the stealing of a ballot box or any other election
material,
shall be punished with imprisonment of from 3 (three) months to 2 (two)
years or a fine of from CFAF 50 000 (fifty) to CF AF 500 000 (five hundred
thousand) or with bath such imprisonment an d f in e;
(2) Where the author of the offence or hi s accessory is a public servant,
as defined under Section 131 of this Code, he shall be liable to imprisonment
of from 1 (one) to 5 (five) years.

r hi s accessory is a public servant,
as defined under Section 131 of this Code, he shall be liable to imprisonment
of from 1 (one) to 5 (five) years.

-------
FRESIDEI~CE DE LA REF·UBUQUE
SECi1ETARIAT GENERAL
SECTION 123: Corruption and Violence in Elec i (Wt ll•M irfti!!'fi;t EGISLATif ET REG LE I\<r E '
COPIE CER TIFIEE CONFO'"'
Whoever:
a) through menacing gatherings, clameurs or demonstrations, disrupts
election operations or infringes the exercise of the right or freedom to
vote;
b) On polling day, is found guilty of insult or violence against the local
polling commission or any of its members, or through assault or threats,
delays or obstructs election operations;
c) through gifts, generosity, faveurs, promise of public or private
employment or any other specifie benefits offered with the purpose of
influencing the vote of one or severa!

ty, faveurs, promise of public or private
employment or any other specifie benefits offered with the purpose of
influencing the vote of one or severa!

electors, obtains their vote, either
directly or through a third party;
d) directly or through a third party, accepts or requests from candidates
the above-mentioned gifts, generosity, faveurs or benefits;
e) through assault, violence or threats against an elector, either by making
him fear to lose his job or expose himself, his family or fortune to
danger, influences his vote,
shall be punished with imprisonment for from 3 (three) months to 2
(two) years or with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hu nd red thousand) or with bath su ch imprisonment and fine. SECTION 123-1: Weapons du ring Elections
(1) Any persan who enters a polling station with a visible weapon shall
be punished with imprisonment for from 10 (ten) days to 2 (two) months or
with a fine of from CFAF 25 000 (twenty-five thousand) to CFAF 250 000 (two
hu nd red and fifty thousand) or with both such imprisonment and fine. 46

with a fine of from CFAF 25 000 (twenty-five thousand) to CFAF 250 000 (two
hu nd red and fifty thousand) or with both such imprisonment and fine. 46

(2) The ·:'Y'Ipr isonment te rm may be extended to 4 ('fuur) rnonths, and the
fine to CFAF 500 000 (five hundred thousand) if the weapon is hidden. SECTION 12;3 -2 : Political Demonstrations during the Electoral Period
(1) Any activity or manifestation of a political character shall be
prohibited within pub li c establishments as weil as in school and university
establishments. (2) Any infringement of the provisions of Subsection 1 above shall be
punished with imprisonment for from ten (10) days to four (4) months or with
fine of from CFAF 25 000 (twenty-five thousand) to CFAF 250 000 (two
hu nd red and fifty tho usa nd) or with both such imprisonment and fine. SECTION 123-3: Misappropriation of Public Funds in Election Matters
Whoever, acting on his persona! behalf or on behalf of a political party,
uses funds received in the context of public funding for purposes other than
those provided for under the Law relating to the Electoral Code, shall be liable
to with the punishment provided for in Section 184 of the Penal Code.

those provided for under the Law relating to the Electoral Code, shall be liable
to with the punishment provided for in Section 184 of the Penal Code.

SECTION 123-4: Criminal Proceedings in Election Matters
Save in case of flagrante delicto, no criminal proceedings shall be
instituted against a candidate for infringement of any of the provisions of Book
Il Part 1 Chapter 2 (A) of this law before the proclamation of the election
results. 8-CONCERT
SECTION 124: Against the Law, the Operation of a Public Service, or the
Security of the State
(1) Any person in whom is vested any part of public authority, and any
public servant, who with any other such person concerts or determines:
- any measure contrary to law or to any regulation lawfully issued
thereunder; or
- any measure, including collective resignation, designed primarily to
obstruct orto interrupt the carrying on of a public service. Shall be punished with detention for from 6 (six) months to 3 (three)
years. PR.::s:OENCE DE lA REP UBLI QUE
SECRêiAR IAT GENERA L
St: ;~·; -:; :: :: ., :· : ..:;,., ;~ .~ L ~ G ! SLAï iF Eï P-EGLE T, mE
47 CO :o,::; ':ë ~: 7:FJE E COt~FO , E

lA REP UBLI QUE
SECRêiAR IAT GENERA L
St: ;~·; -:; :: :: ., :· : ..:;,., ;~ .~ L ~ G ! SLAï iF Eï P-EGLE T, mE
47 CO :o,::; ':ë ~: 7:FJE E COt~FO , E

(2'l \/Vh ere the concer.- îs between the civil and ~n:l1tarv ~--'~/+·orities. the
pL~nisnment sha !l be 1rnpr~son men t for f ro m -; (one) to "'!0 (teni ye'i:r3. (3) Where the abject of the conceri described in the last preceding
subsection is a felony against the security of the State, the pun ishment shall
be death. C-TRESPASS
SECTION 125: On Legislature
Any public servant who:
a) assumes the exercise of legislative power;
b) refuses to enforce any provision of law,
shall be punished with imprisonment for from 6 (six) months to 5 (five)
years. SECTION 126: By Executive and Judiciary Reciprocally
Whoever:
- being the representative of the executive authority, issues any arder
or prohibition to any Court; or
- being a legal or judicial officer, issues any arder or prohibition to any
execution or administrative authority - shall be punished with
imprisonment for from 6 (six) months to 5 (five) years . . SECTION 127: By Judicial or Particular lmmunities
Any judicial, legal or investigating police officer who prosecutes, arrests
or tries anyone in violation of any law conferring immunity shall be ·punished
with imprisonment for from 1 (one) to 5 (five) years.

osecutes, arrests
or tries anyone in violation of any law conferring immunity shall be ·punished
with imprisonment for from 1 (one) to 5 (five) years.

,--
D - MISUSE OF PUBLIC FO
SECTION 128: Unlawful Use of Force
? R.:: s ; ;:; ~}i CE DE LA REPUBUQUE
SECR~ARIAT GENERAL
GE e:: ::u riCHIER LEG!SLA iiF Eï RE ME. Alf(E
COPie CEx ï iF IEE CO
Whoever requires or orders the intervention or the use of public force
against the enforcement of any provision of law or regulation, or against any
lawful arder, whether judicial or administrative, shall be punished with
imprisonment for from 3 (three) to 10 (ten) years, and with fine of from CFAF
. 20 000 (twenty thousand) to CFAF 200 000 (two hu nd red thousand). 48
1
'

risonment for from 3 (three) to 10 (ten) years, and with fine of from CFAF
. 20 000 (twenty thousand) to CFAF 200 000 (two hu nd red thousand). 48
1
'

Any commander of any public force who does not comply wîth a lawfui
requis iti on for its use by the civil authorities shali be punished with
imprisonment for from 6 (six) months to 2 (two) years
E o A CC ESSORY PENALTIES
SECTION 130 : Forfa itu res
On conviction for any misdemeanour under this Chapter the Court may
impose for from 5 (five) to 10 (ten) years the forfeitures described by Section
30 of this Code. CHAPTER Ill
OFFENCES COMMITTED BY PUBLIC SERVANTS
A -PRELIMINARY
SECTION 131: Definition of Public Servant
For the purposes of any criminal law, a public servant shall include, any
judicial or legal officer, any law official, any employee or official of the State or
of any ether body corporate governed by public law, or of a corporation or
semi-public corporation, of a law official, any Armed Forces or Gendarmerie
serviceman, any employee of the National Security or Prison Administration
and any persan charged, whether continuously or occasionally with any
public duty, mission or task, while acting in the discharge of his office or in
relation to the said office.

her continuously or occasionally with any
public duty, mission or task, while acting in the discharge of his office or in
relation to the said office.

SECTION 131-1: Foreign or International Public Servant
For the purposes of this Code, a foreign or international public official
shall include any appointed or elected legislative, executive, administrative, or
·judicial officer of a foreign country, or of a public international organization,
and any public service employee. of a foreign country or of any ether public
corporate body. ·SECTION 132: Aggravation for Public Servants
(1) Any public servant who uses force to any persan shall be punished,
where no heavier punishment is provided, with imprisonment for fr: rrn six
monthS tO five years. PR~:DENCE DE LA REPUBLIQUE
sECRETARIAT GENERAL
S~KV:CO: :u riCHiER LE GISLA Tif ET RE~ EN A!Rt
49 CO Pi é CER TI FIEE CON tdi<ME

monthS tO five years. PR~:DENCE DE LA REPUBLIQUE
sECRETARIAT GENERAL
S~KV:CO: :u riCHiER LE GISLA Tif ET RE~ EN A!Rt
49 CO Pi é CER TI FIEE CON tdi<ME

(2)The pun!snmem pro~ided oy Sections ~i89 {copying •3ov emm em
papers); 206 (lice nc es and similar documents); 207 (official certificates); 291
( 1) (false arrest); 292 (forced lab our); 299 (invasion of. res idence ); 30 0
(tampering with cor re spondence ); 310 (professional secre cy); 315 ('forged
certificate) shall be dou bled where the offender is a public servant
SECTION 133: Forfeitures, Confiscation and Publicity
(1) Upon conviction for any offence defined in this Chapter, or sentence
under Section 89 of this Code, the Court may impose on the public servant
fou nd guilty the forfeitures described by Section 30 of this Code. Provided that the Court shall be bou nd to impose the forfeitures listed in
Section 30 in the cases covered by Sections 134, 134-1, 135, 136 and 161of
this Code. (2) Where sentence is passed for any offence referred to in Sections
134, 134-1, 135, 136 and 161 of this Code, the Court shall be bou nd to arder
the confiscation provided for in Section 35 and that its judgment be made
known by print, audiovisual and cybernetic media.

t shall be bou nd to arder
the confiscation provided for in Section 35 and that its judgment be made
known by print, audiovisual and cybernetic media.

B- UNDUE ADVANTAGE
SECTION 134: Active Corruption
(1) Any national, foreign or international civil servant or public employee
who, for himself or for a third party, solicits, accepts or receives any offer,
promise, gift or present in arder to perform, refrain from performing or
postpone any act of his office shall be punished with imprisonment of from 5
(five) to 10 (ten) years or with fine of from CFAF 200 000 (two hundred
thousand) to CFAF 2 000 000 (two million). (2) The penalty provided for in Subsection 1 above shall be
imprisonment for from one to 5 (five) years and with fine of from CFAF 100
000 (one hundred thousand) to CFAF 1 000 000 (one million) where the act is
not part of the duties of the corrupt persan but has been facilitated by his
position. (3) Any national or international public official who solicits and accepts
any retribution in kind or in cash for himself or a third party, in remuneration
for an act that has or has not been performed, shall be punished with the
penalties provided for under Sub-section 2 above. -- -- ------..,..~ . P.\=S I D~ê N CE DE LA .~EP U B U Q ..,
SERV I, ~; , , - SeCRETARIAT GEN ER AL
- ·· ~ U riCH IE R lEGISl' •.F t:"T ~ .

n 2 above. -- -- ------..,..~ . P.\=S I D~ê N CE DE LA .~EP U B U Q ..,
SERV I, ~; , , - SeCRETARIAT GEN ER AL
- ·· ~ U riCH IE R lEGISl' •.F t:"T ~ .

CO i"\1 1 "' . ulEM T
PIE CERTIFIEE coifré RME AliiE
50 -

CO i"\1 1 "' . ulEM T
PIE CERTIFIEE coifré RME AliiE
50 -

(4 ) Pen alties provided for und e ~ Subsections 1, 2 a nd 3 sha!! be
do ub! ed wh ere the offender 1s a ,Judicial or Lega l Offic er, a Ju dicia! Police
Officer, a n employee of the institution in charge of t he fight against cor ruptio n,
the head of an administrative unit or any other swo rn public servant or
employee. SECTION 134- 1: Passive corruption
(1) Whoever makes prom is es , offers, gifts and presents or yields to
req uests liable to result in corruption in arder to obtain either th e
performance, postponement or abstention from an act or one of the faveurs
or benefits defined in Section 134 above, shall be punished in like manner as
under Section 134 (1) above, whether corruption produced its effects or not. (2) Whoever makes gifts or presents or yields to requests for
remuneration for an act performed or deliberately not performed shall be
punished with penalties provided for in Section 134 (2) above. SECTION 134-2: Exemption from Criminal Proceedings
ln the application of Sections 134 and 134-1 above, criminal
proceedings shall not be brought against the person approached provided he
reports the acts of corruption to judicial authorities.

4-1 above, criminal
proceedings shall not be brought against the person approached provided he
reports the acts of corruption to judicial authorities.

SECTION 135: lnterest in grant
( 1) Any public servant or government employee who takes or accepts
any interest, direct or indirect:
a) ln any grant, contract or selection of tenders subject to his opinion or
which he supervised, controlled, administered or drew up; or
b) ln any private concern, cooperative or corporation in which the State
has shares, in any authority or concession subject to his supervision or
control; or
c) ln contracts or agreements signed on behalf of the State or a local
authority with a natural person or corporate body; or
d) ln any business for which it is his duty to authorize payment or
liquidation;
COPIE CHniFIEE C
51

ority with a natural person or corporate body; or
d) ln any business for which it is his duty to authorize payment or
liquidation;
COPIE CHniFIEE C
51

shal! be punished with imprisonment for from 1 (one) to ~. 1five) years and
with fine of fror"'" GFAF 200 000 (two hundred thousand) ~·;: -~FAF 2 000 000
(two million). (2) The provisions of this Section shali be app licable to former public
servants as defined in Section 131 of this Code who, with in 5 (five)
years from cessation of duties as a result of resignation, dismissal,
leave, placem ent on reserve or retirement or for any other reason
having any kind of interest in any grant, operation or concern
mentioned above and previously subject to their supervision, control
and administration or for whose payment or liquidation they were
responsible.

ern
mentioned above and previously subject to their supervision, control
and administration or for whose payment or liquidation they were
responsible.

SECTION 135-1: lnsider Trading
Whoever being:
a) a commercial or industrial company manager, or a natural persan, who
by reason of their duties or professions, has insider information on the
situation or prospects of the issuer of stocks and shares whose
tr~nsferrable securities are on the market, performs or knowingly helps
to perform either directly or indirectly, transactions before public
disclosure of such information, with the objective of obtaining an undue
profit;
b) a natural persan who, in the course of his duties or profession, has
access to privileged information on the situation or prospects of the
issuer of stocks and shares whose transferrable securities are on the
market, and who beyond the scope of his ordinary duties of profession,
transmits the information to a third party with a view to obtaining an
undue profit;
c) natural persan, in the exercise of his profession or duties, possesses
privileged information that is considered confidential, .

g an
undue profit;
c) natural persan, in the exercise of his profession or duties, possesses
privileged information that is considered confidential, .

relating to the
implementation of a project by the State, regional and local authority or
any other public corporate body, uses the information to his advantage
or that of a third party so as to delay the envisioned project or to include
additional costs;
shall be punished with imprisonment for from 6 (six) months to 2 (two) years
and with fine of from CFAF 1 000 000 (one million) to CFAF 10 000 0 ten
mi Il i0 n) ; ,. _D"NCE DE LA REPUBLIQUE
PRe:::. \· t: G~NERAL
SECRëiAP.IAl ~ <=T ~c 1: N1f-J1(E
• r ·>- 'F.' · FGI SLAT1f C• ~~ · ~
<r?,, ,. r; "ij ri~· ,1.'- L - ~ '"' t--A
.)C ' 1. ~· · ..., f"'~ ît l -~~l.:;: c( - f\1
COP\tCc;<""" "' >
52
-- . ..

·>- 'F.' · FGI SLAT1f C• ~~ · ~
<r?,, ,. r; "ij ri~· ,1.'- L - ~ '"' t--A
.)C ' 1. ~· · ..., f"'~ ît l -~~l.:;: c( - f\1
COP\tCc;<""" "' >
52
-- . ..

d) The pun ishment sha;~ be d o~.Jble d ·N herr::.' the (/fe.-:c-Jer js c~, ~~;' /l s.-:::vant
or a public empioy-eA as d c-::fined by this :._·;,Jrle
SECTION 135-2: Interference with the Financial Market
(1) Any natural pers an or corporate body wh o:
- rigs the function i ng of the market ;
- gives undue advanta ge to persans who would not have had it under
normal market conditions ;
violates the right to equal information and treatment of investors or
their interests ;
- allows issuers and investors to engage in practices contrary to their
obligations ;
- habitually provides investment services to third parties without
authorization ;
- carries out negotiations or transactions ether than those provided for
by the regulations in force on securities listed on the stock market
without referring to an investment service provider,
shall be punished with fine of from CFAF 500 000 (five hundred
thousand) to CFAF 5 000 000 (five million).

eferring to an investment service provider,
shall be punished with fine of from CFAF 500 000 (five hundred
thousand) to CFAF 5 000 000 (five million).

(2) Any natural persan or corporate body who knowingly propagates
false or deceptive information on the situation or prospects of an issuer
whose securities are on the market such as to influence the priees, or
interfere or attempt to interfere, in any manner, with the proper functioning of
. the market, shall be punished with imprisonment for from 6 (six) months to 2
(two) years or with fine of from CFAF 1 000 000 (one million) to CFAF
10 000 000 (ten million) or with both su ch imprisonment and fine. (3) The accessory penalties provided for in Sections 33, 34 and 35 of
this Code may also be imposed by the competent court. (4) The competent court may, in addition, and if need be, impose a fine
higher than the amounts provided for in Subsection 1 above and up to ten
. fold the profit made. The amount imposed shall not be lower than the said
profit. SERVICE DU ACHIER LEGISlAnf ET R f
PRESIDENCE DE LA REP~BUOUE
SECRETARIAT G!NEIW. COPIE CERTIAEE CONFO E
-53

shall not be lower than the said
profit. SERVICE DU ACHIER LEGISlAnf ET R f
PRESIDENCE DE LA REP~BUOUE
SECRETARIAT G!NEIW. COPIE CERTIAEE CONFO E
-53

SECTION 136: interest in concer. ( 1) Any pers on wh ose duties mciude the supervi sior. o any concerr;
undertaki ng or concession, or the expression of an opinion on its operation s. and who, in any manner, assists or shares in its financing or operation,
shall be punished with imprisonment for from 6 (six) mont hs to 2 (two) years
or with fine of from CFAF 20 000 (twenty th ousand) to CFAF 2 000 000 (two
million) or with bath such imprisonm en t and fine. (2) The like assistance or sharing, except by way of shares inherited,
within 5 (five) years of cessation of such duties shall be punished as provided
for in Subsection 1 above.

sharing, except by way of shares inherited,
within 5 (five) years of cessation of such duties shall be punished as provided
for in Subsection 1 above.

SECTION 136 -1: Prohibited Employment
Any public employee holding administrative functions, whether
temporary or not, of control, supervision, or counseling in a private company
who, before the expiry of a period of 3 (three) years, with effect from the end
of his functions, joins the managerial staff or enters into a contract of
employment with the said company, shall be punished with imprisonment for
from 6 (six) months to 2 (two) years or with fine of from CFAF 20 000 (twenty
thousand) to CFAF 2 000 000 (two million) or with bath such imprisonment
and fine. C- OFFENCES AGAINST THE PUBLIC INTEREST
SECTION 137: Indulgence against the State
Any public servant or public employee who grants exemption from any
fee, due, duty, tax or contribution, or who sells at a lesser priee than that
prescribed, any property of the State, of a cooperative, or of any authority or
corporation either public or subject to the administrative control of the State,
or in which the State holds, whether directly or not, the majority of the shares,
shall be punished with imprisonment for from 2 (two) to 10 (ten) years and
with fine of from CFAF 20 000 (twenty thousand) to CFAF 2 000 000 (two
million).

be punished with imprisonment for from 2 (two) to 10 (ten) years and
with fine of from CFAF 20 000 (twenty thousand) to CFAF 2 000 000 (two
million).

SECTION 138: Failure to Report Deficiency
Any public servant or foreign public employee, having knowledge of any
cash or book deficiency in the accounts of a public employee under his orders
or supervision, and failing to report the deficiency to the legal authorities or to
his immediate superior, shall be punished with im rison _1rom 1 (one
54
P. ,..lDENCE DE LA REPUBLIQUE
SECR8,A.RIAT GE NERAL
:)~ ' l i : · - : u f ;CH iER LE.GiSL A ïif fT R:: ...; LE MEN TA I'RE
.__ OPIE CE !<T :t= !EECONFORME
~..------- · ·~· - -- -···-

CR8,A.RIAT GE NERAL
:)~ ' l i : · - : u f ;CH iER LE.GiSL A ïif fT R:: ...; LE MEN TA I'RE
.__ OPIE CE !<T :t= !EECONFORME
~..------- · ·~· - -- -···-

to 5 (five) years and wit"': fine of fron'"' cr.:· .'\(. :DO 000 (one hu nu red e~j(;Jsand)
"io (;FAF 1 000 000 (one Ti!!ion). SECT~ ON 139: Neglige nt Cu stody
- abstraction, removal or destruction within the meaning of Section
188, shall be punished with imprisonment for from 3 (three) months
to 1 (one) year and with fine of from CFAF 10 000 (ten thousand) to
CFAF 50 000 (fifty thousand) ;
- breach of seals as described by Section 191, shall be punished with
imprisonment for from 6 (six) days to 6 (six) months;
- escape or rescue within the meaning of Section 193, shall be
punished with imprisonment for from 2 (two) months to 2 (two) years. D- OFFENCES AGAINST PRIVATE INTERESTS
SECTION 140: Abuse of function
(1) Any public servant or foreign public employee who takes advantage
of his position to infringe any private right or interest, shall be punished with
imprisonment for from 1 (one) to 3 (three) years or with fine of from CFAF
5 000 (five thoLisand) to CFAF 50 000 (fifty thousand) or with both such
imprisonment and fine.

m 1 (one) to 3 (three) years or with fine of from CFAF
5 000 (five thoLisand) to CFAF 50 000 (fifty thousand) or with both such
imprisonment and fine.

(2) Where the offence is committed with ·the intent to procure to the
offender or to another any
gain of any kind, imprisonment, shall be for from 2 (two) to 10 (ten) years and
with fine of from CFAF 50 000 (fifty thousand) to CFAF 1 000 000 (one
million). SECTION 141: Against Civic Rights
Any public servant who obstructs the exercise by a citizen of his
electoral rights, or his exercise or enjoyment of the rights mentioned in
Section 30 (1 ), (2), (4) or (5) of this Code, shall be punished with
imprisonment for from 1 (one) to 5 (fîve) years. 55

t of the rights mentioned in
Section 30 (1 ), (2), (4) or (5) of this Code, shall be punished with
imprisonment for from 1 (one) to 5 (fîve) years. 55

Any public servant or public employee, notary public, public auctioneer,
bailiff or process server or representative of any such, who demands any fee,
due, duty or tax which is not due, or any material benefit otherwise than on
payment of the proper priee, shall be punished with im prisonment for from 2
(two) to 10 (ten) years and with fine of from CFAF 200 000 (two hu nd red
thousand) to CFAF (two million). SECTION 143: Favouritism
(1) Any public servant who decides between parties based on faveur or
ill will shall be punished with imprisonment for from 1 (one) to 5 (five) years. (2) Where that persan is a judicial and legal officer or an administrative
SECTION 144: Forgery of Official Act
(1) Any public servant or public employee who falsely makes or alters,
whether in its substance or in the dates or signatures of the parties or
witnesses, any deed entry or ether writing which it is his duty to draw up,
record, certify or serve, shall be punished with imprisonment for from 10 (ten)
to 20 (twenty) years and with fine of from CFAF 300 000 (three hundred
thousand) to CFAF 3 000 000 (three million).

ith imprisonment for from 10 (ten)
to 20 (twenty) years and with fine of from CFAF 300 000 (three hundred
thousand) to CFAF 3 000 000 (three million).

(2) Whoever uses such document shall be punished as provided for in
Subsection (1) above. ?~ :~ iù ê i'iCE DE LA IŒPUBUOUE
SECRSA.RIAT GENERAL
E ~ CULPABLE ABSTENTI ~ N V:C.: 0U riCiilEi1 LEGISLATIF ET R~G~E T E
COP!E CERïlFIEë COHF · ME
SECTION 145: Failure to Suppress Riot
. Any public servant who, having the power, the duty and the means so to do,
refrains from dispersing a riot within the meaning of Section 232 of this Code,
shall be punished with imprisonment for from 3 (three) months to 2 (two)
years. SECTION 146: Failure to Protect Private Rights
Any civil servant, who, having the power, the duty and the means soto
do, refrains from preventing the use of force against any persan, or his
deprivation of liberty or any obstruction to the exercise of his civic or
56

do, refrains from preventing the use of force against any persan, or his
deprivation of liberty or any obstruction to the exercise of his civic or
56

individ tai ri g hts within the mea ning of Section 14 ·: of thi~. Code, shall be
punished as an accessory
SECTI ON 147: Deniai of Justice
Any pers an exercising judicial functions w ho declines, after having been
duly mo ved in that behalf, to issue a decision, sha ll be punished with
imprisonment for f rom 3 (three) months to 2 (two) years . SECTIO N 148: Refusai of Service
Any public servant, notary public, public auctioneer, bailiff or process
server who, having been lawfully required, refrains from performance of any
duty of his office, shall be punished with imprisonment for from 3 (three)
months to 2 (two) years. SECTION 149: Neglect of Preliminaries to Marriage
(1) Any registrar of births, marriages and deaths who registers a
marriage celebrated by himself:
a) without checking that ali consents required for its validity have been
given; or
b) before the expiry of su ch ti me as may be prescribed in case the wife
has already been married,
shall be punished with imprisonment for from 3 (three) months to 1 (one) year
and with fine of from CFAF 5 000 (five thousand) to CFAF 70 000 (seventy
thousand).

nished with imprisonment for from 3 (three) months to 1 (one) year
and with fine of from CFAF 5 000 (five thousand) to CFAF 70 000 (seventy
thousand).

(2) The consequences of the irregularity in civil law shall be immaterial
to the applicability of this Section. -------
.::., :::~ct: DE LA REPUBLIQUE
• • • • s:: -:;;;::;..:<iAT GENEP.Al
SECTION 150: Keeptng of Ctvtl Status Regtste sc. ··--- -- - .-:: . : ;f ,~ L EG ; sL\T i FETREGL EM
COF:E CERTiFIEE CONFO E
(1) Any civil status registrar who:
a) makes any entry elsewhere than in the registers prescribed for that
purpose or fails to make such entries ;
b) having received a birth or death declaration fa ils to register it ;
c) celebrates a marriage for which he is not territorially competent ;
d) makes an entry other than those provided for ;
e) knowingly registers a marri age for which banns were not published or to
which the impediment raised has not been lifted ;
57

those provided for ;
e) knowingly registers a marri age for which banns were not published or to
which the impediment raised has not been lifted ;
57

f) registers â CUS to mary r;,arri aae Whîch f 181S nut !)een Certifie(! __., rne; v . customarv h eads of th;::~ :'tt\iO sp ouses. '
shall be punished with imprlsonment for from i (one; to 3 (three) rnonth s
and with fine of from CFAF 2 000 (two thousand) to CFAF 40 000 (forty
thousand). (2) Whoever, though bound by law to declare a vital event, and for no
legitimate reason, fails to do so, or makes a false or inaccurate declaration,
shall be punished as provided for in Subsection 1 above. SECTION 151: Persistent Neglect
(1) Any public servant or private sector employee whose persistent
neglect or obstruction is the cause of procrastination, delay or confusion, or
who persistently refrains from performing any duty of his office shall be
punished with imprisonment for from 3 (three) months to 2 (two) years and
with fine of from CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred
thousand). (2) Proceedings may be instituted only upon the prior complaint of his
superior.

CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred
thousand). (2) Proceedings may be instituted only upon the prior complaint of his
superior.

A- CONTEMPT AND ASSA
SECTION 152: Contempt
(1) A contempt shall mean any defamation, abuse or threat conveyed
by gesture, ward or cry uttered in any place open to the public, or by any
procedure intended to reach the public. (2) The exceptions defined by Section 306 shall be applicable to
contempt. (3) Prosecution shall be barred by the lapse of four months from
commission of the offence or from the last step in preparation or prosecution. SECTION 153: Contempt of President
( 1) Whoever commits a conte rn pt of the President of the Republic or
any persan exercising the whole or a part of their prerogatives, or of any
foreign Head of State shall be punished with imprisonment for from 1 (one) to
58

ersan exercising the whole or a part of their prerogatives, or of any
foreign Head of State shall be punished with imprisonment for from 1 (one) to
58

5 (fi ve) years or with fine of fron CFAF 20 000 (twenty tho usa nd) :o CFAF
20 000 000 (t w en~y million/ or with bath ·:,.;ch im pr ison ment and fine. (2) Whoever commits a contempt of any foreign Head of Government,
or of any minister in ch arge of foreign affairs of a foreign Governmen t, or of a
diplomatie representati ve accredited to the Government of the Repu bl ic shall
be punished with imprisonment for fr om 6 (six) months to 2 (two) years or
with fine of from CFAF 20 000 (twenty thousand) to CFAF 20 000 000 (twenty
million), or with both such imprisonment and fine. ~~- -- -~ ~: ~~;:DE LA REPUBUOUE
(3) The truth of the defamatory matter ay névé f:~ê;pr;;~~~L .. .r
:~ ::~· ; ·:....: ' . ~ ; : ~ ::.. r~,;~:-!

fine. ~~- -- -~ ~: ~~;:DE LA REPUBUOUE
(3) The truth of the defamatory matter ay névé f:~ê;pr;;~~~L .. .r
:~ ::~· ; ·:....: ' . ~ ; : ~ ::.. r~,;~:-!

Li:GiSLA !i; · Eï RE~ L c f'I, E
SECTION 154: Contempt of Public Bodies nd POb i T~ ·; s ~~~ N FO ,
(1) Whoever commits a contempt:
a) of any Court, of any of the armed forces, or of any public body or
public administration; or
b) in relation to his office or position, of any Member of Government or
of Parliament, or of any public servant;
shall be punished; unless, in the case of defamation, he proves the truth of
the defamatory matter, with imprisonment for 3 (three) months to 3 (three)
years, or with fine of from CFAF 100 000 (one hundred thousand) ta CFAF
· 2 000 000 (two million), or with bath such imprisonment and fine. (2) Whoever, whether in speech or in writing intended for the public,
incit~s to revoit against the Government or institutions of the Republic shall
be punished with the penalties provided in subsection (1) above. SECTION 155: Where not Public
Where any defamation, abuse or threat has been committed otherwise
than publicly against any persan defined by either of the last two foregoing
Sections; the punishment whether of loss -of liberty or of fine, shall be halved.

licly against any persan defined by either of the last two foregoing
Sections; the punishment whether of loss -of liberty or of fine, shall be halved.

SECTION 156: Assault on Public Servant
(1) Whoever uses force on a public servant or otherwise interferes with
him, shall be punished with imprisonment for from 1 (one) month to 3 (three)
years and with fine of from CFAF 5 000 (five thousand) to CFAF 100 000
(one hu nd red thousand). (2) Where the force or interference is premeditated, or where it results,
intentionally or otherwise, in harm within the meaning of Sections 277 or 280
59

Where the force or interference is premeditated, or where it results,
intentionally or otherwise, in harm within the meaning of Sections 277 or 280
59

of th is Code, the punishrnen t shal! be irnpnso nme nt 'for from 5 (five) tn 10
· f. ... ~ ..... '--A' ,-- "0 ··,·v ·· ~~ · · ··~- ·""an""\ '(0 .....,, '' r-
(ten} \tears, and me or ·rroM l..., \- . 1- L,; '. ·v; , .vvemy [;lOU::, U .J .,j r· :=\ r
500 000 (five hundred thousand). (3) T he Court may in any case impose the forfeitures described by
Section 30 of this Code. (4) Where the force or interference results unintentionally in death, the
punishment shall be imprisonment for fife. (5 ) Where the force or interference is in tended to cause death th e
punishment shall be death. 8- RESISTANC E
SECTION 157: Resistance
( 1) Whoever:
a) by any means whatever incites to the obstruction of the execution of
any law, regulation, or lawful arder of the public authority;
b) by force or ether interference obstructs the performance of lawful,
duty by any persan engaged in the execution of any law, regulation,
decision in the administration of justice or other lawful order shall be
punished with imprisonment for from 3 (three) months to 4 (four) years.

tion,
decision in the administration of justice or other lawful order shall be
punished with imprisonment for from 3 (three) months to 4 (four) years.

(3)1n the case provided under subsection 1 (b) above, the punishment,
shall be for from 1 (one) to 5 (five) years if the offender or any co-offender is
armed. SECTION 158: Collective Resistance
(1) Where the offence defined in the last foregoing Section is committed
by 5 (five) or more persans together the punishment shall be imprisonment
for from 1 (one) to (3) three years, and where at least 2 (two) of them openly
bear artns the imprisonment shall be for from 5 (five) to 15 (fifteen) years. (2) Any co-offender who himself bears arms, open or concealed, shall
be punished with imprisonment for from 5 (five) to15 (fifteen) years. 60

) years. (2) Any co-offender who himself bears arms, open or concealed, shall
be punished with imprisonment for from 5 (five) to15 (fifteen) years. 60

' ' ........ --------- -----
:. ~ -~: -::-~~~ ~DE LA REPUB UQUt:
SECTION 15~ : - Political Res i ~ t ance ( repeaJie ), --· ---·~E~ R~ARIATCENERA L
:;ëK, .- :;; :., ',; ;' ,CHIEi: LE G iSLA TIF ET REGL NT t
.C OP',c r~t , ' ',FI EE CONF. ME
C ~ IN FLUE N CE AND F AUu '" ·- ' . ~ : Compulsion of Public Servant. Whoever by interference or threat procures a public servant improperly
to perform or ta refrain from any act of his office, shall be punished with
im prisonment for from 2 (two) to 10 (ten) yea rs and with fine of from CFAF
20 000 (twenty thousa nd) to 1 000 000 (one milli on ). SECTION 161: Procuring Influence. (1) Whoever by assault or threat or by gift or promise corrupts a persan
having any influence, real or supposed, with interest to procure any
advantage from any public authority, shall be punished in like manner as
under Section 160.

influence, real or supposed, with interest to procure any
advantage from any public authority, shall be punished in like manner as
under Section 160.

(2) Any public servant or public employee who for himself or a third
party solicits, receives or accepts any offer, promise or gift ta procure any
advantage from any public authority or body placed under the control of the
public authority, any contract, operation or ether benefit arising from
agreements concluded with pubic authority or a body placed under the control
· of thé public authority and in this way taking undue advantage of the real or
supposed influence that his status or office has conferred upon him shall be
punished in like manner as under Section 160 of this Code. SECTION 162: Misleading Public Servant. (1) Whoever by any false statement influences the conduct of a public
servant shall be punished with imprisonment for from 15 (fifteen) days to 3
(three) months and with fine of from CFAF 5 000 (five tho usa nd) to CFAF
50 000 (fifty thousand). (2) Where the statement is a report relating to the registration of any
birth, marri age or death, the imprisonment shall be from 3 (three) months to 3
(three) years. (3) Where the statement is made on oath the imprisonment shall be
from 1 (one) to 5 (five) years.

t shall be from 3 (three) months to 3
(three) years. (3) Where the statement is made on oath the imprisonment shall be
from 1 (one) to 5 (five) years.

(4) Whoever by any means procures the entry in the criminal record of
any one persan of the conviction of any ether shall be punished with
imprisonment for from 1 (one) to (5) five years. 61

try in the criminal record of
any one persan of the conviction of any ether shall be punished with
imprisonment for from 1 (one) to (5) five years. 61

{5) Whoever by any rneans procures the improper issue to hnnseJ of an
extract from the criminal record of another pers an shall be p ·nblïed vvith
imprisonme nt for from 1 (one) month to 1 (one) year. SECTION 163: Fraud at Examinations
Whoever commits any fraud at an examination or competition with
intent thereby to procure his entry into any public service, or any degree
certificate or qualification issued by the State or by a public service, whether
national or foreign shall be punished with imprisonment for from 1 (one)
month ta 3 (three) years or with fine of from CFAF 25 000 (twenty-five
thousand) ta CFAF 2 000 000 (two million), or with bath such imprisonment
and fine. SECTION.163 - 1: Corruption in administrative competitive examinations
or other examinations
(1) Whoever, through corruption facilitates the success or causes the
failure of a candidate in an administrative competitive examination or other
examinations shall be punished with imprisonment for from 2 (two) to 5 (five)
years or with fine of from CFAF 200 000 (two hundred thousand) to CFAF
2 000 000 (two million) or with both such imprisonment and fine.

o) to 5 (five)
years or with fine of from CFAF 200 000 (two hundred thousand) to CFAF
2 000 000 (two million) or with both such imprisonment and fine.

(2) Whoever through corruption declares successful one or more
candidates who did not sit for an examination shall be punished as provided ·
for in Subsection 1 above. D - PERVERSION OF JUSTICE
SECTION 164: Perjury
(1) Whoever in any proceeding gives on oath or affirmation false
evidence capable of influencing the decision, shall be punished, where he
may no longer alter it:
a) Where the proceeding terminates in an arder of discharge, with
imprisonment for from 3
(three) months to 1 (one) year and with fine of from CFAF 5 000 (five
thousand) to CFAF 50 000 (fifty thousand);
b) Where the proceeding is a cri minai trial and the charge is:
- of simple offence, with imprisonment for from 6 (six) months to 3 (three)
years and with fine of from CFAF 5 000 (five thous ~.C FAF
100 000 (one hu nd red thousand);
62

with imprisonment for from 6 (six) months to 3 (three)
years and with fine of from CFAF 5 000 (five thous ~.C FAF
100 000 (one hu nd red thousand);
62

~ of misdemeanour, witt-i ;;'"";i;; is• l'Tient for from one ~i) 5 (4=htej years ~~ l •J
with fine of from CFP.~=·: <· no; i <'ten thousand) ~r; <:F/l.F 500 OOC J · :. hundred thousand);
- of felony, witt1 imprisonment for from 5 (five) to 10 (ten) years and with
fine of from CFAF 50 000 (fifty thousand) to CFAF 2 000 000 (two
mi llion);
- of felony punishable with death, with imprisonment for !ife. c) ln the case of any other proceedi ng with imprisonment for from 1 (one)
to 5 (five) years and with fine of from CFAF 10 000 (ten thousand) to
CFAF 500 000 (five hundred thousand). (2) Where the false witness has received any gift or accepted any promise,
any penalty of limited duration and any fine shall be doubled, and any such
gift shall be confiscated. {3) Any interpreter who in any proceeding distorts the meaning of any
words or writing which he is bound to translate shall be punished in like
manner as if he had committed perjury. SECTION 165: False Expert Report
An expert referee making a false report which he may no longer alter
shall be punished as provided by Section 164 (2).

ECTION 165: False Expert Report
An expert referee making a false report which he may no longer alter
shall be punished as provided by Section 164 (2).

SECTION 166: False Oath
Any party to judicial proceedings other than criminal who swears falsely
to any point the truth of which has been committed to his oath shall be
punished with imprisonment for from 1 (one) to 5 {five) years and with fine of
from CFAF 10 000 (ten thousand) to CFAF 500 000 (five hu nd red thousand). SECTION 167: Concealment of Proceeding
Any party to judicial proceedings who keeps his opponent, by any false
pretence within the meaning of Section 318 (1) (c), in ignorance of any step
against him shall be punished with imprisonment for from 3 (three) months to
2 (two) years or with fine of from CFAF 20 000 (twenty thousand) to CFAF
1 000 000 (one million) or with bath su ch imprisonment and fine. SECTION 168: Concealment and Fabrication of vidèffèfi NCE DE LA R c: ru a uo u ~"
SECK2ïARIAi GENE~AL
(1) Whoever with intent to influence any judie ; [ ~~~~~~~LA~;ErRE~R: Afl<E
-63

brication of vidèffèfi NCE DE LA R c: ru a uo u ~"
SECK2ïARIAi GENE~AL
(1) Whoever with intent to influence any judie ; [ ~~~~~~~LA~;ErRE~R: Afl<E
-63

destroys or conceals any pr--.ys:ca: evidence 01 obstructs tho
attendance of a witness; or
- fabricates or uses false physical evidence or misleads a witness;
shall be punished in like manner as if he h ad committed perjury, accordi ng to
the distinctions drawn by Sect ion 164. (2) Whoever obtains from any pers an a promise not to report a felony or
misdemeanour, or not to give evidence, shall be punished in like manner. Provided that this subsection shall not apply to a promise obtained without
the aid of the means described by Section 161 from the victim of a
misdemeanour or his legal representative. SECTION 169: Prejudicial Comment
(1) Whoever refers publicly to any judicial proceeding not yet terminated
by final judgment in a mannar liable to influence, whether intentionally or not,
the opinion of any persan for or against any party, shall be punished with
imprisonment for from 15 (fifteen) days to 3 (three) months and with fine of
from CFAF 10 000 (ten thousand) to CFAF 100 000 (one hundred thousand). (2) Nothing in this Section shall apply to an account in good faith of
proceedings in open Court.

en thousand) to CFAF 100 000 (one hundred thousand). (2) Nothing in this Section shall apply to an account in good faith of
proceedings in open Court.

(3) Where the offence is committed through the print media, radio or
television, the imprisonment shall be from three months to two years and the
fine from one hundred thousand to five million francs. SECTION 170: Forfaitures ;.·;~E:. ; J ï;N C ë ùE A REl Ua!JQUE
s:: : .;; ë:"Ai?IAi GtNtMl
SG ;\ '/ ,Cl · ·~ i ::-; · ~ .-i r f: ;..: L::'::;;SlATi / tl RE:2.' : N f f
Cl') ·· • -: r - ::>-r •::• - E CON ~v rl'- \,..;t ,, t, . 1t KMtl
Upon conviction under any of the last five fo egoing Sections ~t e C urt
may impose the forfaitures described by Section 3Cl!:tf.:ttlis:ecœ:==:;:::;;;J
E- REFUSAL TO ASSIST JUSTICE
SECTION 171: Non-Intervention
Whoever being able soto do by his own immediate action and without
risk to himself or to any other person, refrains from preventing the
commission of any felony or of a misdemeanour against the bodily integrity of
any persan, shall be punished with imprisonment for from 1 (one) month to 3
64

sion of any felony or of a misdemeanour against the bodily integrity of
any persan, shall be punished with imprisonment for from 1 (one) month to 3
64

(three) vears or with ·fine of from SF J\F 2i0 DOO 1twenty thousand) :r : ·- nf
'! 000 ()i'}0 (one million) or wiH: ooth Si.;Gh iry-:;,:·"sr·rH~ ...-;;':t and fine
SECTION. 172 : Refusai to Clear
Whoever, being able so to do without incriminating himself, his spouse,
or any ascendant or descendant, refrains from co mmunicating, to the judicial
or police authorities, evidence of the innocence of any pers on in custody
awaiting trial for felony or misdemeanour, or, notwithstanding that the
judgment may not be final, convicted of felony or misdemeanour, shall be
punished with imprisonment for from 1 (one) month to 3 (three) years or with
fine of from CFAF 20 000 (twenty thousand) to CFAF 1 000 000 (one million)
or with bath such imprisonment and fine. SECTION 173: Defaulting Witness
(1) Any persan regularly summoned as a witness in any proceeding
who without just cause fails to appear or declines to take oath or to affirm, or
to give evidence, shall be punished with imprisonment for from 6 (six) days to
3 (three) months and with fine of from CFAF 1 000 (one thousand) to CFAF
50 000 (fifty thousand).

punished with imprisonment for from 6 (six) days to
3 (three) months and with fine of from CFAF 1 000 (one thousand) to CFAF
50 000 (fifty thousand).

(2) Whoever, having publicly referred to a felony or misdemeanour and
publicly proclaimed his knowledge of the offender or of his accessories,
refuses to answer or evades the questions on such point of the judicial or
legal officer having jurisdiction, shall be punished with imprisonment for from
6 (six) days to 1 (one) year or with fine of from CFAF 20 000 (twenty
thousand) to CFAF 400 000 (four hundred thousand), or with both such
imprisonment and fine. SECTION 174: Defaulting Expert
Any persan whose assistance has been regularly required as expert,
medical practitioner or interpreter by any judicial or legal authority and who
without just cause declines to furnish it shall be punished with fine of from
CFAF 20 000 (twenty thousand) to CFAF 500 000 (five hundred thousand). SECTION 175: Defaulting Juror or Assessor
Any persan summoned as jurer or assessor who without just cause fails
to appear or to take oath or to affirm as required by law or withdraws before
the termination of his duties, shall be punished with imprisonment for 6 (six)
days to 3 (three) months and with fine of from CFAFS 000 (five thousand) to
~-------- ~-------- ~
CFAF 50 000 (fifty thousand).

prisonment for 6 (six)
days to 3 (three) months and with fine of from CFAFS 000 (five thousand) to
~-------- ~-------- ~
CFAF 50 000 (fifty thousand).

PR=s :ù EN CEDE LA Rt:Pu su auE
65
SEC;(EiARI AT GEN ERAL
SEC: 'Ii C c: : '.i ï: '.::H!~i< LéGiSLATi:' ET ~E:?,LE M •
COP iE CER Ti FI EE CO NFO E

PR=s :ù EN CEDE LA Rt:Pu su auE
65
SEC;(EiARI AT GEN ERAL
SEC: 'Ii C c: : '.i ï: '.::H!~i< LéGiSLATi:' ET ~E:?,LE M •
COP iE CER Ti FI EE CO NFO E

Whoever falsely excus es himself under any of t he last three foregoing
Sections, shall be punished with imprisonment for from 1 (one) to 3 (three)
months. F- DISOBEDIENCE TO JUDICIAL ORDERS
SECTION 177: Banned R esid ence
Whoever appears in any place from which he has been banned, or
removes from any place to which he has been restricted, under Section 42 of
this Code, shali be punished with imprisonment for from 1 (one) month to 1
(one) year. SECTION 178: O ther Penalties and Measure s
Whoever:
a) follows an occupation which has been forbidden him under Section 36
of this Code; or
b) reopens any pre mises closed under Section 34 of this Code; or
c) infringes any forfeiture or obligation not covered by the last foregoing
Section which has been imposed upon him under Sections 31, 41 or 42
shall be punished with imprisonment for from 15 (fifteen) days to 6 (six)
months and with fine of from CFAF 10 000 (ten thousand) to CFAF
100 000 (one hu nd red thousand).

h imprisonment for from 15 (fifteen) days to 6 (six)
months and with fine of from CFAF 10 000 (ten thousand) to CFAF
100 000 (one hu nd red thousand).

SECTION 179: Custody of Minor
(1) Whoever fa ils to return a mi nor to the persan to whom his custody
has been granted by arder, whether permanent or temporary, of a Court, shall
be punished with imprisonment for from one 1 (one )month to ( 1) one year and
with fine of from CFAF 5 000 (five thousand) to CFAF 1 000 000 (one
. million). (2) Where the offender has been deprived of parental power, the
imprisonment may extend to 3 (three) years. PR:~ : JëNCE DE LA REPUBLIQUE 1
r e, . ___ . $ECi<::"TAi~iAT GE NE? AL
"c . ' ·- : -~ ~: :-.'~ ;~ : ~ .~ LêGi SlAïi ;·' ET ~c . LEM 'TA;r(E
CGf·i .: CE~T n :!EE C
66

LA REPUBLIQUE 1
r e, . ___ . $ECi<::"TAi~iAT GE NE? AL
"c . ' ·- : -~ ~: :-.'~ ;~ : ~ .~ LêGi SlAïi ;·' ET ~c . LEM 'TA;r(E
CGf·i .: CE~T n :!EE C
66

(1) Whoever lets pass two months without paying in full any
maintenance which he has been ordered by a Court to pay to his spouse,
asce nd ant or descendant, shall be pun ished with imprisonment for from 1
(one) month to 1 (one) year or with fine of from CFAF 20 000 (twenty
thousand) to CFAF 400 000 (four hundred thousand) or with bath such
imprisonment and fine. (2) Any such default shall be presumed to have been intentional, save
otherwise proven. However, any inability to pay arising from drunkenness or
other habituai misconduct shall under no circumstances serve as a defence
for the debtor. SECTION 180 -1: Survivor's Pension
Whoever deprives a surviving spouse or orphans from benefitting from
the survivor's pension to which they are entitled shall be punished as
provided for in Section 180 (1) above. SECTION 181: Willful lnsolvency
Whoever after the decision of any Court, final or otherwise, ordering
payment of a sum of money, contrives to be insolvent shall be punished with
imprisonment for from 1 (one) to 5 (five) years . .

or otherwise, ordering
payment of a sum of money, contrives to be insolvent shall be punished with
imprisonment for from 1 (one) to 5 (five) years . .

SECTION 181 -1: Refusai to enforce a court judgment that has become
final
(1) Whoever refuses to enforce a court judgment that has become final
.shall be punished with imprisonment for from 1 (one) to 5 (five) years. (2} Whoever obstructs the enforcement of a court judgment that has
become final without referring to the judge in charge of enforcing court
judgments shall be punished as provided for in Subsection ( 1) above. Where the offender is a public servant as defined by Section 131 of this
· Code, criminal prosecution shall not bar disciplinary proceedings. (3) Where the offender is a corporate body, as defined in Section 74-1
of this Code, the penalty shall be a fine of from CFAF 200 000 (two hundred
thousand) to CFAF 10 000 000 (ten million}. 67

as defined in Section 74-1
of this Code, the penalty shall be a fine of from CFAF 200 000 (two hundred
thousand) to CFAF 10 000 000 (ten million}. 67

Whoever with n 3 (three) rnonths of execution of or submission to an
arder against him for possession of any immoveable property retakes
possession from the party to whom it ha s been awarded by the Court shail be
punished with imprisonment for from 15 (fifteen) da ys to 6 (six) rnonths. G -OBSTRUCTION OF PUBLIC SERVI CE
SECTION 183: Refusai of Tax
(1) Whoever by any means organizes a collective refusai to pa y any tax
shall be punished with imprisonment for from 3 (three) months ta 2 (two)
years and with fine of from CFAF 200 000 (two hundred thousand) ta CFAF
2 ooo 000 (two million). (2) Whoever instigates the public ta refuse or ta delay the payment of
any tax shall be punished with imprisonment for from 6 (six) months to 1
(one) year and with fine of from CFAF 50 000 (fifty thousand) ta CFAF
1 000 000 (one million).

punished with imprisonment for from 6 (six) months to 1
(one) year and with fine of from CFAF 50 000 (fifty thousand) ta CFAF
1 000 000 (one million).

·SECTION 184: Misappropriation of Public Property
(1) Whoever, by whatever means, fraudulently takes or keeps any
property, movables or immovables belonging to, destined or entrusted to the
State, cooperative, council or public establishment under the supervision of
the State or in which the State directly or indirectly holds the majority of the
shares shall be punished:
a) where the value of the property exceeds CFAF 500 000 (five hundred
thousand) francs with imprisonment for life;
b) where the value of the property is above CFAF 100 000 (one hundred
thousand) but below or equal to CFAF 500 000 (five hundred)
thousand, with imprisonment of from 15 (fifteen) to 20 (twenty) years;
c) where the value of the property is less than or equal to CFAF 100 000
(one hu nd red thousand) with imprisonment for from 5 (five) to 10 (ten)
years and with fine of from CFAF 50 000 (fifty) to CF AF 500 000 (five
hundred thousand). (2) The penalties provided in subsection 1 above may not be reduced by
mitigating circumstances respectively below 10 (ten}, 5 (five) or 2 (two) years
and a suspended sentence may not be granted .

ve may not be reduced by
mitigating circumstances respectively below 10 (ten}, 5 (five) or 2 (two) years
and a suspended sentence may not be granted .

.--;:.-· :<::-~:DENCE DE LA REPUBLIQUE
S çrt~ETARIAT GENE~AL
·--" - '' ENT E
S<:2 'JiC :::; u ~:ChiE:X LEGiSLA tiF ET ~EG ·
CO ?\ é C':RTirltE CO•' RME
.Y
68

· :<::-~:DENCE DE LA REPUBLIQUE
S çrt~ETARIAT GENE~AL
·--" - '' ENT E
S<:2 'JiC :::; u ~:ChiE:X LEGiSLA tiF ET ~EG ·
CO ?\ é C':RTirltE CO•' RME
.Y
68

(3) \Nhere Section 87(2) of this ;~~od~:? is applicable, the rn;rwnurn
punishment may be 5 {five) years, 2 lhf\•;_ ·,\ years and 1 (one) year and
execution may not be suspended except in case of diminished responsibility
of infancy. (4) Confiscation un der Section 35 of this Code shall be ordered in every
case and the forfaitures described in Section 30 sh all be imposed for from 5
(five) ta 10 (ten) years. (5) Publication of the ju dgment shall be ordered . ;- .::::2:) êHCC DE LA REPUBUQUE
St~: · v' : C .: .:·.:,., r:., r,:.,. -d r..~ u: ....";·:Sl.!, ·.-;;: ET:(::~:· ENT E
(6) This Section shall not apply ta misappr priatœn:i: an(i:L:: n:~: · ·.- QEo{
military property covered by the military justice cod s. ~
SECTION 185: Disturbance
Whoever disturbs the operation of any public service to which he does
not belong shall be punished with imprisonment for from 6 (six) days to 1
(one) month or with fine of from CFAF 1 000 (one thousand) to CFAF 50 000
(fifty thousand).

l be punished with imprisonment for from 6 (six) days to 1
(one) month or with fine of from CFAF 1 000 (one thousand) to CFAF 50 000
(fifty thousand).

SECTION 186: Resistance to Works
Whoever by assault or threat resists the carrying out of any works
lawfully ordered or authorized by public authority, or who destroys, conceals
or removes any boundary mark thereto appertaining, shall be punished with
imprisonment for from 3 (three) months to 2 (two) years and with fine of from
CFAF 10 000 (ten thousand) to CFAF 50 000 (fifty thousand). SECTION 187: Damage to public or protected property
Whoever destroys or defaces any monument, statue or ether property
dedicated to public use or adornment and erected by public authority or by
leave of the said authority, or any protected immovable or movable abject or
natural feature or site, shall be punished with imprisonment for from 1 (one)
month to 2 (two) years and with fine of from CFAF 20 000 (twenty thousand)
to CFAF120 000 (one hundred and twenty thousand). SECTION 187-1: Offences relating to National Cultural and Natural
Heritage
1) Whoever:
- unlawfully exploits or exports the natural and cultural property of the
State and carries out any other activity that devalues it;
69

ge
1) Whoever:
- unlawfully exploits or exports the natural and cultural property of the
State and carries out any other activity that devalues it;
69

\ \
refusBs to include in the :nvGn· ory ·x to :-::-;cord movables and
imrnovables belonging to the State, reg ional and local authorities or to
any natural persan or corporate body and, that from a historical, artistic,
philosophica l, scientific, technical or touristic perspective, has value that
makes it worthy of preservation ;
- refuses to classify or declassifies a cultura l and natural property
belonging to the State;
- disposes of the classified property either grat t~;~mro PL@~~ ~ Buau _....,
- posts notices or installs advertisement
monument;
. "'' C'(EiARIAi GENE A •
~9MIP.OO ~Î. R LteiiDA TtF. · a : fieQtE
COPi<: Cc? Tlfl !:=~ NFOR E
- experts any classified or to-be classified pr ~~~~~ffi:~tm:~ ~
temporary exportation
au thorization issued by the competent authority,
shall be punished with imprisonment for from 6 (six) months to 2 (two)
years and with fine of from CFAF 100 000 (one hundred thousand) to
CFAF 3 000 000 (three million).

ith imprisonment for from 6 (six) months to 2 (two)
years and with fine of from CFAF 100 000 (one hundred thousand) to
CFAF 3 000 000 (three million).

2) Whoever, without the authorization of the competent authority:
- destroys, depreciates, transforms or excavates, disposes of or pollutes
any cultural property;
- displaces or transfers ownership of a to-be classified property and
carries out any work ether than routine maintenance or ordinary
exploitation;
- destroys or carries out restoration or conversion works on classified
property;
- erects buildings or creates easements on classified property;
- carries out archaeological excavations and explorations of classified or
to-be classified sites;
- experts non-classified property, in particular, antique,
shall be punished with the penalties provided for in Subsection 1 above. SECTION 188: • Removal and Destruction of Public Records
(1) Whoever abstracts, removes or destroys any document in the
custody of any public authority shall be punished with imprisonment for from 1
(one) to 5 (five) years and w~th fine of from CFAF 10 000 (ten thousand) to
CFAF 200 000 (two hundred thousand). (2) Whoever destroys or damages any register, record or ether original
document of any public authority shall be punished with imprisonment for
70

d). (2) Whoever destroys or damages any register, record or ether original
document of any public authority shall be punished with imprisonment for
70

fr om 5 (five) to 10 (ten) years and with fine of from CF Af 25 000 (twenty-five
thousand ) to CFAF 200 000 (two hundred thousand). SECTION 188-1 : Removal and Misap pro priation of Public or Private
Records
Whoever removes or misappropriates public or private records to which he
has access by virtue of hi s duties sha ll be p un ished as provided for in
Subsection 188 (2) abov e. SECTION 188-2: Unlawful Destruction , Transfer and Exportation of
Public or Private Records
Whoever unlawfully destroys, transfers or experts public or private
records shall be punished as provided for in Subsection 188 (2) above. SECTION 189:- Copies of Government Papers
Whoever takes, without authority or permission, a copy of any
document the property of the Government shall be · punished with
imprisonment for from 1 (one) month to 1 (one) year. SECTION 190 : Misappropriation of Attached Property
Whoever misappropriates, destroys or damages any attached or
garnished property shall be punished with imprisonment for from 1 (one) to 5
(five) years and with fine of from CFAF 50 000 (fifty thousand) ta CFAF
1 000 000 (one million).

l be punished with imprisonment for from 1 (one) to 5
(five) years and with fine of from CFAF 50 000 (fifty thousand) ta CFAF
1 000 000 (one million).

SECTION 191: Breach of Seals
Whoever breaks any seal lawfully affixed shall be punished with
imprisonment for from 6 (six) months to (2) two years and with fine of from
CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred thousand). SECTION 192: Communication with Persons in Custody
Whoever contrary to the rules governing the custody of any persan
lawfully detained facilitates his relations with any outside party, shall be
punished with imprisonment for from 6 (six) months to 2 (two) years. 71
r:<:~Dë ,'JCë DE LA REPUBLIQUE
SEC~êiARIAT GENERAL

any outside party, shall be
punished with imprisonment for from 6 (six) months to 2 (two) years. 71
r:<:~Dë ,'JCë DE LA REPUBLIQUE
SEC~êiARIAT GENERAL

SECTION 193: Escape
{1) Wh oever escapes from lawful custody, or who being perrnittea to
work out of the prison leaves his place of work without permission sha ll be
punished with imprisonment for from 1 (one) yer to 3 (three) years. (2) Whoever rescues any persan from lawful custody shall be punished
in li ke manner. (3) For escape or rescue effected by force to the person orto prope rt y
the punishment shall be imprisonment for from 1 (one) to 5 (five) years; and
for escape or rescue with arms the punishment shall be imprisonment for
from 5 (five) to 10 (ten) years. (4) Where the persan in custody is charged with felony or has been
sentenced to loss of liberty for more than 10 (ten) years the punishment shall
be imprisonment for from 5 (five)to 10 (ten) years. SECTION 194: Accessory after the Fact by Shelter
(1) An accessory after the fact to felony or misdemeanour by shelter of
the offender, whether convicted or not, shall be punished with imprîsonment
for from 2 (two) months ta 2 (two) years. (2) Where the principal offence is punishable with death, the accessory
. shall be punished with imprisonment for from 2 (two) to 10 (ten) years. __
__ •.

Where the principal offence is punishable with death, the accessory
. shall be punished with imprisonment for from 2 (two) to 10 (ten) years. __
__ •.

,,..:: , ;:-:.-~LA RéPUBUOUE
(3) No defence absolving from respon ibilit ( '~~: V.·~E~It?g}~~: ~t6~ EH .I"'""
acquitted shall be available to the accessory. sE~v:c: :: _, d Ï'· "···' _ ... co . RM
CO?iê C'éR1 lH Et
· SECTION 195: Subscription for Fine
Whoever publicly invites subscriptions for the purpose of indemnifying
any persan . against any pecuniary sentence passed on him by a criminal
court shall be punished with imprisonment for from 15 (fifteen) days to 6 (six)
months or with fine · of from CFAF 20 000 (twenty thou sand) to CFAF
10 000 000 (ten million), or with both such imprisonment and fine . . SECTION 196: Defacement of Posters
Whoever removes, obliterates or defaces any notice posted under
Section 33 of this Code shall be punished with imprisonment for from 15
(fifteen) days to 6 (six) months or with fine of from CFAF 5 000 ·(five
72

der
Section 33 of this Code shall be punished with imprisonment for from 15
(fifteen) days to 6 (six) months or with fine of from CFAF 5 000 ·(five
72

thousand) to CFAF sa· 000 (fifty thousand), or w it h both such imprisonment
and fine. ---·- ---··- ~'"'uE .... ? ~·~ ~ · û~NCë DE LA RêPUB L ~i..<
'· · -
1
SECREiARIAi'GENER AL
SER'I :C :: JU riO-liER LEGISLAiiF Ei . ~ J LE 1
ENT Aif(t
CO PIE CERTI F ! ~ O E
SECTION 197: Revenge on Witness
Whoever:
a) commits a contempt of a witness by reason of the evidence which he
has given, unless, in the case of defamation, he proves the truth of the
defamatory matter; or
b) causes any loss to a witness by reas on of the evidence which he has
given,shall be punished with imprisonment for from 10 (ten) days to (1)
one year, or with fine of from 10 000 (ten thousand) to CFAF 200 000
(two hu nd red thousand), or with both such imprisonment and fine . .

days to (1)
one year, or with fine of from 10 000 (ten thousand) to CFAF 200 000
(two hu nd red thousand), or with both such imprisonment and fine . .

SECTION 198: Forbidden Publications
(1) Whoever publishes:
- any record of any proceeding of a Court or of the Legal Department
in respect of felony or misdemeanour before it has been read out in
open Court; or
- any account of proceedings in camera or in any juvenile court; or
- any conviction of a minor mentioning any particular allowing of his
identification; or
- any information on the proceedings of parliamentary inquiry
committees before their report has been laid on the table of the
House, except a communiqué issued by the bureau of the said
committees; or:
- any information on the proceedings of the Higher Judicial Council
except a communiqué issued by the Chairman or Vice-Chairman of
the Council,
shall be punished with fine of from CFAF 10 000 {ten tho usa nd) to
CFAF 500 000 (five hundred thousand). (2) Whoever publishes any deliberation in chambers by any Court shall
be punished with fine of from CFAF 10 000 {ten thousand) to CFAF 3 000
000 (three million). (3) ln case of publication by the press the penalties shall be doubled. 73

fine of from CFAF 10 000 {ten thousand) to CFAF 3 000
000 (three million). (3) ln case of publication by the press the penalties shall be doubled. 73

(4) Whoever, in a Courtroom or du ring Court proceedings, without the
authorization of the presiding jud ge:
a) makes any sound recording; or
b) shoots any image, shall be punished as provided for in Subsection (2)
above. SECTION 199: lnnkeeper 's Re giste r
Any keeper of an inn or common boarding house, who, contrary to any
· regulation, does not register, or registers under a false name, any persan
staying in the said inn or boarding house shall be punished with imprisonment
for from 6 (six) days to 3 (three months), and with fine of from CFAF 10 000
(ten thousand) to CFAF 100 000 (one hundred thousand) . . SECTION 200: lllicit Burial
Whoever disposes of a hüman corpse otherwise than as prescribed by
law or regulation shall be punished with imprisonment for from 6 (six) days to
3 (three) months and with fine of from CFAF 2 000 (two thousand) to CFAF
15 000 (fifteen thousand). A- FORGERY AND COUNTE FEITING . SECTION 201: Great Seal
(1) Whoever forges the Great Seal or makes use of such forged Seal
shall be punished with imprisonment for life. (2) Whoever makes use of the Great Seal improperly procured shall be
punished with imprisonment for from 10 (ten) to 20 (twenty) years.

ment for life. (2) Whoever makes use of the Great Seal improperly procured shall be
punished with imprisonment for from 10 (ten) to 20 (twenty) years.

(3) Whoever acts in contravention of the regulations in force on
ordering, manufacturing, and affixing of the Great Seal, shall be punished
with imprisonment for from 1 (one) to 5 (five) years and with fine of from
· CFAF 40 000 (forty thousand) to CFAF 4·000 000 (four million). (4) ln case of conviction, the Court shall also arder the forfeitures
provided for in Section 30 of this Code for a period of from 5 (five) to 10 (ten)
years. 74

of conviction, the Court shall also arder the forfeitures
provided for in Section 30 of this Code for a period of from 5 (five) to 10 (ten)
years. 74

SECTION 201-1: Other Public Seals
(1) Whoever contravenes the regulations on ordering, manufacturing,
keeping and affixing of other public seals sha ll be punished with
imprisonment for from 1 (one) to 5 (five) years and fine of from CFAF 40 000
(forty thousand) to CFAF 4 000 000 (four million). (2) ln case of conviction, the Court may arder the forfaitures provided
for in Section 30 of this Code for a period of from 1 (one) to 5 (five) years. SECTION 202: Treasury Security
Whoever forges or alters any security issued by the public treasury
under its stamp or mark or makes use of any such forged or altered security,
shall be punished with imprisonment for life. SECTION 203: Signature, Stamps and Punches
( 1) Whoever forges or alters the signature of the President of the
Republic, of either Prime Minister or of any minister, deputy minister or
secretary of state, or any Government stamp or àny punch for hall-marking or
silver, shall be punished with imprisonrT)ent for from 10 (ten) to 20 (twenty)
years. (2) Whoever makes use of any such forged stamp or punch, or of any
document or object bearing such forged or altered signature, stamp or mark
shall be punished in like manner.

any such forged stamp or punch, or of any
document or object bearing such forged or altered signature, stamp or mark
shall be punished in like manner.

(3) Whoever makes use of any such stamp or punch, or of any
document or abject bearing such signature, stamp or mark where
genuine but improperly procured, shall be punisbed in like manner ..,
SECTION 204: Marks and Stationery
( 1) Whoever forges or alters:
?i<ëS:Ji:NCë DE LA REP UB LIQ UE
~EC;;;:JA R IAT GE~>IEP.Al
a) any seal, stamp or mark of a legislative assembly or of a Court or of
an administrative office; or
b) the printed stationery or forms of any legislative assembly, Court or
administrative office; or
c) any punch or mark designed to be placed in the na me of the
government on weights or measures, or on merchandise; or
d) any hammer used for punching government forestry marks; or
75

e placed in the na me of the
government on weights or measures, or on merchandise; or
d) any hammer used for punching government forestry marks; or
75

e) any postage stamp, postmark or re ply coupon issued by the postal
administration, or any revenue stamp or impressed stamp,
shall be punished with imprisonment for from 1 (one) ta 5 (five) years and
with fine of from CFAF 40 000 (forty thousand) ta CFAF 4 000 000 (four
million). (2) Whoever distributes, sells or makes use of such forged or altered
sea l, sta mp, punch, mark, post-mark, paper or coupon, shall be punished in
like manner. (3) Whoever distributes, sells or makes use of any such thing where
genuine but improperly obtained, shall be punished in like manner. SECTION 205: Public Act, Document or Record
(1) Whoever forges or alters, whether in its substance or in its date,
signatures or countersignatures, any act of the legislature, of the executive
(including a passport) or of the judiciary, or any document or record drawn up
by a person having exclusive authority so to do, shall be punished with
imprisonment for from 10 (ten) to 20 (twenty) years.

cument or record drawn up
by a person having exclusive authority so to do, shall be punished with
imprisonment for from 10 (ten) to 20 (twenty) years.

(2) Whoever makes use of any such document or record so forged or
altered shall be punished with imprisonment for from 5 (five) to 10 (ten) years
and with fine of from CFAF 40 00 (forty thousand) to CFAF 2 000 000 (two
million). SECTION 206: Licences and Similar Documents
Whoever:
- forges or alters an identity card, driving licence, game licence,
elector's card, family booklet or military booklet: or
- procures the issue for himself or for another of any such document
under a wrong name; or
- makes use of any such document, whether forged, altered or issued
in a wrong name; or
- makes dishonest use of any genuine document of such nature
belonging to another,
shall be punished with imprisonment for from 3 (three) months to 3 (three)
years. 76
?R:SIDENCE DE LA REPUBLIQUE
SECKETARIAT GENEP.Al
SEiN JC;: ::lU fiCHiER LEGiSLAïiF ET '. CO?IE CERTIFIEE C

rom 3 (three) months to 3 (three)
years. 76
?R:SIDENCE DE LA REPUBLIQUE
SECKETARIAT GENEP.Al
SEiN JC;: ::lU fiCHiER LEGiSLAïiF ET '. CO?IE CERTIFIEE C

SECTION 207: Official Certificates
(1) Whoever fo rges or alters any official certi'ficate shall be punished
with imprisonment for from 6 (six) months to 3 (three) years. (2) Whoever makes use of any such certificate shall be punished in like
manner. SECTION 208: Postage and Revenue Stamps
Whoever makes use of any postage or revenue stamp already used, or
surcharges any postage or revenue stamp, or makes unauthorized use of any
postal privilege, shall be punished with imprisonment for from 10 (ten) days to
1 (one) year, and with fine of from CFAF 5 000 (five thousand) to CFAF
50 000 (fifty thousand). SECTION 209: Postal Documents
( 1) Whoever forges or alters
a) any postal identity card, whether national or foreign, or any
subscription card in respect of poste restante; or
b) any label, stamp, postmark or reply-coupon issued by a foreign
postal administration,
shall be punished with imprisonment for from 10 (ten) days to 6 (six)
months and with fine of from CFAF 5 000 (five thousand) to CFAF 50 000
(fifty thousand). (2) Whoever sells, offers for sale or makes use of any such matter shall
be punished in like manner.

(five thousand) to CFAF 50 000
(fifty thousand). (2) Whoever sells, offers for sale or makes use of any such matter shall
be punished in like manner.

SECTION 210 : Colourable Resemblance
Whoever manufactures, sells, distributes or makes use of any abject or
printed matter bearing to any abject or printed matter described in Sections
201 to 209 above, a resemblance liable to facilitate their acceptance in place
of the abject or matter imitated, or to mislead the public, shall be punished
with imprisonment for from 10 (ten) days to 6 (six) months, and with fine of
from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred
thousand). 77
-------,
? .~:;,JëNCE DE LA REPUBLIQUE
SEC~ETARIAT GENERAL

with fine of
from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred
thousand). 77
-------,
? .~:;,JëNCE DE LA REPUBLIQUE
SEC~ETARIAT GENERAL

§._~ÇJIO N ltt: Counterfeit Note and Coin
or
(1) Whoever:
a) counterfeits or alters any currency note or any gold or silver coin
being legal tender in the
Republic; or
b) imports into the Repub li c any su ch counterfeit or altered note or coin;
c) utters any such counterfeit note or coin
shall be punished with imprisonment for life. (2) ln the case of any other currency note or coin national or foreign,
and whether or not legal tender, the punishment shall be imprisonment for
from 10 (ten) to 20 (twenty) years. (3) Where the alteration consists in the mere colouring of coin, whether
or not legal tender in the Republic or abroad, the punishment shall be
imprisonment for from 6 (six) months to 5 (five) years. (4) Where the coin or note has been received in ignorance of the fact
that it was counterfeit or altered, and uttered after knowledge of the sa me, the
punishment shall be imprisonment for from 3 (three) months to 3 (three) years
and fine of 3 (three) times the face value of the sa id coin or note.

he
punishment shall be imprisonment for from 3 (three) months to 3 (three) years
and fine of 3 (three) times the face value of the sa id coin or note.

·
SECTION 212: Counterfeiting Equipment
Whoever without authority manufactures or possesses any instrument,
apparatus, machine or material designed for the forgery of the Great Seal;
any treasury security, or any punch, stamp or mark, or for the counterfeiting
of note or coin, whether national or foreign, shall be punished with
imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF
50 000 (fifty thousand) to CFAF 1 000 000 (one million). SECTION 213: lmproper Possession
Whoever without authority possesses anything or document described
in section 201 to 211 inclusive of this Code shall be punished with
imprisonment for from 1 (one) to 5 (five) years. ~ ?: '· u::NCE DE LA REPUBLiQUE'1 ·-..J· L.. SECREtAR IAT GEI~ERAL
S ., ,, , ,,..~,., , i ;: ;CHIER LEG!SLAi iF ET x:GLE tt.:.l\ ' ' ""' ... ,.. \,. ' • ~
COPIE CERT IFIEE CONF M
78

'1 ·-..J· L.. SECREtAR IAT GEI~ERAL
S ., ,, , ,,..~,., , i ;: ;CHIER LEG!SLAi iF ET x:GLE tt.:.l\ ' ' ""' ... ,.. \,. ' • ~
COPIE CERT IFIEE CONF M
78

SECTION 214: Accessory Penalt~es
( 1) On conviction for any misdemeanour defined in th e foregoing
thirteen sections the Court may impose the forieitures described in section 30
of this Code. (2) On any conviction under the sa id sections confiscation under section
35 shall be ordered
8 - USURPATION
SECTION 215: Striking Money
Whoever without authority:
a) strikes coin of whatever form or denomination, or prints any note
payable to bearer, or imports, or utters such coin or note; or
b) manufactures or passasses any machine, apparatus, instrument or
material capable of use for the striking or printing of any note or coin
liable to be mistaken for lawful money ,
shall be punished with imprisonment for from 5 (five) to . 10 (ten) years and
with fine of from CFAF 50 000 (fifty thousand) to GFAF 150 000 (one hundred
and fifty thousand). SECTION 216: Usurpation of Office
(1) Whoever assumes any public office, whether civil or military, to
which he is not appointed, or performs any act belonging to any such office,
shall be punished with imprisonment for from 6 (six) months to 5 (five) years.

he is not appointed, or performs any act belonging to any such office,
shall be punished with imprisonment for from 6 (six) months to 5 (five) years.

(2) ln the case of a public servant continuing to act in an office after
official notice of his cessation from the said office, whether temporary or final,
the punishment shall be imprisonment for from 3 (three) months to 2 (two)
years. (3) On conviction the Court may also impose the forfeitures described
by section 30 of this Code. (4) Where the offender takes advantage of his usurpation to commit any
offence defined by Chapter Ill of this Part, he shall be punished as if he held
·the office usurped. ~·
P?. :3 iùENCE DE LA REPUBLIQUE
Sé CR fi ARIAT GENERAL
... . ), .1 r·- · · - · "1= • -r,, .. ,,._ -. ,...,,Su. . . _.: __ ,, ,.,,_ ,. i. ..i< tc, , ,_ l.A t:.- ET!( ~ ENT E
COPiE C E~:TiF! Ec CO.J::Ii'O RME
79

. ), .1 r·- · · - · "1= • -r,, .. ,,._ -. ,...,,Su. . . _.: __ ,, ,.,,_ ,. i. ..i< tc, , ,_ l.A t:.- ET!( ~ ENT E
COPiE C E~:TiF! Ec CO.J::Ii'O RME
79

.----------------?? :O SIDENCE DE LA REPUBLIQU
S ~ C R8AR I A T GENERAL
SECTION 217· lrrenu!ar Solemnisa.tion of Mar ' ià'=~~ :: ;:; u riGi/E r- LE GISLAT iF 8 ~ ~ ..; LE NTAif<E
=..;;;;;;~.:...;;;;...;~~· ~ ~ ' ~ 'C OPIE CERTir! EEC FOR M
Any minister of religion who:
a) not being authorised to perform a civil marriage, solemnises a
religious ceremony of marriage without having seen a certificate of marriage
already performed by a registrar of births, marriages and deaths; or
b) being authorised to perform a civil marriage,
- solemnises only a religious ceremony of marriage; or
- performs a civil marriage without having seen a certificate of no
impediment from the said registrar , shall be punished with fine of
from CFAF 5 000 (five thousand) to CFAF 30 000 (thirty thousand),
and on subsequent conviction within the meaning of section 88 of
this Code, with imprisonment for from 1 (one) to 5 (five) years. SECTION 218: Usurpation of Uniform or Decoration
Whoever wears in public any uniform or decoration to which he is not
entitled, or which .

ive) years. SECTION 218: Usurpation of Uniform or Decoration
Whoever wears in public any uniform or decoration to which he is not
entitled, or which .

bears a colourable resemblance to the same, shall be
punished with imprisonment for from 3 (three) months to 2 (two) years or with
fine of from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred
thousand) or with both such imprisonment and fine. SECTION 219: Usurpation of Qualification
Whoever without being entitled thereto makes use of a qualification
belonging to a profession legally regulated, or of an official degree, certificate
of education or diploma, or of a title governed by public regulation, shall be
punished with imprisonment for from 3 (three) months to 2 (two) years or with
fine of from CFAF 100 000 (one hu nd red thousand) to CFAF 2 000 000 (two
million), or with both such imprisonment and fine.

to 2 (two) years or with
fine of from CFAF 100 000 (one hu nd red thousand) to CFAF 2 000 000 (two
million), or with both such imprisonment and fine.

SECTION 219 -1: Usurpation of Designation
Whoever, unauthorized by the laws and regulations applicable, uses the
· ·designations cooperative society, union of cooperative societies, federation of
cooperative societies, or confederation of cooperative societies alongside any
qualifier, as weil as any other designation referring to any of the groups
mentioned in this Section, shall be punished with imprisonment for from 1
(one) month to 1 (one) year or with fine of from CFAF100 000 (one hundred
thousand) to CFAF 1 000 000 (one million) or with both such imprisonment
and fine. 80

th to 1 (one) year or with fine of from CFAF100 000 (one hundred
thousand) to CFAF 1 000 000 (one million) or with both such imprisonment
and fine. 80

SECTIOt>J 220: THt le of H nou r
Whoever makes public use of any title of honour to which he is not
entitled shall be punished with fine of from CFAF 5 000 (five thousand) to
CFAF 2 000 000 (two million). SECTION 221: Corn mon Provi sions
(1 ) The three last foregoing sections sha ll be equally applicable to any
foreign uniform, decoration, title or qualification. (2) The said sections shall not apply to the actors at a public
entertainment nor to children's games. (3) On conviction under any one of the said sections the Court shall
arder the marginal annotation of the said judgment on any notarial deed or
register of births, marriages and deaths in which the title has been assumed,
and may also arder publication of its judgment.

on any notarial deed or
register of births, marriages and deaths in which the title has been assumed,
and may also arder publication of its judgment.

C- GUARANTEES TO THE NATIONAL ECONOMY
SECTION 222: Credit of the State
(1) Whoever by any means, with intent to injure the credit of the State:
a) spreads publicly any false or misleading rumeur likely to undermine
confidence in the stability of the currency or in the value of any public
funds or of the funds of any cooperative, or of any authority or
corporation either public or subject to the administrative control of the
State, or in which the State holds directly or indirectly the majority of the
shares; or
b) encourages the public to withdraw funds from any public deposit or
from any establishment compelled by law to pay into a public deposit, or
to sell any Government loan or other treasury paper, or discourages the
public from purchase of or subscription to the same;
shall be punished with imprisonment for from 3 (three) months to 2 (two)
years and with fine of from CFAF 200 000 (two hundred thousand) to CFAF
2 000 000 (two million). (2) On conviction under this section the Court shall arder publication of
the judgment. 81

000 (two hundred thousand) to CFAF
2 000 000 (two million). (2) On conviction under this section the Court shall arder publication of
the judgment. 81

SECTION 223: Legal Ten de r
V\/hoever refuses any note or co1n being legal tenoer in the Republic
and to the extent that it is legal tende r, shall be punished with imprisonment
for from 10 (ten) days ta 3 (three) months, or with fine of from CFAF 1 000
(one thousand) to CFAF 100 000 (one hundred thousand), or with both such
imprisonment and fine. SECTION 224: National Development
Whoever with intent ta injure the national development transfers abroad
any specialized staff or delivers abroad any industrial or commercial secret,
shall be punished with imprisonment for from 6 (six) months ta 2 (two) years
and with fine of from CFAF 100 000 (one hundred thousand) to CFAF
5 000 000 (five million). SECTION 225: Loans and Subsidies
Whoever puts to any use other than that for which it was granted a loan
or subsidy from the Federal or Federated State, from a co-operative, or from
an authority or corporation described by Section 184 of this Code, shall be
punished with imprisonment for from 1 (one) ta 10 (ten) years and with fine of
from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one million).

all be
punished with imprisonment for from 1 (one) ta 10 (ten) years and with fine of
from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one million).

SECTION 226: Standard Regulations
Whoever infringes any regulation prescribing standards for any produce
to be exported, shall be punished with fine of from CFAF 50 000 (fifty
thousand) ta CFAF 4 000 000 (four million), and with confiscation of the
goods in question. PART Il
FELONIES AND MISDEMEANOURS AGAINST THE GENERAL INTEREST
CHAPTERI
PUBLIC SAFETY
SECTION 227: Arson and Destruction
r~:Si) ël~Cé DE LA REPIJgUQUE
~ECSARIAT GENEP.Al
ZE!~v:::..:: : .,; ' ( i-i i ~:~ LEG!5LM!F ET R!:GLE
CC..:;·![·.:t:RTJCIE 2 COI'ir · M
(1 )Whoever sets fi re, directly or indirectly, and notwithstanding that he may ·
be the owner:
a) to any place used for another's dwelling ; or
b) to any land, sea or air vehicle in which are one or more persans ; or
82

at he may ·
be the owner:
a) to any place used for another's dwelling ; or
b) to any land, sea or air vehicle in which are one or more persans ; or
82

c) to any working mine or it s appurtenances :
shall be punished witll im prisonment for from 3 (three) to 10 (ten) ye ars
and with fine of from CFAF 5 000 (five thousand) to CFAF 1 000 000 (one
milli on). (2) Destruction of such property shall be punished in like manner as arson. SECTION 228: Dangerous activities
( 1) Whoever fa ils properly to provide against risk of bodil y harm to any
persan from his dangerous activities shall be punished with imprisonment for
from 6 (six) days to 6 (six) months.

against risk of bodil y harm to any
persan from his dangerous activities shall be punished with imprisonment for
from 6 (six) days to 6 (six) months.

(2) Whoever rashly and in manner liable to cause harm to any persan:
a) makes use of fire, or of any inflammable or explosive matter, or of
electricity, or of any machinery or,
b) demolishes in who le or in part any construction or any uninhabited
building, notwithstanding that he may be the owner; or
· c) furnishes medical or surgical treatment, or furnishes or administers any
drug or other substance or,
d) leads, drives, rides, stops or leaves any animal or vehicle on the public
highway,shall be punished with imprisonment for from 3 (three) months
to 3 (three) years, or with fine of from CFAF 5 000 (five thousand) to
CFAF 500 000 (five hundred thousand), or with bath such imprisonment
and fine. (3) Whoever drives any vehicle when drunk or under the influence of
drugs shall be punished in like manner. (4) Upon conviction under subsection (2) (d) in respect of a vehicle, or
under subsection (3), the ·Court may add disqualification from holding a
driving licence for up to 2 (two) years.

(2) (d) in respect of a vehicle, or
under subsection (3), the ·Court may add disqualification from holding a
driving licence for up to 2 (two) years.

SECTION 229: Explosive Substances
Whoever infringes any regulation governing the manufacture, storage,
transport, import or export of, or trade in explosive substances, shall be
punished with imprisonment for from 1 (one) month to 1 (one) year, or with
fine of from CFAF 2 000 (two thousand) to CFAF 100 000 (one hundred
thousand), or with both such imprisonment and fine. 83
?é<=S iDëNCE DE LA REPUBLIQUE
SECRSARIAi GENERAL
S ~ ;.~V :C: ~ ~: t_; ~-;Cnlf;~ L[ G!SL ATi F Eï REû' - E
-

with both such imprisonment and fine. 83
?é<=S iDëNCE DE LA REPUBLIQUE
SECRSARIAi GENERAL
S ~ ;.~V :C: ~ ~: t_; ~-;Cnlf;~ L[ G!SL ATi F Eï REû' - E
-

SECTION 229-1 : Toxic waste
( 1) \!Vhoever, Lmauthorized , does not, with immediate effect,
discard of dangerous or toxic waste generated by its company shall be
punished with imprisonment of from 5 (five) to 10 (ten) years and a fine of
from CFAF 5 000 000 (five mi llion) to CFAF 500 000 000 (five hu nd red
mi ll ion). (2) The provisions of Sections 54 and 90 of this Code relating to
. suspended sentence and mitigation shall not apply. (3) The court seized shall order the persan found guilty of
introducing, producing, storing, holding, transporting, causing to transit, or
releasing dangerous or toxic waste to dispose of it with immediate effect and
·resto re the site.ln addition, the court may arder the closure of the company. SECTION 230: Public Highway
(1) Whoever without lawful permission obstructs the use of any public-
. highway or waterway, or renders passage less convenient, whether by
damaging the surface of the highway or diverting the course of the waterway,
or by any erection, or by excessive use, or by use of his own adjacent land,
shall be punished with imprisonment for from 1 (one) month to 2 (two) years.

by any erection, or by excessive use, or by use of his own adjacent land,
shall be punished with imprisonment for from 1 (one) month to 2 (two) years.

(2) Whoever, being bound to repair any highway or any work connected
with it, refrains from
so doing, shall be punished in like manner. ( 1) Whoever:
CHAPTER Il
OFFENCES AGAINST PUBLIC
a) takes part in the organization of any public meeting which has not
been the subject of a prier declaration ;
b) makes a declaration th at is intended to mislead authorities on the ·
conditions and purpose of the meeting ;
c) convenes a procession in any manner whatsoever before filling the
declaration or after it has been legally prohibited ;
d) makes an incomplete or false declaration in order · to conceal the
conditions of the planned procession ; shall be punished with
imprisonment for from 15 (fifteen) days to 6 (six) months and with
84

r · to conceal the
conditions of the planned procession ; shall be punished with
imprisonment for from 15 (fifteen) days to 6 (six) months and with
84

fine of from CFAF 5 000 (fve thousand) to CFAF 100 000 (one
hundred thousand). {2) Whoever organizes any public procession without the required
declaration or after the notification of legal prohibition shall be punished with
the penalties provided for in Subsection 1 above. SECTION 231 -1: Political Procession in a Public Establishment and in
Schoo ls
Whoever organizes a political proces sion in any public establishment,
school or university shall be punished with imprisonment for from 10 {ten)
days to 4 (four) months or with fine of from CFAF 25 000 (twenty-five
thousand) to CFAF 250 000 (two hundred and fifty thousand) or with bath
such imprisonment and fine. SECTION 232: Riot
(1) A riot shall mean an assembly on the public highway of 5 (five) or
more _persans in manner li able to disturb the public peace. (2) Whoever takes part in a riot and does not withdraw the first cali of
the proper authority shall be punished with imprisonment for from 15 (fifteen)
days to 6 (six) months. (3) The penalty shall be doubled for any persan who continues in the
riot until it be dispersed by force.

or from 15 (fifteen)
days to 6 (six) months. (3) The penalty shall be doubled for any persan who continues in the
riot until it be dispersed by force.

SECTION 233: Armed Riot
(1) Whoever takes part in a riot which is armed within the meaning of
sections 115 (3) and 117 of this Code, and himself bears any weapon or
does not withdraw on the first cali of the proper authority, shall be punished
with imprisonment for from 3 (three) months to 2 (two) years. (2) The punishment shall be imprisonment for from 2 (two) to 5 (five)
years for any person who continues in the riot until it be dispersed by force. (3) The punishment shall be imprisonment for from 5 (five) to 10 (ten)
years for any person who takes part in the riot at the moment when any such
weapon is used. 85

ent shall be imprisonment for from 5 (five) to 10 (ten)
years for any person who takes part in the riot at the moment when any such
weapon is used. 85

SECTION 234: Forfeitures- · · er=n-=fl:'.l~
Upon conviction under section 233 above) the Court may adcl the
forfeitures described by section 30 of this Code. SECTION 235: Seditions Cries
Whoever in any pl ace open to the public utters any sed itious cry or song
shall be punished with imprisonment for from 8 (eight) da ys to 1 (one)
month, or with fine of from C FA F 2 000 (two thousand) to CFAF 50 000
(fifty thousand), or with beth such imprisonment and fine. SECTION 236: Depredation by Band
(1) Whoever as a member of an assembly or band, and by open
force, plunders or damages any moveable or immoveable property, shall
be punished with imprisonment for from 10 (ten) to 20 (twenty) years. (2) For such felony committed in a state of emergency or siege the
punishment shall be imprisonment for life. (3) For such felony committed in time of war the punishment shall be
death.

state of emergency or siege the
punishment shall be imprisonment for life. (3) For such felony committed in time of war the punishment shall be
death.

SECTION 237: Possession and Carriage of Arms
(1) Whoever without su ch permission as may be required by law
· manufactures, experts, imports, keeps, transfers or sells any firearm or
ammunition shall be punished with imprisonment for from 3 (three) months
to 1 (one) year or with fine of from CFAF 50 000 (fifty thousand) to CFAF
300 000 (three hu nd red thousand), or with · both such imprisonment and
fine. (2) The punishment shall be doubled for carriage of any such arm
outside the offender's residence. (3) Whoever delivers any such arm or ammunition to any persan
without ascertaining that he is licensed to keep it shall be punished as his
accessory. (4) Confiscation under section 35 of this Code shall be ordered in every
·case; and on any subsequent conviction within the meaning of section 88
the Court may impose the forfaitures described by section 30 and order the
closure of the establishment to whatever other use it may be put. PRI=-S IDENCE OE LA REPUBLIQUE
' - ·~I'"RETARIAT GENERAL 0
~~~ Re~ MEN1 c
-·· ~· · · ·r HI ER LEGISLATIF ET -Sç~'Y;\...- ·.1 "· - -· " c
~" c-,-:· ·· ~ r ··-t;:;;·: ~ i EJ: CO · ~ KMLV, ~\ 1,. \...,. • 1 ,,1 1 . :-
86

MEN1 c
-·· ~· · · ·r HI ER LEGISLATIF ET -Sç~'Y;\...- ·.1 "· - -· " c
~" c-,-:· ·· ~ r ··-t;:;;·: ~ i EJ: CO · ~ KMLV, ~\ 1,. \...,. • 1 ,,1 1 . :-
86

·SECTION 238: Dangerous Carriage of Ar ~1s
Whoever whether licensed or not to bear arms snan oear any weapon
within the meaning of section 117 of this Co de in a pla ce open to the public
in manner liable to disturb the public peace orto alarm any persan, shall be
punished with imprisonment for from 3 (three) months to 2 (two) yea rs or
with fine of from CFAF 50 000 (fifty thousand) to CFAF 300 000 (three
hundred thousand), or with both such imprisonment and fine. SECTION 239: Disturbance of Q uie t Enjoyment
Whoever in manner liable to disturb the public peace ente rs upon land
quietly enjoyed by another to whomsoever belonging, shall be punished with
imprisonment for from 15 (fifteen) days to 1 (one) year. SECTION 240: False News
( 1) Whoever publishes or propagates by any means whatever any news
without being able to prove either its truth or that he had good reason to
believe it to be true, shall be punished with imprisonment for from 1 (one) to 5
(five) years and with a fine of from CFAF 20 000 (twenty thousand) to CFAF
10 000 000 (ten million). (2) The penalty shall be doubled for
propagation.

(five) years and with a fine of from CFAF 20 000 (twenty thousand) to CFAF
10 000 000 (ten million). (2) The penalty shall be doubled for
propagation.

SECTION 241: Contempt of Race or Religion
non yriibîi&c;~L~ ~ât i~~E or
SEë;'I:C: DU i f)iL:~ LEGI SLATIF ET R!:GLEMEN
CCFi~ Ci: .~liFIE E CONFOR
( 1) Whoever commits a contempt, within the meaning of section 152 of
this Code, of the race or religion of a number of citizens or residents shall be
punished with imprisonment for from 6 (six) days to 6 (six) months and with
fine of from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred
thousand). (2) Where the offence is committed by means of the press or wireless
the fine may extend to CFAF 20 000 000 (twenty million). {3) Where the offence is committed with intent to arouse hatred or
contempt between citizens, the penalties provided by the foregoing
subsectio ns shall be doubled. SECTIO N 242: Discrimination
Whoever excludes another from any place open to the public or from
any employment, by reason of his race, religion, sex or health status, where
87

ion
Whoever excludes another from any place open to the public or from
any employment, by reason of his race, religion, sex or health status, where
87

su ch status does not en danger anyone, shall be punished \IVith imprisonment
for from 1 (one) month to 2 (two) years and with fine of from CFAF 5 000 (five
thousand) to CFAF 500 000 (five hundred thousa!l9J:.------- - --- - -.-:~~-::-~ ~;-- -
.... ..... -=-. - · c:~cE oc: LA KLrt...!. ... •'- .o(u
SECTION 243: P ubli c Drun ke nness
( 1) Whoever:
r ,<, • • " • G"''• R \L .r· : .~ ~ I"TA R\ AI tt ':: r o
~C · J~<~ • -•r -,c .-- ME~H • ~
- • .-. : -, 1,,•.,c~ LEGISLAw Eï "~ ",. .. . ~, .~ • 1Jr z-· ·~ •~" c
, ~ ... ··C· ·r:; •.,1
r: ('t: ~1lfiEE C • M~-. v • ~,_.......-C. a) commits the offence of public drunkenness within 12 (twelve) months
of a pr evious conviction,
b) Shall be licensed to se li alcoholic beverages and delivers any su ch
beverage on his premises to any persan manifestly drunk,
shall be punished with imprisonment for from 15 (fifteen) days to 1 (one)
month and with a fine of from CFAF 2 000 (two thousand) to CFAF
35 000 (thirty-five thousand. (2) Where the offender is so licensed the Court may arder closure of his
establishment for up to 2 (two) years, and arder publication of the judgment.

(2) Where the offender is so licensed the Court may arder closure of his
establishment for up to 2 (two) years, and arder publication of the judgment.

SECTION 244: Subsequent Convictions
( 1) Section 88- ( 1) (b) of this Code shall apply to any subsequent
conviction under the last foregoing section. (2) The Court may add the forfaitures described by section 30 (1) and
(2) of this Code. (3) Where the offender is so licensed the Court may order closure of his
· establishment for up to 4 (four) years, and arder publication of its judgment. SECTION 245: Begging
Whoever, having means of subsistance, or being able to earn such by
working, begs in any place for alms shall be punished with imprisonment for
from 3 (three) months to 3 (three) years and with fine of from CFAF 50 000
(fifty thousand ) to CFAF 500 000 (five hundred thousand). SECTION 246: Aggravated Begging
Whoever, whether or not able-bodied and having or not means of
subsistence, begs for al ms in any of the following man ners:
a) with abuse, threats, or assault ;
88

er or not able-bodied and having or not means of
subsistence, begs for al ms in any of the following man ners:
a) with abuse, threats, or assault ;
88

b) after entering any dwelling or enclosure thereto appurtenant without the
occupant's permission ;
c) feigns wounds or a disability in order to attract the generosity or play
ov er the intelligence of a third party ;
d) in company, save husband and wife, or father and mother with their
young children, or a blind man and his guide,
shall be. punished with imprisonment for from 6 (six) months to 6 (six)
years and with fine of from CFAF 1 000 (one thousand) to CFAF 1 000 000
(one million ). SECTION 247: Vagrancy
(1) Whoever is fou nd in a public place being of no fixed a bode and with
no means of support shall be guilty of vagrancy and shall be punished with
imprisonment for from 6 (six) months to 2 (two) years. (2) The punishment prescribed above shall be doubled:
a) Where the vagrant is found in possession of any weapon or any
instrument with which an offence may be committed;
b) Where the va grant has committed (or attempted to commit) any
act of violence against an individual or individuals. (3) ln addition, the measures prescribed under section 42 (1 ), (2) and
(3) shall be pronounced.

act of violence against an individual or individuals. (3) ln addition, the measures prescribed under section 42 (1 ), (2) and
(3) shall be pronounced.

SECTION 248: Dangerous Preparations
(1) Whoever with intent to commit any felon y or misdemeanour carries
any instrument fit for the forcing of entry to any immovable property shall be
punished with imprisonment for from 10 (ten) da ys to 1 (one) year. (2)The intent shall be presumed
committed at night. SECTION 249: Gaming and Lotteries
( 1) Whoever:
a) operates a casino, public lottery or betting establishment without a
concession agreement;
b) organizes a commercial lottery or ope rates online ga ming without
authorization ;
c) uses the operating licence for a casino, public lottery or betting
establishment belonging to another ;
89

s online ga ming without
authorization ;
c) uses the operating licence for a casino, public lottery or betting
establishment belonging to another ;
89

d) uses the authorizati on to organize commercial lottery or operate online
gaming belonging to another, shal l be punish ed with imprisonrnent for
from 6 (six) months to 2 (two) years or fine of from CFAF 5 000 000
(five million) to CFAF 25 000 000 (twenty-five million) or both such
imprisonment and fine. (2) The penalties provided for in Subsection (1) above shall be applied to
any operator of a commercial lottery who does not comply with the ga mi ng
rules submitted prier to obtaining the authorization. SECTION 249-1: Failure to corn ply with the standards and norms of
safety, comfort and hygiene specifie to casinos
Whoever fails to comply with the standards and norms of safety,
comfort and hygiene specifie to casinos shall be punished with imprisonment
for from 2 (two) to 4 (four) years, or fine of from CFAF 5 000 000 (five million)
to CFAF10 000 000 (ten million) or beth such imprisonment and fine.

for from 2 (two) to 4 (four) years, or fine of from CFAF 5 000 000 (five million)
to CFAF10 000 000 (ten million) or beth such imprisonment and fine.

SECTION 249-2: Violation of the terms of the specifications attached to
a concession agreement
Whoever violates any of the terms of the specifications attached to a
concession agreement shall be punished with imprisonment for from 2 (two)
to 5 (five) years or fine of from CFAF 10 000 000 (ten ·million) to CFAF
50 000 000 (fifty million) or bath such imprisonment and fine. SECTION 249-3: Use of unlicensed equipment for casino or online
ga mes
Whoever uses unlicensed equipment to operate a casino or online
ga mes shall be punished with imprisonment for from 1 (one) to 3 (three)
years or fine of from CFAF 2 500 000 (two million five hundred thousand) to
CFAF 10 000 000 (ten million) or bath such imprisonment and fine. SECTION 249-4: Money laundering through gaming and lotteries
Whoever engages in money laundering through the operation of a
casino, public or commercial lottery, betting or online games, shall be
punished with imprisonment for from 5 (five) to 10 (ten) years or fine of from
CFAF 50 000 000 (fifty million) to CFAF 100 000 00 (one hu nd red million) or
bath such imprisonment and fine.

five) to 10 (ten) years or fine of from
CFAF 50 000 000 (fifty million) to CFAF 100 000 00 (one hu nd red million) or
bath such imprisonment and fine.

?,?.E :::Cêl·iCé DE LA REPUBUQ~E
SEC:r:EiARiAT GENERAL
~[~V i C::: O: '.J ~ : :..:~ ' :: .: L ~ G ! S LAi i :~~ ~ E AmE
COPIE C::r: ï: F::: C ~ R ME
90 L_~-==========~~:j

LA REPUBUQ~E
SEC:r:EiARiAT GENERAL
~[~V i C::: O: '.J ~ : :..:~ ' :: .: L ~ G ! S LAi i :~~ ~ E AmE
COPIE C::r: ï: F::: C ~ R ME
90 L_~-==========~~:j

§ECTION 249-5: Resistance in gam!ng and lotteries
VVhoever uses violence or assault to prevent sworn officers from
gaining access to the premises to be inspected shall be punished with
imprisonment for from 3 (three) months to 4 (four) years or fine of from CFAF
2 500 000 (two million five hundred thousand) to CFAF 5 000 000 (five
million) or with bath such imprisonment and fine. SECTION 249-6: A dvertising in gaming and lotterie s
Whoever, being a licensed operator of money games and games of
chance transmits or broadcasts a commercial advertisement by any means
whatsoever targeting minors, shall be punished with imprisonment for from 1
(one) to 3 (three) years or fine of from CFAF 10 000 000 (ten million) to CFA
20 000 000 (twenty million) or with bath such imprisonment and fine.

m 1
(one) to 3 (three) years or fine of from CFAF 10 000 000 (ten million) to CFA
20 000 000 (twenty million) or with bath such imprisonment and fine.

SECTION 249-7: Forbidden Access in gaming and lotteries
( 1) Whoever:
a) fails ta take measures to black access of minors to a casino ;
b) allows access to casinos for the following:
- military and law and arder personnel in uniform ;
- persans who are in a drunken state or likely to cause scandais or
incidents;
- persans to whom access has been prohibited by the minister in
charge of gaming, shall be punished with imprisonment for from 1
(one) to 3 (three) years or fine of from CFAF 5 000 000 (five million)
to CFAF 10 000 000 (ten million) or with bath such imprisonment and
fine. (2) The penalties provided for in Sub-section (1) above shall be
applicable to the operator of online gaming and betting who fails to take the
. following measures to block access of minors to such gaming and betting:
a) post on the gaming site's home page and registration page, in visible
manner, a message explicitly prohibiting access of minars to the
gaming service;
b) require the player on his honour, to state his age and enter his
persona! identity information; ;>,~=S ' ùï:N · ~~ DE
c) require the player to use online payment me hpJ;i~ ~ -..~ -·~EcR's~RIA~~~E~~~uouE
~c., ' · ~- ~ ·. J r ll...

ity information; ;>,~=S ' ùï:N · ~~ DE
c) require the player to use online payment me hpJ;i~ ~ -..~ -·~EcR's~RIA~~~E~~~uouE
~c., ' · ~- ~ ·. J r ll...

fi iER LEGISLATif ET RF. •LEM
COPIE CERTIFIEE c I"ÜRMEE Ai~E
-91

fi iER LEGISLATif ET RF. •LEM
COPIE CERTIFIEE c I"ÜRMEE Ai~E
-91

d) have his gaming website submitted to oarental contro! software tc
black access of minors. SECTHO N 249-8: Comp romise
(1 )The offences provided for under Sections 249 to 249-3 may be
subject to compromise between the gaming regulatory entity and the
defaulter. However, compromise shall be possible only in the event of the admission of
the offence after it has be en established. (2)The amou nt of the compromise referred to in Subsection (1) above,
shall not be Jess than the minimum a mount of the fine provided for. (3) The payment of the total amount of the compromise provided for in
Subsection (2) above shall extinguish court action. SECTION 249-9: Accessory Penalties
ln the cases provided for in Sections 249, 249-1, 249-2, 249-3, 249-4,
249-5, 249-6 and 249-7 above, the court may:
{a) upon conviction add the forfaitures described by Section 30 of this
Code, and arder closure of the offender's establishment,
notwithstanding that it may also be put to another use.

tures described by Section 30 of this
Code, and arder closure of the offender's establishment,
notwithstanding that it may also be put to another use.

(b) in addition to confiscation under Section 35 of this Code, arder
confiscation of ali furniture and furnishings adapted or decorated to
attract customers, and ali funds and movable or immovable property,
set as ide as prizes for the win ners. SECTION 250: Pawnshops
Whoever:
a) without such licence as may be lawfully required, keeps any .pawnshop
or business of lending on a floating charge; or
b) having such license fails to keep such registers as may be prescribed;
shall be punished with imprisonment for from 15 (fifteen) days to 3 (three)
months and with fine of from CFAF 25 000 (twenty-five thousand) to CFAF
500 000 (five hundred thousand). PR:SOENCE DE LA REPUBUQ-;;---
. ~ECRETARIAT GENERAL
<E' ' V ' C~ "' '/ "·c ·. E~ '' ' c "'' ~~ ni RLEGISLATIF ET REG'
COPIE CERTIFIEE CON
92

housand). PR:SOENCE DE LA REPUBUQ-;;---
. ~ECRETARIAT GENERAL
<E' ' V ' C~ "' '/ "·c ·. E~ '' ' c "'' ~~ ni RLEGISLATIF ET REG'
COPIE CERTIFIEE CON
92

SECTION 251: Pract ice of Wit chcr aft
VVho ever commits any act of witchcraft, magic or divination liable to
disturb public order or tranquility, orto harm another in his persan, property or
substance, whether by the taking of a reward or otherwise, shall be punished
with imprisonment for from 2 (two) to 10 (ten) years, and with fine of from
CFAF 5 000 (five thousand) to CFAF 100 000 (one hundred thousand). CHAPTER Ill
PUBLIC ECONOMY
SECTION 252: False Weights and Measures
Any trader or artificer keeping at his place of trade or work any false
weight or measure or ether incorrect apparatus used for the weighing or
measuring of his wares shall be punished with imprisonment for from 15
(fifteen) days to 6 (six) months or with fine of from CFAF 10 000 (ten
thousand) to CFAF 700 000 (seven hundred thousand) or with both such
imprisonment and fine. -----::-:-----
:-.(t: ~ Dp·ic:_E DE LA REPU;z;--
SECTION 253: Cheque without Cover SE.;: ·;c :;:.; ,: . ~~C~CIARIAT GENERAL OVE
Cr- ' '- '" t: K LEGI SLATIF ET ~c ., ,
'P/r:r r- "· '-' M
v '- ._. ;;; ,, T/ FIEE CO ' RM
Whoever: -::::: .

;: ·;c :;:.; ,: . ~~C~CIARIAT GENERAL OVE
Cr- ' '- '" t: K LEGI SLATIF ET ~c ., ,
'P/r:r r- "· '-' M
v '- ._. ;;; ,, T/ FIEE CO ' RM
Whoever: -::::: .

y---
a) issues a cheque on a bank or postal account within or without the
Republic and without pre-existing, adequate or free cover, or
b) after issue withdraws, wh ether within or without the Republic ali or
part of the cover or stops payment,
shall be punished with the penalties laid down under section 318. SECTION 254: Auctions
Whoever by force or threat, by gift or promise, or by any trick, disturbs
·the freedom or interferes with the genuineness of any auction or tender shall
be punished with imprisonment for from 1 (one) to 6 (six) months and with
fine of from CFAF 50 000 (fifty thousand) to CFAF 1 000 000 (one million). SECTION 255: Interference with Labour
Whoever by means of force or threat, or by fraudulent trick, causes or
prolongs any concerted stoppage of work with intent thereby to compel an
increase or decrease of wages orto affect injuriously the freedom of labour or
of industry, shall be punished with imprisonment for from 15 (fifteen) days to
93

r decrease of wages orto affect injuriously the freedom of labour or
of industry, shall be punished with imprisonment for from 15 (fifteen) days to
93

3 (three) yea r s, or with fine of from CFAF 5 000 (five tho us and) to f::FAF 700
000 (seven hund red thousand), or ··Nitr, b Jlh such imprisonment a~d fine
SECTION 256: Ri gging Priees
(1) Whoever by any fraudulent means causes an artificia i increase or
decrease of the priee of goods or public or p ri vate securities, shall be
punished w ith imprisonment for from 2 (two) months to (2) two years and with
fine of f ro m CFAF 400 000 (four hundred thousand) to CFAF 20 000 OàO
(twenty milli on ). (2) The penalty shall be doubled where the goods in question are
foodstuffs or subject to standards regulations. (3) On conviction the Court may add the forfeitures described in section
30 (1) and (2) of this Code, and order publication of its judgment. SECTION 257: Destruction of Foodstuffs
Whoever with intent thereby to influence the market in foodstuffs
wh ether for hu man ·or animal consumption causes or permits them to perish,
rot or disappear from circulation, shall be punished with imprisonment for
from 1 (one) to 5 (five) years and with fine of from CFAF 50 000 (fifty
thousand) to CFAF 1 000 000 (one million).

l be punished with imprisonment for
from 1 (one) to 5 (five) years and with fine of from CFAF 50 000 (fifty
thousand) to CFAF 1 000 000 (one million).

CHAPTER IV
PUBLIC HEALT
SECTION 258: Adulteration of Foodstuffs
(1) Whoever either adulterates any foodstuff, whether for human or
animal consumption, or beverage or medicinal substance intended to be sold,
or keeps any substance designed or fit only for the purpose of effective such
adulteration, shall be punished with imprisonment for from 3 (three) months to
3 (three) years and with fine of from CFAF 5 000 (five thousand) to CFAF
.500 000 (five hu nd red thousand). (2) This section shall not apply to fresh fruits and vegetables which
have fermented or become rotten. (3) Any such foodstuff, beverage or medication belonging to the
offender shall be confiscated; and where not used by the Government its
destruction shall be at the expense of the offender. 94

ation belonging to the
offender shall be confiscated; and where not used by the Government its
destruction shall be at the expense of the offender. 94

r4) The Court may order publication of its judgment un der Section 33 of
this Code. SECTION 258w1: Illegal Sale of medication
Whoever,
- sells any medication without lawful authority ;
- sells any counterfeited, expired or unauthorized medication ;
- keeps for sale, any medication that is falsified, adulterated or harmful
to health,
shall be punished with imprisonment for from 3 (three) months to (3) three
years or with fine of from CFAF 1 000 000 (one million) to CFAF 3 000 000
(three million). The confiscation provided for in Sections 35 and 45 of this Code shall
apply. SECTION 259: False Medical Certificate
(1) Any physician, surgeon, dresser or nurse, dentist or midwife who for
the advantage or disadvantage of any person falsely certifies or conceals the
existence of any disease or disability, or falsely certifies the performance or
result of an inoculation, or gives misleading information on the origin of a
disease, on the duration of a disability, or on the cause of any death, shall be
punished with imprisonment for from 2 (two) months to 3 (three) years and
with fine of from CFAF 5 000 (five thousand) to CFAF 100 000 (one hundred
thousand).

with imprisonment for from 2 (two) months to 3 (three) years and
with fine of from CFAF 5 000 (five thousand) to CFAF 100 000 (one hundred
thousand).

(2) Where any such persan has been corrupted the punishment shall be
imprisonment for from 2 (two) to 10 (ten) years. (3) On conviction the Court may impose the forfeitures described by
section 30 of this Code. SECTION 260: lnfectious diseases
(1) Whoever by his conduct facilitates the communication of any
dangerous infectious disease shall be punished with imprisonment for from 3
· (three) months to 3 (three) years. 95

cilitates the communication of any
dangerous infectious disease shall be punished with imprisonment for from 3
· (three) months to 3 (three) years. 95

(2) ln the case of an infection dangerous to the !ife of any animal
usually intended for human consurnption, the pun1 shment shall be
imprisonment for from 1 (one) month to 1 (one) year. SECTION 261: Pollution of air and water
Whoever by his operations:
a) pollutes any drinkable wat er liable to be used by another; or
b) so po li utes the atmosphere as to render it harmful to human health,
shall be punished with imprisonment for from 15 (fifteen) days to 6 (six)
months, or with fine of from CFAF 5 000 (five thousand) to CFAF 1 000 000
(one million}, or with beth such imprisonment and fine. SECTION 262: Essential services
(1) Whoever breaks any contract of service or supply in such
circumstances that the foreseeable consequence of such breach is either a
grave danger to public health orto the health of patients in hospital, or grave
bodily injury, or grave danger to property of any nature, or the deprivation of a
number of persans of electricity, water, gas or any ether source of energy
shall be punished with imprisonment for from 1 (one) to 6 (six) months
(2) This section shall not apply to any persan who has given notice of 7
(seven) days or more.

ed with imprisonment for from 1 (one) to 6 (six) months
(2) This section shall not apply to any persan who has given notice of 7
(seven) days or more.

CHAPTERV
PUBLIC DECENC
SECTION 263: Public lndecency
PR:S:JE.-~CE DE LA REPUBLIQUE
s:CREIARIAT GENERAL
SERVIC!: :)U F;CKiE.< LEGiSLATIF ET REGL N
COPIE CE;:;TIFIEE CONE
Whoever publicly offends against decency shall be punished with
imprisonment for from 15 (fifteen) days to 2 (two) years or with fine of from
CFAF 10 000 (ten thousand) to CFAF 100 000 (one hundred thousand), or
with both such imprisonment and fine. SECTION 264: Corruption of Moral
Whoever
a) publicly utters any immoral song, cry or speech; or
b) draws the attention of the public to any occasion of immorality,
shall be punished with the penalties provided for in Section 263 above. 96

ech; or
b) draws the attention of the public to any occasion of immorality,
shall be punished with the penalties provided for in Section 263 above. 96

SECTIOti_~: Obscene Publications
VVhoever:
a) with a view of tr ade, manufactures, keeps, tmpo s,
experts; or
b) whether or not for gain, a nd whether or not publicly, exhibits or
· distributes - any writing, picture or abject liable to corrupt morais,
shall be pun ished with impris on ment for from 1 (one) month to 2 (two)
years and with fine of from CF AF (ten thousand ) to Y2 (h alf a million). (2) On conviction, the Court may arder closure for up to one year of the
establishment where the offender manufactures or keeps any such writing,
· picture or abject. SECTION 266: Other Objectionable Publications
(1) Whoever publishes any account, save the judgment, of any
affiliation, divorce or judicial separation proceeding, or of any prosecution for
abortion, shall be punished with fine of from CFAF 20 000 (twenty thousand)
to CFAF 6 000 000 (six million).

ion proceeding, or of any prosecution for
abortion, shall be punished with fine of from CFAF 20 000 (twenty thousand)
to CFAF 6 000 000 (six million).

(2) Whoever without the written permission of the authority responsible
for prosecution publishes in any manner the suicide of a persan aged under
eighteen years shall be punished with fine of from CFAF 20 000 (twenty
thousand) to CFAF 2 000 000 (two million); and on subsequent conviction
within the meaning of section 88 of this Code, may also be punished with
· imprisonment for from 2 (two) months ta 2 (two) years. (3) Whoever infringes section 23 (3) of this Code shall be punished with
fine of from CFAF 10 000 (ten tho usa nd) to CFAF 1 000 000 (one million). (4) Whoever publishes, whether by picture or in any other manner,
without the written request of the officer preparing prosecution, the whole or
any part of the circumstances of an offence of violence or committed against
a child or against morais, shall be punished with fine of from CFAF 20 000
(twenty thousand) to CFAF 200 000 (two hundred thousand). SECTION 267: Justification of Crime
Whoever publicly justifies the felonies of murder, depredation, arson,
destruction or felonious theft, or any felony or misdemeanour against the
security of the State, shall be punished with imprisonment for from 1 (one) to
97

uction or felonious theft, or any felony or misdemeanour against the
security of the State, shall be punished with imprisonment for from 1 (one) to
97

5 (five) years, or with fine of from CFAF 10 000 (ten thousand) to CFAF 20
00 000 (twenty mi ll ion), or with both such imp ri sonment and fi ne. SECTION 268: C rue!ty to an Anim a! (1) Whoever causes needless suffering to any anim al , whether
domestic, tamed or kept in captivity, shall be punished with imprisonment for
from 15 (fifteen) days to 3 (three) months, or with fine of from CFAF 5 000
(five thousand) to CFAF 20 000 (twenty thousand), or with bath such
imprisonment and fine. (2) On conviction, the Court may deprive the offender of ownershi p of
the animal. (3) Where the condition of the animal renders such an arder proper, the
Court may arder its destruction. SECTION 268- 1: Sexuallntercourse on an Animal
(1) Whoever has sexual intercourse on an animal shall be punished
with imprisonment for
from 3 (three) to 5 (five) years. (2) Whoever, by force or moral ascendency, compels any persan to
have sexual intercourse on an animal shall be punished with imprisonment for
from 5 (five) to 10 (ten) years. (3) ln cases provided for in Subsection (2) above, the Court may also
order the offender to bear the cast of medical treatment of the victim.

) years. (3) ln cases provided for in Subsection (2) above, the Court may also
order the offender to bear the cast of medical treatment of the victim.

CHAPTER VI
PUBLIC WORSHIP
SECTION 269: Freedom of Conscience
Whoever by any interference or threat compels or prevents the practice
. of any form of religion which does not involve the commission of a criminal
offence, shall be punished with imprisonment for from 1 (one) month to 1
(one) year and with fine of from CFAF 5 000 (five thousand) to CFAF 50 000
(fifty thousand). 98

punished with imprisonment for from 1 (one) month to 1
(one) year and with fine of from CFAF 5 000 (five thousand) to CFAF 50 000
(fifty thousand). 98

SF_CT ION 2IQ: Co nt empt of~. in ist ew of Re~igion
Whoever strikes or publicly insults a minister of religion on account of
his ministry shall be pu ni shed with imprisonment for from 1 (one) mo nth to 3
(three) years. SECTION 271: Violent Obstruction of Ministry
Whoever obstructs by assault or threat the exercise of his ministry by a
minister of religion shall be pun is hed in like manner. SECTION 272: Disturbance of Public Worship
Whoever by disturbance or disorder obstructs, delays or interrupts
religious worship in the place where it is customarily offered,
shall be punished with imprisonment for from 15 (fifteen) days to 1 (one)
year or with fine of from CFAF 5 000 (five thousand) to CFAF 100 000 (one
hundred thousand), or with bath such imprisonment and fine.

days to 1 (one)
year or with fine of from CFAF 5 000 (five thousand) to CFAF 100 000 (one
hundred thousand), or with bath such imprisonment and fine.

··- ··- ·-
SECTION 273: Disturbance of Funeral
Whoever:
a) disturbs any funeral ceremony or processio L~;::;:;::::::~;;:;;;;;;:;;::;;;:;..~
b) defaces any funerary monument; or
c) fails to perform any duty by which he is bound to bury or burn a corpse ;
shall be punished with imprisonment for from 1 (one) to 6 (six) months or
with fine of from CFAF 5 000 (five thousand) to CFAF 25 000 (twenty five
thousand), or with bath such imprisonment an~ fine. SECTION 274: Violation of Graves and Corpses
( 1) Whoever: ,
a) violates any tomb or place of burial; or
b) offers indignity to any hu man corpse or part thereof, whether buried or
not,
shall be punished with imprisonment for from 3 (three) months to 5 (five)
years and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hundred thousand). 99

h imprisonment for from 3 (three) months to 5 (five)
years and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hundred thousand). 99

(2) Nothing in this sect io n sha!l apply to any dealing with a corpse in the
interests of science and in accordance with any regulation in force. (3) Whoever has sexua! intercourse on a corpse shall be punished with
imprisonment for from 3 (three) months to 5 (five) yea rs . (4) Whoeve r, by force or moral ascendency, compels any persan to
have sexual intercourse on a corpse shall be punished with imprisonment for
from 5 (five) to 10 (ten) years. PART Ill
FELONIES AND MISDEMEANOURS AGAINST PRIVATE INTEREST
CHAPTER 1
THE PERSON
A -INTENTIONAL KILLING AND HARM
SECTION 275: Murder
Whoever causes another's death shall be punished with imprisonment
for life. SECTION 276: Capital Murder
(1) Whoever commits murder:
a) after premeditation; or
b) by poisoning; or
c) with a view to trafficking the organs of the victim;
d) in the preparation, facilitation or commission of a felony or
misdemeanour, or to enable the escape or to procure the impunity of
the offender or of an accessory to such felony or misdemeanour,
shall be punished with death.

r, or to enable the escape or to procure the impunity of
the offender or of an accessory to such felony or misdemeanour,
shall be punished with death.

{2) Murder shall be deemed premeditated notwithstanding that the
identity of the victim is not decided or that the enterprise depends on the
fulfilment of a condition. fi~ESIOENCE DEL~"&u 800 ;---:
, "' . ~EiC~fTAt/IAT GfNERAL
S~~V I 6~ CU F i C~IIF.R LEGISlATiF ET REGLE . COPIE Cc.~TIFlEE CONF .·
-
100

a condition. fi~ESIOENCE DEL~"&u 800 ;---:
, "' . ~EiC~fTAt/IAT GfNERAL
S~~V I 6~ CU F i C~IIF.R LEGISlATiF ET REGLE . COPIE Cc.~TIFlEE CONF .·
-
100

SECJ ION 277: Grievous Harm
Whoever permanent !y deprives another of the use of the vvhole or of
any part of any member, organ or sense shall be punished with împris onment
for from 10 (ten) to 20 (twenty) years. :-;-;,-oa . ;~-;~~ p usuo uE 1
' ,._ ..> , c~ r-RET A R IAi GENERAL t
• "' ~ P. EM 'l A~L
S""V r: ~ ~ · i ;:. r HIER LEGISLATIF ET <.:>L
C<'. ' ë~P I ·:cc R TI FIEE 1 roRM
SECTION 277-1: Genita l Mutilation
(1) Whoever mutilates the genital organ o rson, y any means
whatsoever, shall be punished with the penalties provided for in Section 277
above:
(2) The penalty shall be imprisonment for life where:
a) the offender habitually carries out such practice or does so for
commercial purposes;
b) it leads to the death of the victim. (3) The Court may also impose the forfeitures provided for in Sections
19 and 30 of this Code. (4) The provisions of Sub-sections 1 and 2 above shall not apply where
the acts were performed by a qualified persan and in arder to save life.

Code. (4) The provisions of Sub-sections 1 and 2 above shall not apply where
the acts were performed by a qualified persan and in arder to save life.

SECTION 277-2: Prevention of Growth of Organ
Whoever, in any manner whatsoever, interferes with an organ in arder ta
inhibit its normal growth shall be punished with imprisonment for from 6 (six)
months to 5 (five) years and with fine of from CFAF 100 000 (one hundred
thousand) to CFAF 1 000 000 (one million) or with bath such imprisonment
and fine. SECTION 277 -3: Torture
(1) Whoever involuntarily causes death by torture shall be punished
with life imprisonment. (2) The penalty shall be imprisonment for from 10 (ten) to 20 (twenty)
years where torture causes a permanent deprivation of the use of ali or part
of a limb, organ or sense. (3) The penalty shall be imprisonment for from 5 (five) to 10 (ten) years
and with fine of from CFAF 100 000 (one hu nd red tho usa nd) to CFAF
1 000 000 (one million) where torture leads to illness or incapacity to work of
more than 30 (thirty) days. 101

000 (one hu nd red tho usa nd) to CFAF
1 000 000 (one million) where torture leads to illness or incapacity to work of
more than 30 (thirty) days. 101

(4) The penalty sha ll be imprisonment for from 2 (two) to 5 (five1 years
and with fine of from CF.AF 50 000 (fifty thousand) to CFAF 200 000 (two
hundred thousand ) where torture leads to ill ness or incapacîty to work of up to
30 (thirty) day s, or pai n or mental or psychological inju ry. (5) Fo r th e purposes of th is section! "torture" shali mean any act by
which acute pain or suffering , either physical , mental or psychological, is
intentionally inflicted to a persan by a public servant, a traditional le ader or
any other person acting in the course of duties either at his own instigation or
with his express or impl ie d conse nt, in order to obtain information or
confessions from that persan or from another, to punish her for an act that
she or any other person has committed, oris presumed to have committed, to
intimidate or overawe her or any ether persan, or for any ether motive based
on any discrimination. The word "torture" as so defined does not apply to pain or suffering
resulting from legitimate punishments, inherent to or caused by them.

rimination. The word "torture" as so defined does not apply to pain or suffering
resulting from legitimate punishments, inherent to or caused by them.

(6) No exceptional circumstances, whatever they are, whether a state of
war or threat of war, internai political stability or state of exception, may be
invoked to justify torture. (7) Torture may not be justified by command of a superior or public
authority. (8) The requirements provided in section 10 (1) of this Code shall not be
. applicable to torture. 8 - INTENTIONAL FORCE AND INT
SECTION 278: Assault Occasioning Death
( 1) Whoever by force or interference unintentionally causes another's
death shall be punished with imprisonment for from 6 (six) to 20 (twenty)
years. (2)Where the force or interference is used in the course of any act of
witchcraft, magic or divination the punishment shall be imprisonment for life. SECTION 279: Assault Occasioning Grievous Harm
(1) Whoever by force or interference unintentionally causes to another
the injuries described in section 277 of this Code shall be punished with
imprisonment for from 5 (five) to 10 (ten) years and in a fit case with fine of
from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred thousand). 102

onment for from 5 (five) to 10 (ten) years and in a fit case with fine of
from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred thousand). 102

(2) Where use is ma.de of a weapon , of any explosive, corr osive or toxic
substance, of poison , or of any act -of witchcraft, magic or divination the
împrisonment shall be from 6 (six) to 15 (fifteen) years. SECTION 280: Simple Harm
Whoever by force or interference causes intentionally or unintentionally
to another any sickness or inability to work lasting more than 30 (thirty) days
shall be punished with imprisonment for from 6 (six) months to 5 (five) years
or with fine of from CFAF 5 000 (fi ve thousand) to 200 000 (two hundred
thousand), or with both such imprisonment and fine. SECTION 281: Slight Harm
Whoever by force or interference causes intentionally or unintentionally
to another any .sickness or inability to work lasting for more than 8 (eight)
days and up to 30 (thirty) days shall be punished with imprisonment for from 6
(six) daysto 2 (two) years or with fine of from CFAF 5 000 (five thousand) to
CFAF 50 000 (fifty thousand), or with bath such imprisonment and fine.

6
(six) daysto 2 (two) years or with fine of from CFAF 5 000 (five thousand) to
CFAF 50 000 (fifty thousand), or with bath such imprisonment and fine.

SECTION 282: Desertion of Incapable
(1) Whoever with intent to abandon him removes any persan un able to
protect himself by reason of his physical or mental condition shall be
punished with imprisonment for from 1 (one) to 3 (three) years and with fine
of from CFAF 5 000 (five thousand) to CFAF 25 000 (twenty-five thousand). (2) Where the abandonment is in a lonely place the punishment shall be
imprisonment for from 5 (five) to 10 (ten) years. (3) Where the offender is an ascendant or any other persan having
authority over the incapable or having custody of him, whether by law or in
fact, the punishment shall be imprisonment for from 10 (ten) to 20 (twenty)
years. (4) Upon conviction under this section the court may impose the
forfeitures described by section 30 of this Code and ma~_a lso dep ·
offender of parental power for the sa me period. PR::s ; :,::i~ C E oE LA REPuauauE
Si:': :<:ï A~IAT GENERAl
SE :f i!C:: CJ 'j f ,C; :iê.!

a lso dep ·
offender of parental power for the sa me period. PR::s ; :,::i~ C E oE LA REPuauauE
Si:': :<:ï A~IAT GENERAl
SE :f i!C:: CJ 'j f ,C; :iê.!

L~;:;IS LXi l f ET
COPIE c.::{·, :::; :;;: 'FOR ._
· SECTION 283: Failure to Assist
Whoever fails to render assistance to a persan in danger of death or
grievous harm, whether by his own endeavours or by calling for help, where
such assistance involves no risk to himself or to any other persan, shall be
103

ous harm, whether by his own endeavours or by calling for help, where
such assistance involves no risk to himself or to any other persan, shall be
103

punished with imprisonment for from i (one) month to 3 (three) years or with
2 0 { \ • r.F ,. """"'" 000 ' · . .. .fine of fror.--1 CFAF 0 00 ,twenty t.1ousand v> ..1 A, - .Jv\..! ·~one n''.!lon;. oc witn •)Oth such 1mprisonment and fine. C - COMMON PRQViSIONS
S ECT ION 284 : Mistake as to Victim
For the purposes of Sections 275 to 281 inclusive the infliction of death
or the use of force or interference shall be treated as i nten tional
notwithstanding that it is intended to be inflicted on or used against a different
persan. SECTION 285: Constructive Force
For the purposes of this Code the following shall be treated as the use
of force or as interference:
a) the administration of any substance harmful to health ;
b) desertion under section 282 ;
c) deprivation of nourishment or ca re, to a degree endangering health,
by a person having custody in law or in fact of another who is either
incapable of withdrawing himself from the said custody or incapable of
providing for himself.

aving custody in law or in fact of another who is either
incapable of withdrawing himself from the said custody or incapable of
providing for himself.

SECTION 286: Medical Treatment
Sections 277 to 281 inclusive shall not apply to the professional
services of any person duly authorized to render them, where performed with
the consent either of the patient or of such persan as may have custody of
him:
Provided that where the patient is incapable of consent his spouse may
consent on his behalf, and where communication with the said spouse or
person having custody is impossible without risk .to the patient, consent shall
not be necessary. SECTION 287: lnterest of Victim
The infliction of harm and the use of force shall constitute no offence
where proved to be justified by the immediate necessity of avoiding greater
harm to the victim. 104

m and the use of force shall constitute no offence
where proved to be justified by the immediate necessity of avoiding greater
harm to the victim. 104

SECTIO 288: Spo .. t
vect1ons 278 ta 281 inclusive shall not be applicable to anytrw1g done ln
the course of a sport and in accordance with its ru les. D - U N!NTENTIONAL KiLLING AND HARM
SECTION 289: Un in tentional Kill i ng and Harm
(1) Whoever by lack of due skill, carelessness, rash ness or disregard of
regulation causes another's death or such harm, sickness or incapacity as is
described in section 277 or 280 shall be punished with imprisonment for from
3 (three) months to 5 (five) years or with fine of from CFAF 10 000 (ten
thousand) to CFAF 500 000 (five hundred thousand), or with beth such
imprisonment and fine. (2) Where such harm, sickness or incapacity as is described in Sections
277 or 280 is caused by an offence against section 227 or 228 (2) (a) or (b)
the imprisonment shall be from 6 (six) to (20) twenty years. (3) Where another's death is caused by an offence against Sections
227or 228 (2) (a) or (b), the punishment shall be imprisonment for lite.

nty years. (3) Where another's death is caused by an offence against Sections
227or 228 (2) (a) or (b), the punishment shall be imprisonment for lite.

(4) Where any offence against this section is committed in the course of
driving a vehicle requiring a driving license, the Court may disqualify the
offender for up to 3 (three) years from holding such li cense and for any
subsequent offence within the meaning of Section 88 of this Code may
disqualify him for up to 10 (ten) years. PR ESIDêNCE DE LA REPUBLiQUE
SECRfiAR IAT GENERAL
SECTION 290: Drivers of Vehicles
(1) The punishment provided by section 289 (1) haJ.L b~ do619 le efl-oF an- . offence committed by the driver of any vehicle
a) who is drunk or drugged when driving ; or
b) who has not the li cense required for driving the vehicle in question ;
or
c) who with intent to avoid his liability departs before being identified. (2) Where such harm as is described in section 281 is caused
unintentionally in the circumstances of the last foregoing subsection, the
driver shall be punished with imprisonment for from 6 (six) months to 4 (four)
years and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hundred thousand). 105

th imprisonment for from 6 (six) months to 4 (four)
years and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hundred thousand). 105

(3) For an' offe n-::e agalnst this section, the Court rnay disqua!1fy the
offender for up ta five years from holding a driving license; and on
subsequent convic ti on within the meaning of Section 88 of this Code may
disqualify him for life or for any lesser term . (4) ln any case not covered by subsection (1) (c) of this section, the
driver of any vehicle involved in an accident who with intent ta av o id hi s
liability departs before being identified shall be punished with imprisonment
for from 1 (one) month to 1 (one) year and with fine of from CFAF 20 000
(twenty thousand) to CFAF 200 000 (two hundred thousand); and the Court
. may disqualify him for up to 2 (two) years from holding a driving license. CHAPTER Il
PRIVATE LIBERTY AND TRANQUILITY
A -LIBERTY
SECTION n 291: False Arrest
(1) Whoever in any manner deprives another of his liberty shall be
· punished with imprisonment for from 5 (five) to 10 (ten) years and with fine of
from CFAF 20 000 (twenty thousand) to CFAF 1 000 000 (one million). (2) The punishment shall be imprisonment for from 10 (ten) to 20
.

nd with fine of
from CFAF 20 000 (twenty thousand) to CFAF 1 000 000 (one million). (2) The punishment shall be imprisonment for from 10 (ten) to 20
.

(twenty) years in any of the following cases:
a) where the deprivation of liberty lasts for more than a month; or
b) where it is accompanied with physical or mental torture; or
c) where the arrest is effected with the a id of a forged arder from a
public authority or of a uniform unlawfully worn, or pretending an
appointment not held. SECTION 292: Forced Labour
Whoever for his persona! advantage compels another to do any work or
.to render any service which he has not offered of his own free will shall be
punished with imprisonment for from 1 (one) to 5 (five) years or with fine of
from CFFAF 10 000 (ten thousand) to CFAF 500 000 (five hu nd red
thousand), or with bath such imprisonment and fine. 106
?R=s:DENCE DE LA REPUBLIQUE
" . . _ SECRETARIAT GENERAl
.>EiN:C~ :>JFiC"iiE~ LE GISLATIF ET RE
CO D , - , -.-·,y · ~.-~
·, ~o.: l...t r, :de :: CO, R
-

R=s:DENCE DE LA REPUBLIQUE
" . . _ SECRETARIAT GENERAl
.>EiN:C~ :>JFiC"iiE~ LE GISLATIF ET RE
CO D , - , -.-·,y · ~.-~
·, ~o.: l...t r, :de :: CO, R
-

SECTI ON 293: Sl avery
\Nh oever enslaves any p er sor. 01 Ke eps him in s~avery sha.i b~·
punished with imprisonment for from 10 (ten) to 20 (twenty) year s. The Cou rt may in addition impose the forfeitures described in Section
30 of this Code. SECTION 294: Immoral Earnings
(1) Whoever procures, a ids or facilita tes another persans' prostitution ,
or shares in the proceeds of another's prostitution, whether habituai or
otherwise, or who is subsidized by any persan engaging in prostitution shall
be punished with imprisonment for from 6 (six) months to 5 (five) years and
with fine of from CFAF 20 000 (twenty thousand) to CFAF 1 000 000 (one
million). (2) Whoever lives with a persan engaging in prostitution shall be
presumed to be subsidised by her, unless he shows that his own resources
are sufficient to enable him to support himself. (3) The punishment shall be doubled where:
a. the offence is accompanied; by coercion or by fraud or where the
offender is armed; or where he is the owner, manager or
otherwise in charge of an establishment where prostitution is
habitually practiced;
b.

ere the
offender is armed; or where he is the owner, manager or
otherwise in charge of an establishment where prostitution is
habitually practiced;
b.

where the offence has been committed to the detriment of any
persan under the age of 21 (twenty-one);
c. · where the offender is the father or mother, guardian or persan
with customary responsibility. (4) ln the cases referred to under subsection 3, the provisions of section
48 shall be applied. (5) The court may impose the forfeitures described by Section 30 of this
Code and disqualify the offender for the same period from being guardian or
curator of any persan and from having custody, customary or otherwise, of
any pers on under the age of 21 (twenty-one ). (6) Upon conviction under subsection 3 (a) of this section, the court
shall arder closure of the establishment, to whatever other use it may be put.

. (6) Upon conviction under subsection 3 (a) of this section, the court
shall arder closure of the establishment, to whatever other use it may be put.

(7) The prostitute herse!f shal! not be treated as accessory tc
offerv::;: under this section . B - SEXUAL OFFENCES
SEC HON 295: Private indecency
( 1) Whoever in any place, notwithstanding th at it may not be open to the
public, commits an indecent act in the presence of any person of either sex
and without his consent shall be punished with imprisonment for from 15
(fifteen) days to 2 (two) years or with fine of from CFAF 10 000 (ten thousand)
to CFAF 100 000 (one hundred thousand), or with bath such imprisonment
and fine. (2) The punishment shall be doubled where the offence is accompanied
by assault. SECTION 296: Rape
Whoever by force or moral ascendency compels any persan, whether
above or below the age of puberty, to have sexual intercourse with him shall
be punished with imprisonment for from 5 (five) to 10 (ten) years. SECTION 297: Subsequent Marriage
Marriage freely consented between the offender and the victim, even
where she is over puberty at the time of commission of the offence provided
for in Sections 295 and 296 above, shall have no effect on the prosecution
and conviction.

r puberty at the time of commission of the offence provided
for in Sections 295 and 296 above, shall have no effect on the prosecution
and conviction.

SECTION 298: Aggravation
The penalties prescribed by Sections 294, 295 and 296 shall be
doubled where the offender:
a) has authority over the victim, or custody of him by law or by custom; or
b) is a public servant or minister of religion; or
c) is helped by one or more ethers. 108
F'.~.:~:DEt~CE DE lA REPUBLiQUE
SECR::TARIAT GENERA L
SŒV!C:E SU FICH!Ef1 LEG IS LATIF ET REGLE
C..., ,., .,.. rr~ ,- , .. ,-,. Cv i iC -... ci: ,,.. tt ONFO E

Et~CE DE lA REPUBLiQUE
SECR::TARIAT GENERA L
SŒV!C:E SU FICH!Ef1 LEG IS LATIF ET REGLE
C..., ,., .,.. rr~ ,- , .. ,-,. Cv i iC -... ci: ,,.. tt ONFO E

( 1) Whoever enters or rema ins in another's residence against his will
shall be punished with imprison ment for from 10 (ten) days to 1 (one) year or
with fine of from CFAF 5 000 (five thousand) to CFAF 50 000 (fifty thousand),
or with ba th such imprisonment and fine. (2) The penalty shall be doubled for an offence committed at night or
with the a id of force, threats or other interference. ~ ----·- ---
(3) No prosecution may be commenced wit out th=~ ~~~ ~~ ~~~~ uE t:.r . . . red part SE:~V I CE DU f iChi ER LEGISLATIF ET RE A~t
JnjU y. COPIE CERTIFIEE C · RM
(1) Whoever without permission from the addressee destroys, conceals
or opens another's correspondance shall be punished with imprisonment for
from 15 (fifteen) days to 1 (one) year or with fine of from CFAF 5 000 (five
thousand) to CFAF 100 000 (one hundred thousand), or with bath such
imprisonment and fine. (2) This Section shall not apply between spouses, to parents in respect
of their children under 21 (twenty-one) years of age and unemancipated, orto
guardians or persans responsible by custom in respect of their wards.

ect
of their children under 21 (twenty-one) years of age and unemancipated, orto
guardians or persans responsible by custom in respect of their wards.

SECTION 301: Simple Threats
Whoever orally or by any writing or picture threatens another with force
or interference, or with the destruction of any property, or with breaking into
his residence, shall be punished with imprisonment for from 10 (ten) days to 3
(three) years and with fine of from CFAF 5 000 (five thousand) to CFAF
150 000 (one hundred and fifty thousand). SECTION 302: Conditional Threats
(1) Whoever threatens another, expressly or by implication, with force
or other interference in case of his failure to comply with any arder or
condition shall be punished with imprisonment for from 10 (ten) days to 6 (six)
months and with fine of from CFAF 5 000 (five thousand) to CFAF 25 000
(twenty-five thousand). (2) Where the force or ether interference would constitute a felony
punishable with death or with imprisonment for life, the punishment shall be:
109

(2) Where the force or ether interference would constitute a felony
punishable with death or with imprisonment for life, the punishment shall be:
109

a) imprisonmem for from 6 (six) mo nths to 3 (three) years and fine of
fror~. CFAF 5 000 tf!ve rhousand) to C FA F 10 000 (seventy thousand) 'for
verbal threat s;
b) imprisonment for from 2 (two) to 5 (five) years and fin e of from CFA F
10 000 (ten thousand) to CFAF 2 50 000 (two hundred and fifty thousand) for
threats in writing or picture; and the Court may in add ition impose the
forfeitures described in section 30 of this Code. SECTION 302 -1 : Sexual Harassment
( 1) Whoever takes advantage of the authority conferred on him by his
position to harass another using orders, threats, constraints or pressure in
order to obtain sexual faveurs, shall be punished with imprisonment for from 6
(six) months to 1 (one) year and with fine of from CFAF (one hundred
thous and) to CFAF 1 000 000 (one million). (2) The penalty shall be imprisonment for from one ta 3 (three) years
where the victim is a minor. (3) The penalty shall be imprisonment for from 3 (three) to 5 (five) years
where the offender is in charge of the education of the victim . .

a minor. (3) The penalty shall be imprisonment for from 3 (three) to 5 (five) years
where the offender is in charge of the education of the victim . .

SECTION 303: Blackmail
(1) Whoever threatens another with a defamatory imputation or with any
revelation in case of his failure to comply with any arder or condition shall be
punished with imprisonment for from one to 5 (five) years and with fine of
· from CFAF 200 000 (two hundred thousand) to CFAF 2 000 000 (two million). (2) The penalty shall be doubled for imputation of a felony. (3) The Court may in addition impose the forfeitures described in
Section 30 of this Code. SECTION 304: False Report
(1) Whoever makes to any persan in authority, whether public or
private, a false report lia ble to lead ta prosecution or to disciplinary measures
shall be punished with imprisonment for from 6 (six) months to 5 (five) years
and with fine of from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one
million), unless he shows that he had good reason to believe the report to be
true. 110
-

ne of from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one
million), unless he shows that he had good reason to believe the report to be
true. 110
-

(2) lmprisonment. sha!l be for frorn 2 {two) to 5 (five\ years when tt,E,
false report is anonyrnüL-iS . (3) Where in consequence of the report a crimïnal prosecution ls
commenced in the trial court in respect of the facts reported, any prosecutîon
for false report shall be stayed until final judgment.4--;::< -~ 2 : =~~~cE DE LA REPUB 'J OUE
: :: cR ::ïAR l.A.T GE NERA L , c , 0
ent - · '[~ ·c,- ·sL AT i·r- Eï ~ ~\,;L ._ N' ,>,il'< c
IC'I:f.Y\ • r ri· " lc ul
:::t·n •o• . •• ~ ' c
C" o lr.: r·· -=-· -i! r !E é ~.J'FO R . '-'- Jr :.... '-"L-• ' ~
(4) The Court may arder publ ication of its ju
SECTION 305: Defamation
(1) Whoever by any of the means described in Section 152 injures the
honour or reputation of another by imputations, direct or indirect, of facts
which he is unable to prove shall be punished with imprisonment for from 6
. (six) days to 6 (six) months and with a fine of from CFAF 5 000 (five
thousand) to CFAF 2 000 000 (two million), or with only one of the penalties. (2) These penalties shall equally apply to persans guilty of defamation
in the print and audio-visual media without prejudice to the right of reply and
to the obligation to publish corrections.

persans guilty of defamation
in the print and audio-visual media without prejudice to the right of reply and
to the obligation to publish corrections.

(3) No ·proof may be offered of the truth of defamatory imputation
where:
a) it concerns the private life of the persan defamed; or
b) it refers to a fact more than ten years old; or
c) it refers to a tact constituting an offence which has been amnestied or
the conviction for which has been otherwise expunged. ·(4) No prosecution may be commenced ·without the complaint of the
injured party or of his representative by law or by custom, or continued after
withdrawal of the complaint. (5) Prosecution shall be barred by the lapse of four months from
commission of the offence or from the last step in preparation or prosecution. (6) This section shall apply to defamation of the memory of a deceased
. persan with intent to injure the honour or reputation of his living heirs, spouse
or universallegatee. (7) The penalty shall be halved for a defamation which is not public. (8) The penalty shall be doubled for anonymous defamation. 111

universallegatee. (7) The penalty shall be halved for a defamation which is not public. (8) The penalty shall be doubled for anonymous defamation. 111

The tolloVI ing shail cons·Utute ne offe nc.;t::. 1. speeches within any legislat ive assembly, and any reports or other
documents printed by arder of an y such assembly ;
2. faithful ac co unts without malice of the pu blic sittings of Parliament
any such assembly ;
3. proceedings in court and the speec hes made and documents
produced in court ;
4. faithful accounts without malice of ali such proceedings and
speeches, save of prosecution or action for defamation ;
5. publication of any judgment or judicial arder, including those passed
in a prosecution or action for defamation ;
6. an official report without malice by a persan lawfully appointed to
conduct an enquiry to the extent that it is germane to the enquiry;
7. imputations without malice by a superior on his subordinate ;
8. information on any persan given without malice to a third party
having an interest, persona! or official, in receiving it, or having
power to remedy an alleged injustice ;
9. criticism of any work of art, entertainment
expressed in public, provided that such
or opinion shawn or
criticism be not an
expression of persona! animosity ; r-::=-:-:------- ......,- -" Rë::,:; ENCE DE LA REPUBUQU 1
1O.

ed that such
or opinion shawn or
criticism be not an
expression of persona! animosity ; r-::=-:-:------- ......,- -" Rë::,:; ENCE DE LA REPUBUQU 1
1O.

any work of a historical nature and withou maJice . s~~~~ ~ ~ MGENERAt' ~- J" '; . - : · · , ~ U:·.., :SI.AT!F ET ,LE NTArn E
COP1E CE :r~~ ~ ~ ·ië2 ~" FCR lJ. SECTION 307: Abuse
(1) Whoever uses without having been provoked against any persan in
the circumstances of publicity described in section 152 any insulting
expression, or contemptuous gesture or words, or invective without
imputation of fa ct, shall be punished with imprisonment for from 5 (five) days
to 3 (three) months or, with fine of from CFAF 5 000 (five thousand) to CFAF
100 000 (one hundred thousand), or with both such imprisonment and fine. (2) No prosecution may be commenced without the complaint of the
injured party or of his representative by law or by custom, or continued after
withdrawal of the complaint. (3) Prosecution shall be barred by the lapse of four months from the
commission of the offence or from the last step in preparation or prosecution. 112

3) Prosecution shall be barred by the lapse of four months from the
commission of the offence or from the last step in preparation or prosecution. 112

(4) This sec tion shall app ly to abuse of the merr!orv of deceased persor
in the circumstances prescribed by section 305 (5)
SECTION 308: Extortion of DRsposition or Signature
(1) Whoever by force, co ercion or fraud extorts the signature or the
delivery of any document having the effect of an obligation, discharge or
disposition, or otherwise liable to harm the signatory in his persan or in his
substance, shall be punished with imprisonment for from 5 (five) to 10 (ten)
years and with fine of from CFAF 10 000 (ten thousand) to CFAF 500 000
(five hundred thousand). (2) Whoever procures by the like means the delivery of a signed blank
paper and fills it up with any obligation, discharge or disposition shall be
punished in like mannar. CHAPTER Ill
CONFIDENCE
SECTION 309: Signature in Blank
PRESlùENCE DE lA R:PUBUQUE
SK~EiA RI A T G ENERAL
~Ei: ' i !

shall be
punished in like mannar. CHAPTER Ill
CONFIDENCE
SECTION 309: Signature in Blank
PRESlùENCE DE lA R:PUBUQUE
SK~EiA RI A T G ENERAL
~Ei: ' i !

C ~ =~ ' F .':::r P E.~ LEG !SI.AiiF ET REGL
Whoever, being entrusted with a signed blank paper takes advantage of
it to insert any unauthorized obligation, discharge or disposition or any ether
writing liable to harm the signatory in his persan or in his substance, shall be
punished with imprisonment for from 1 (one) to 5 (five) years or with fine of
from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred thousand),
or with both such imprisonment and fine. SECTION 310: Professional Confidence
(1) Whoever without permission from the persan interested in secrecy
reveals any confidential tact which has come to his knowledge or which has
been confided to him solely by reason of his profession or duties shall be
punished with imprisonment for from 3 (three) months to 3 (three) years and
with fine of from CFAF 20 000 (twenty thousand) to CFAF 100 000 (one
hundredthousand). (2) Subsection (1) shall apply neither to statements to the prosecution
or police concerning tacts which may amount to a felony or misdemeanour,
nor to answers in court to any question whatever. ·
(3) Nothing in subsection (2) shall release from the duty of professional
confidence:
113

meanour,
nor to answers in court to any question whatever. ·
(3) Nothing in subsection (2) shall release from the duty of professional
confidence:
113

a) a physiciar: or s .J.rgeon save witl1~ n +he scope of a :P11~rn!ssion from
the prosecuti':"dl C)r of his reference a~ .~,;·; ~~xpert referee
b) a public servant under orde rs in wnting from the Gove· n'Tient;
c) a minister of religion or counsel;
(4) Upon conviction the Court may arder the forfeitures described by
Secti on 30 of this Code. SECTION 311: C ommerc ial C on f i dence
(1) Whoever reveals without permission from the pe rs an interested in
secrecy any confidential fact or process which has come to his knowledge or
which has been confided to him solely by reason of his employment in an
. industrial or commercial undertaking shall be punished with imprisonment for
from 3 (three) months to 3 (three) years or with fine of from CFAF 100 000
(one hundred thousand) to CFAF 5 000 000 (five million), or with both such
imprisonment and fine. (2) Upon conviction the Court may arder the forfaitures described by
section 30 of this Code. SECTION 311-1: Non-observance of Conditions for Registration in the
Trade and Personal Property Credit Register
Whoever is bound to fulfil any condition for registration in the Trade and
Persona!

or Registration in the
Trade and Personal Property Credit Register
Whoever is bound to fulfil any condition for registration in the Trade and
Persona!

Property Credit Register and who fails to do so or does so by fraud,
shall be punished with imprisonment for from three 3 (months) to 3 (three)
. years or with fine of from CFAF 100 000 (one hu nd red tho usa nd) to CFAF
5 000 000 (five million), or with both such imprisonment and fine. The competent Court shall, where necessary, arder the rectification of
inaccurate entries and transcripts. SECTION 311- 2: Failure to lndicate the Status of Lease Manager of a
Business
Any lease manager of a business who omits to indicate such status at
the top of his purchase orders, invoices, and ether financial or commerèial
documents as weil as his registration number in the Trade and Persona! Property Credit Register shall be punished with imprisonment for from 3
(three) months to 3 (three) years or with fine of from CFAF 100 000 (one
hundred thousand) to CFAF 5 000 000 (five million), or with both such
imprisonment and fine. ~
114

three) years or with fine of from CFAF 100 000 (one
hundred thousand) to CFAF 5 000 000 (five million), or with both such
imprisonment and fine. ~
114

(2) ··The Coud ma: ;r: additioi1 impose the fodF~i'tures d es c~·i b e.: n
Sect1on 30 of this Code. SECTION 313-1: Non-dec~aration of Con flict of lnterest
Whoever, being an employee of the pu blic or private secto r, personally
or through a third party or under any name whatsoever, has vested interests
in an enterprise or a sector placed under his direct supervision or that relates
to him, th at may compromise or restrict his independenc e, but fails to inform
his superiors, shall be punished with imprisonment for from 1 (one) to 5 (five)
years and with fine of from CFAF 200 000 (two hundred thousand) to CFAF
2 000 000 (two million). SECTION 314: Forgery
(1) Whoever forges or alters, whether in its substance or in the
signatures of the parties or witnesses or in its date, any private document
· having the effect of an obligation, discharge or disposition shall be punished
with imprisonment for from 3 (three) to 8 (eight) years and with fine of from
CFAF 50 000 (fifty thousand) to CFAF (one million).

on shall be punished
with imprisonment for from 3 (three) to 8 (eight) years and with fine of from
CFAF 50 000 (fifty thousand) to CFAF (one million).

(2) The penalty shall be imprisonment for from 5 (five) to 10 (ten) years
and with fine of from CFAF 100 000 (one hundred thousand) to CFAF
2 000 000 (two million) where the document is:
a) commercial or bank paper; or
b) evidence of a right in land; or
c) a power to sign any document described by subsection (a) or (b); or
d) a will. (3) Whoever makes use of:
a) any document described in this section; or
b) of an expired document of like nature representing it to be still be
effective; or
c) of a document of like nature referring to another person of whom he
passes himself off- shall be punished in like manner as if he had
forged the document. 116
-------·- --·· - -
? .~ :~JDENCE DE LA REPUBLIQUE
SECRETARIAT GENERAL
S~ :N· ::: : : ~ ;r i CHIER LEGISLATIF ET REG · EN ~l'RE
C0:' :2 CE~ïiFIEE CONF. RME

---·- --·· - -
? .~ :~JDENCE DE LA REPUBLIQUE
SECRETARIAT GENERAL
S~ :N· ::: : : ~ ;r i CHIER LEGISLATIF ET REG · EN ~l'RE
C0:' :2 CE~ïiFIEE CONF. RME

(1) Whoe Je t deiiberately drâ\riiS up off record accounts , uses false
documents, records false income and expenses or destroys accounting
documents earlier than provided for by law, shall be punished with
imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF
200 000 (two hundred tllousand) to CFAF 2 000 000 (two million). (2 ) The penalties provided for in Subsection (1) above shall be doubled
where the offender is an officia ll y recognized professional accountant or
where the accounts produced were certified as true and fair by such
professiona 1. (3) Where false accounts are drawn up or certified with intent to conceal
acts of corruption or misappropriation of public property, the penalties shall be
those applicable to such offences. SECTION 315: False or Forged Certificate
(1) Whoever forges or alters a private certificats or issues a false
certificate, where such issue is not otherwise punished, or who makes use of
a forged, altered or false private certificats shall be punished with
. imprisonment for from 1 (one) month to 1 (one) year.

shed, or who makes use of
a forged, altered or false private certificats shall be punished with
. imprisonment for from 1 (one) month to 1 (one) year.

(2) The penalty provided for in Subsection (1) above shall be doubled
for forgery, alteration, or use of a medical certificate or of any private
document not described by Section 314. CHAPTERIV
PROPERTY
A - DESTRUCTION
SECTION 316 : Destruction
FR':SIDENCE DE LA REPUBLIQUE
SECRETARIA TGENERAL
SERVICE CU FICHIER LEGISLATIF ET R . EM
COPIE CERTIFIEE C · ORM
(1) Whoever destroys the whole or any part of any property belonging
wholly or in part to another or charged in faveur of another shall be punished
with imprisonment for from 15 (fifteen) days to 3 (three) years or with fine of
CFAF 5 000 (five) thousand to CFAF 100 000 (one hundred thousand), or
with bath such imprisonment and fine. (2) The penalty shall be imprisonment for from 2 (two) to 10 (ten) years
or fine of from CFAF 10 000 (ten thousand) to CFAF 500 000 (five hundred
117

(2) The penalty shall be imprisonment for from 2 (two) to 10 (ten) years
or fine of from CFAF 10 000 (ten thousand) to CFAF 500 000 (five hundred
117

thousand), or with both such imprisonment and fine1 where the prope rty in
auesti on is a building, construction, ship, plant c;r installation. SECTION 317: Bounda ry Marks and Fences
Whoever:
a) destroys, removes or displaces a boundary stone or any ether mark set
up to show the boundary be tween properties: or
b) destroys any fen ce of whatever nature,
shall be punished with imprisonment for from 15 (fifteen) days to 1 (one) year
and with fine of from CFAF 5 000 (five thousand) to CFAF 50 000 ( fifty
thousand). B- AGAINST PROPRIETARY INTEREST
SECTION 318: Theft, Misappropriation, False Pretences
( 1) Whoever causes loss to another:
a) by theft, that is by removing his property; or
b) by misappropriation that is by destruction, waste or conversion of
any property capable of being removed entrusted to him for the
purpose of custody, return, accounting or any particular manner of
dealing.

nversion of
any property capable of being removed entrusted to him for the
purpose of custody, return, accounting or any particular manner of
dealing.

Provided that this paragraph shall apply neither to money loan nor to a
consumer goods loan ;
c) false prete nee, th at is by influencing him deceitfully by tricks or by
misrepresentation or concealment of any matter of fact ; shall be
punished with imprisonment for from 5 (five) to 10 (ten) years and
with fine of from CFAF 100 000 (one hundred thousand) to CFAF
1 000 000 (one million). (2) The Court may in addition impose the forfaitures described in
Section 30 of this Code. PRéSiD ENCE DE LA REPUBLIQUE
SECREïARIAT GENERAL
SECTION 319: Special Thefts and Misappropriation sER v ie: ::u riCHIER LEG ISLATIF ET EM
CO PIE CE R TIFIEE ~ RM
The penalties provided for in Section 318 above ~h~a!:l - ~~~ ====:::::;:;;:::::::::J
1. the unauthorized appropriation of any generated energy; and
118

e penalties provided for in Section 318 above ~h~a!:l - ~~~ ====:::::;:;;:::::::::J
1. the unauthorized appropriation of any generated energy; and
118

2. the unauthorized use of anv oror.Jertv, w1thmJ the in tention 'c depriw::.~' ~ " "
'·n;:::::. (,\1 ' /n•=r of i"'- · .:::.ndu ·:....-.~ ·"" ·.t ·l ~:,S,: · . - ~~, \ÇA •
3. the taking of lost property; and
4. the taking or misappropriation by a debtor of his own property
charged with the debt. SECTION 320 : Aggravated Theft
(1 ) The penalties provided for in Section 318 above shall be doubled if
the theft was committed eithe r:
a) with force, or
b) bea ring weapons, or
c) by breaking in, by climbing in, or by the use of a false key, or
d) with a motor vehicle. (2) Whoever commits a theft by the use of force causing the death of
another or grievous harms as provided for in Sections 277 and 279 of the
Penal Code shall be punished with the death. SECTION 321: Aggravated Misappropriation and False Prete nees
The penalties prescribed by section 318 shall be doubled for
misappropriation or false pretences committed:
a) by counsel or by notary, public auctioneer, bailiff, process server or
business agent;
b) by an employee or employer against his employer or employee;
c) by an offender advertising or who has advertised publicly.

erver or
business agent;
b) by an employee or employer against his employer or employee;
c) by an offender advertising or who has advertised publicly.

SECTION 322: Credit by Fraud and Fraudulent Retention
( 1) Whoever, being Unable to pa y for them: PRESIDENCE DE LA Rc:pu ~-~
. .. auoue
SERv ;.-·: .~U -ICSECREi~RI AT GENERAL
""~'"' r HIE~ lt:GIStA TIF ET R-=-
a) orders and consumes on the spot any food or d tlokl ~ Of RïiFIEE co, ~~~ MEN
b) occupies any room in a hotel; or
c) hi res a taxi
shall be punished with imprisonment for from 5 (five) days to 6 (six) months
and with fine of from CFAF 5 000 (five thousand) to CFAF 25 000 ( twenty-
five thousand). 119

th imprisonment for from 5 (five) days to 6 (six) months
and with fine of from CFAF 5 000 (five thousand) to CFAF 25 000 ( twenty-
five thousand). 119

(2 ) The acts desc ri bed in subsecti om:; ~ (a) an d (b ) shall const itu te no
offence if the su oo 1v of fo od or dr ink or th r- accommodat io n sc; ~ t i " ues for1 ' •
more t rta n o ne w ee ~c
(3 ) Whoeve r, without just cause, retains an ything belonging to another
sha il be punished in like manner. SEC T ION 322 -1 : Renting Fraud
(1) Whoever rents a built or un-built property on the basis of a duly
reg istered contract, owing two months rents, and who has not paid such rents
or vacated the sa id property, one month after service of a notice to pa y or
quit, shall be punished with imprisonment for from 6 (six) months to 3 (three)
years or with fine of from CFAF 100 000 (one hundred thousand) to CFAF
300 000 (three hu nd red thousand), or with bath such imprisonment and fine. {2) Upon conviction the Court shall, in addition, arder the eviction of the
tenant or any ether occupant. SECTION 322 -2: Destruction of Rented Premises
Any tenant who, at the ti me of leaving .the premises, damages them or
any equipment therein found, shall be punished as provided for in Section
322-1 above.

ant who, at the ti me of leaving .the premises, damages them or
any equipment therein found, shall be punished as provided for in Section
322-1 above.

SECTION 322 -3: lnfringement of the Lien of the Lessor
The lessee or any ether persan who fraudulently deprives the !essor
· wholly or partially of his lien over the movables of the lessee shall be
punished with imprisonment for from 6 (six) months to 3 (three) years or with
fine of from CFAF 100 000 (one hundred thousand) to CFAF 300 000 (three
hu nd red tho usa nd) or with both such imprisonment and fine. SECTION 323: lmmunity Between Relatives
Sections 318, 319, 322, 322-1 and 322-2 of this Code shall not be
applicable to a persan guilty of the acts therein described against his spouse,
against his legitimate or adoptive or adopted ascendant or descendant, or
against his natural ascendant or descendant up to the second degree either
living with him or after recognition, or to a survi~se in _respect of _
necessaries belonging to the deceased spouse. P .~ ::; :o ENCE oe LA REPuauoue ·
SECREiARIAT GENERAl
SER VI CEDU riCHIER LEGISLATIF ET R t ~ M
SECTION 324: Receiving COPIE CERTIFIEE co ·ORM
( 1) Whoever holds or disposes of anything procure y e com i
of a misdemeanour, whether knowing or having reason to suspect the
120

CERTIFIEE co ·ORM
( 1) Whoever holds or disposes of anything procure y e com i
of a misdemeanour, whether knowing or having reason to suspect the
120

criminal origin of the property shaH !"'e punished with the penalties prescrlbet
. ~ t' ""'>'18by ,.;. eC IOn j i .. (2) ln ca se of felony, the punishment shall be double d. SECTION 325: Usury
(1) Any lender demanding or taking interest or any ether reward higher
than the rate fixed by law for loans of the ki nd in question shall be punished
with fine of from CFAF 5 000 (five thousand) to CFAF 1 000 000 (one
million). (2) On subsequent conviction within the meaning of Section 88 of this
Code, the penalty shall be imprisonment for from 15 (fifteen) days ta 1 (one)
year and the fine shall be doubled. (3) The Court may arder publication of its judgment under Section 33 of
this Code. (4) For the purposes of this Section, the borrower shall not be treated
as an accessory. ·SECTION 326: Forbidden Sales
Whoever:
PRE SI DENCE DE LA REPUBLIQUE
SECR ETARIAT GENERAl
SERVI CE DUri CH lE.X lEGISLATir- 8 REGLE .

as an accessory. ·SECTION 326: Forbidden Sales
Whoever:
PRE SI DENCE DE LA REPUBLIQUE
SECR ETARIAT GENERAl
SERVI CE DUri CH lE.X lEGISLATir- 8 REGLE .

COP IECERTIFIEE CONFO f
- sa offers any goods to the public as to engender the hope of
obtaining them free or at a reduced priee in consideration of
persuading ethers to take up coupons orto buy; or
- sends goods to an addressee who has not ordered them, giving him
the choice between keeping them and sending them back whether or
not at his expense shall be punished with imprisonment for from 1
(one) month to 1 (one) year or with fine of from CFAF 200 000 (two
hundred thousand) to CFAF 2 000 000 (two million), or with bath
such imprisonment and fine. SECTION 327: lnfringement of lntellectual Property and Artistic Rights
(1) Whoever:
a) by any means whatsoever exploits a literary or artistic work done in
violation of the law through performance, reproduction or transformation
or distribution;
b) reproduces, communicates or supplies to the public by sale, exchange,
rentai of a recording, phonogramme, videogramme undertaken without
121

ution;
b) reproduces, communicates or supplies to the public by sale, exchange,
rentai of a recording, phonogramme, videogramme undertaken without
121

the authorization. of the performer, of the producer of the
phon og ra mme , . :.~ ; 1ide ogr a mme , o : the audicvisua l :om ~1 unic at io r . enterp ri se whe re s: Jt :h auth orizario r.

the producer of the
phon og ra mme , . :.~ ; 1ide ogr a mme , o : the audicvisua l :om ~1 unic at io r . enterp ri se whe re s: Jt :h auth orizario r.

1:: required;
c) infringes the moral right, through violation of the right of disclosure, the
right to authorship or the right to respect of a literary or artistic work;
d) infri ng es the right of authorship and the right to integrity of a
performance;
e) imports, experts, sells or puts up for sale forged abjects;
f) imports or experts phonogrammes or videogrammes produced without
the authorization of the performer or producer of the phonogramme or
videogramme, where such authorization is required;
g) knowingly produces or imports with the intention of selling or renting or
setting up equipment, deviee or instrument entirely or partially designed
to fraudulently receive televised programmes where such programmes
are reserved for a specifie public that receives them in return for a fee
paid to their operator or his legal representatives;
h) fraudulently neutralizes effective technical measures used by owners of
copyrights or neighbouring rights to protect their works against
unauthorized acts;
i) allows the irregular reproduction or performance in his establishment of
works protected by law;
j) fails to pay a fee provided for by law or does so tardily without
justification; ·
k) removes or alters without authorization any electronic information
relating to the copyright regime;
1) distributes, imports for distribution, communicates without authorization
originals or copies of works, performances, videogrammes,
phonogrammes, programmes, being aware that the electronic
information relating to the copyright regime has been removed or
altered without authorization ,
shall be punished with imprisonment for from 5 (five) to 10 (ten) years and
with fine of from CFAF 500 000 (five hundred thousand) to CFAF 10 000 000
(ten million) or beth such punishment and fine.

(five) to 10 (ten) years and
with fine of from CFAF 500 000 (five hundred thousand) to CFAF 10 000 000
(ten million) or beth such punishment and fine.

(2) "Information on copyright regime" shall mean information that helps to
identify the work, performance, videogramme, phonogramme or programme,
or information on the conditions of use of such productions and any number
or code representing such information where one of these elements of
information is attached to a copy of a production or is linked to the
communication of a production to the public. 122
-

here one of these elements of
information is attached to a copy of a production or is linked to the
communication of a production to the public. 122
-

(3) The penalties provided for in Subsection ( 1) above shal! be doublee! where the offender is a co-contracter of the owner ut the in fringed right
(4) The court may arder the confiscation of fo rged copies, the equipment
used to commit the offence as weli as proceeds derived therefrom. (5) The competent court may also arder the destruction of the equipment
used and the forged copie s, and the publication of its decisions as provided
for in Section 33 of this Code. SECTION 328: lnfringements of Patents
( 1) Whoever unknowingly uses a patent or conceals, se lis, experts,
imports or uses any abject constituting an infringement of patent shall be
punished with fine of from CFAF 1 000 000 (one million) to CFAF 3 000 000
(three million). (2) ln the case of a subsequent offence or where the offender is or was
employed in the establishment where the patent was exploited, further
punishment of from (1) one to 6 (six) months may be prescribed. (3) The Court shall arder confiscation and delivery to the patentee of
any abject constituting an infringement of patent and may arder publication of
its judgment as provided by Section 33 of this Code.

to the patentee of
any abject constituting an infringement of patent and may arder publication of
its judgment as provided by Section 33 of this Code.

(4) The Court shall rule on the exceptions that may be raised by the
offender relating to the nullity or forfeiture of the patent or issues relating to
ownership of the sa id patent. (5) No prosecution may be commenced except on complaint by the
patentee. SECTION 329: lndustrial Designs
(1) Whoever unduly exploits a registered design shall be punished with
a fine of from CFAF 1 000 000 (one million) to CFAF 6 000 000 (six million). (2) ln the case of a subsequent offence, or where the offender is or was
employed in the establishment where the patent was exploited, further
punishment of from 1 (one) to 6 (six) months may be prescribed. ·
123

is or was
employed in the establishment where the patent was exploited, further
punishment of from 1 (one) to 6 (six) months may be prescribed. ·
123

(3) ln the cases provided for in StJbSP:ct!ons (1) and :· ,>) above, the Court
shal! or de r H1e confiscation of the ooods fr.. rn ti1e undt1 ·=· ~,xn!oitation of the
trademarks to be given to the victim. (4) The offender shall fon~eit his election and eligibiiity ri ghts and any
elective or app oi ntive mandate or to any Consular Chamber of Commerce or
lndustry for 10 (ten) years. (5) The Court shall rule on the exceptions that may be raised by the
offender relating to the nu ll ity or forfeiture of the patent or issues relating to
ownership of the sa id patent. (6) The Court shall arder the publication of its decision as provided for
in Section 33 of this Code. (7) No prosecution may be commenced except on complaint by the
patentee. SECTION 330: Trade marks
(1) Whoever forges a registered trademark shall be punished with
imprisonment for from 3 (three) months to 2 (two) years and with fine of from
CFAF 1 000 000 (one million) to CFAF 6 000 000 (six million). (2) Whoever conceals, sells, experts, imports or uses any abject
constituting an infringement of registered trademark shall be punished as
provided for in Subsection (1) above.

s, experts, imports or uses any abject
constituting an infringement of registered trademark shall be punished as
provided for in Subsection (1) above.

(3) ln the cases provided for in Subsections (1) and (2) above, the Court
shall arder confiscation and delivery ta the trademark owner of any abject
constituting an infringement of trademark. (4) The Court shall arder publication of its judgment as provided un der
Section 33 of this Code. (5) The offender shall be disqualified from electing or being elected to
any Consular Cham ber of Commerce or lndustry for a period of 10 (ten)
~affi . r
C-INSOLVENCY
SECTION 331: Fraudulent debtor
(1) Any debtor, whether or not a trader, who with intent to avoid
payment to one or more creditors gives, delivers, transfers, encumbers,
124

t debtor
(1) Any debtor, whether or not a trader, who with intent to avoid
payment to one or more creditors gives, delivers, transfers, encumbers,
124

removes or conceals the wh o le or any part of his property shall be P'Ji ished
with imprisonment for frorr1 î 5 (fifteen) da ys to 1 (one) year. (2) The intent shall be presumed in case of removal or concealment
within 2 (two) months before judgment against the offender. SE CT IO N 332 : C ulpab le B ank r uptcy
( 1) Any individual trader in the position of cessation of payment who:
a) makes, without receiving securities in exchange, commitments
deemed too heavy in relation to his situation when he made them ;
b) where, with intent to delay the establishment of cessation of
payments, makes purchases for resale at lower priees or where, with
same intent, uses ruinous means to obtain funds ;
c) where, without val id reason, fa ils to declare hi s situation of cessation
of payments at the Registry of the competent court within a period of 30
(thirty) days ;
d) keeps incomplete or improper accounts or does not keep any
accounts in conformity with generally accepted accounting rules and
practices, with regard to the size of the company,
shall be punished with imprisonment for from 1 (one) month to 2 (two) years.

d accounting rules and
practices, with regard to the size of the company,
shall be punished with imprisonment for from 1 (one) month to 2 (two) years.

2) Any individual trader who, having been declared 3 (three) times in a
·situation of cessation of payments within a period of 5 (five) years, and where
such proceedings were closed for asset inadequacy, shall also be convicted
for culpable bankruptcy and punished with the penalties provided for in
Subsection ( 1) above. ·SECTION 333: Fraudulent Bankruptcy
(1) Any natural persan who, in case of cessati
a) removes his books;
b) con verts or dissipates ali or part of his assets ;
c) in his books or by any notarial or private deed or in his balance sheet,
fraudulently acknowledges debts which he does not owe;
d) exercises the profession of trader in violation of the law ;
e) after cessation of payments, pays any crediter to the detriment of the
general body of creditors ;
125

ofession of trader in violation of the law ;
e) after cessation of payments, pays any crediter to the detriment of the
general body of creditors ;
125

f) arranges with any creditor special benefits on account of his vots ai
the deliberations of the general body of creditors or who concludes wiif
any crediter a special agreemen t from which th e crediter would derive a
bene fi t to be borne by the assets of the debtor with effect from the date
of the decision to initiate proceedings; shall be guilty of fraudulent
bankruptcy and punished with imprisonment for from five to ten years . (2) Any individual trader who, during collective proceedings for
preventive settlement, legal redress and liquidation of property:
a) in bad faith, presents or permits the presentation of an income
statement or balance sheet or statement of claims and debts or a
statement of preferential claims arid securities that is inexact or
incomplete;
b) without the authorization of the President of the competent court,
committed one of the acts prohibited by the Law organizing Collective
proceedings for Wiping Off Debts, shall also be punished as provided
for in Subsection ( 1) above.

he acts prohibited by the Law organizing Collective
proceedings for Wiping Off Debts, shall also be punished as provided
for in Subsection ( 1) above.

SECTION 334: Company Manager
lndividuals who are managers of corporate bodies subject to collective
proceedings and the permanent representatives of managing corporate
bodies who, in that capacity and in bad faith:
a) use or spend money belonging to the corporate body by carrying out
mere chance operations or fictitious operations ;
b) with intent to delay the establishment of cessation of payments by the
corporate body make purchases with the view to reselling them at lower
priees or, with the same intent, use ruinous means to obtain funds;
c) after cessation of payments by the corporate body, pay or permit a
crediter to be pa id to the detriment of the general body of creditors ;
d) cause the corporate body to make for ethers, without receiving
securities in exchange, commitments deemed too heavy in relation to
its situation when the commitments were made ;
e) keep, cause or allow the keeping of improper or incomplete accounts of
the corporate body under the conditions laid down in Section 332 above
f) fail to declare the situation of cessation of payments of the corporate
body at the Registry of the competent court within a period of thirty days
r-----------......---.__........__ 7
?F::SiD êNCE DE LA R E ?Ue ~i QUE
·~'" ·- •..

the Registry of the competent court within a period of thirty days
r-----------......---.__........__ 7
?F::SiD êNCE DE LA R E ?Ue ~i QUE
·~'" ·- •..

_S~CREiARIATGitN ERAl
SE" ' .C : ;..U riC HtER lEG ISlATIF ET REGLE
COPIE CERTIFIEE CONFO E

_S~CREiARIATGitN ERAl
SE" ' .C : ;..U riC HtER lEG ISlATIF ET REGLE
COPIE CERTIFIEE CONFO E

g) with a vi ew to hîding ali or part of th€~,.. estate from proceedings against
the corporate body in a situation ·~_,r .~e ssation of payments c· those
against partners or rnembers or credîtors of the corporate body,
embezzle or conceal, attempt to embe zzle or concea l a part of their
prope rt y or who fraudulently acknowledge debts that they do not owe -
sha!l be punished with imprisonment for from 1 (one) month to 2 (two)
years. SECTION 334-1: - Legal or de Facto Representatives
Legal or de facto representatives of corporate bodies compns1ng
members indefinitely, jointly and severally liable for the debts of the corporate
bodies who, without valid reasons, did not declare its cessation of payments
at the registry of the competent court within a period of thirty days, or where
such declaration does not include the list of jointly and severally liable
members with an indication of their names and residences shall be punished
with imprisonment for from 1 (one) month to 2 (two) years.

severally liable
members with an indication of their names and residences shall be punished
with imprisonment for from 1 (one) month to 2 (two) years.

SECTION 334-2: lndividuals Managing Corporations and Permanent
Representatives of Managing Corporate Bodies
(1) lndividuals managing corporations and permanent representatives
of managing corporate bodies who fraudulently:
a) remove the books of the corporate body;
b) con vert or conceal a part of its assets ;
c) in the ir books or by any notarial or private deed or in their balance
sheets, acknowledge debts which the corporate body does not owe ;
d) perform the function of manager in violation of a ban provided for by
the OHADA Uniform Acts or by law or regulation ;
. e) arrange with a crediter, on behalf of the corporate body, special benefits
on account of his vote during the deliberations of the general body of
creditors or who conclude with a crediter a special agreement from
which the crediter would derive a benefit to be borne by the assets of
the corporate body with effect from the date of cessation of payments,
save otherwise provided by law ;
shall be punished with imprisonment for from 5 (five) to 10 (ten) years. (2) The managers referred to 1n
preventive settlement proceedings:
127

law ;
shall be punished with imprisonment for from 5 (five) to 10 (ten) years. (2) The managers referred to 1n
preventive settlement proceedings:
127

a) in bad faith 1 present or permit the presentation of an income statement
or balance sheet or staternent of ciaims and debts or a statement of
preferential cl aims and securities that is inexact or incomplete ;
b) without an authorization from the President of the competent court,
commit one of the acts prohibited by Article 11 of the Un iform Act
o rg anizing collective proceedings for wiping off debts : s ha ll be
pu ni sh ed as provided for in Subsection (1) above. SECTION 335: O ffences Committed by Third Parties
Wh oever:
a) in the interest of the debtor, removes, keeps or conceals ali or part of
his persona! property or real estate, without prejudice to criminal
provisions relating to aiding and abetting ;
b) f ra udulently produces fictitious de bts, in collective proceedings, either in
his name or in another's name or under a false name ;
c) engaging in a professional independant, civilian, commercial, artisanal
or agricultural activity in the name of another or under a false name, in
bad faith, converts, conceals, attempts to convert or conceal a part of
hi s property
shall be punished with imprisonment for from 5 (five) to 10 (ten) years.

h, converts, conceals, attempts to convert or conceal a part of
hi s property
shall be punished with imprisonment for from 5 (five) to 10 (ten) years.

SECTION 335-1: Offences Committed by Spouse, Relatives or Kinsmen
of the Debtor
The spouse, descendant, ascendant or relative of the debtor or his
kinsman up to the fourth degree inclusively who, unknown to the debtor,
embezzles, misappropriates or conceals negotiable instruments pertaining to
the assets of a debtor in a situation of cessation of payments, shall be
punished with imprisonment for from 1 (one) to three 3 (years) or with fine of
from CFAF 50 000 (fifty thousand) to CFAF 250 000 (two hundred and fifty
thousand) or with both such imprisonment and fine. SECTION 335-2: Damages and Reincorporation
ln the cases provided for in Sections 335 and 335-1 above, even where there
· is discharge, the trial court shall rule on damages and on the re-incorporation
of the property, rights or stocks removed into the estate of the debtor. -

ischarge, the trial court shall rule on damages and on the re-incorporation
of the property, rights or stocks removed into the estate of the debtor. -

SECTION 33J?~: Offences Committed by ~he Judic ~ai Representative of a
c oH,ective proceed§ng5!. Any judicia l representative of collective proceedings who :
a) c arries out persona! ac tivity under the caver of the comp any of the
d ebto r concealing his dealin gs ;
b) d ispose s of the credit or property of the d ebtor as his ;
c) dissipates the property of the debtor ;
d) undertakes , abusi vely and in bad faith, in his own interest , either
d irectly or indirectly transactions resulting in a deficit for the company of
the debtor;
e) in violation of the Law organizing Collective proceedings for Wiping off
Debts, directly or indirectly acquires the property of the debtor on his
own account
shall be punished with imprisonment for from 5 (five) to 10 (ten) years and
with fine of from CFAF 200 000 (two hundred thousand) to CFAF 5 000 000
(five million).

shed with imprisonment for from 5 (five) to 10 (ten) years and
with fine of from CFAF 200 000 (two hundred thousand) to CFAF 5 000 000
(five million).

SECTION 336: Unlawful Gains of a Creditor
The crediter who, save otherwise provided by law:
a) arranges with a debtor or any other persan, special benefits on account
of his vote du ring the deliberations of the general body of creditors ;
b) concludes a special agreement from which he would derive a benefit to
be borne by the debtor's assets with effect from the date of the decision
to initiate collective proceedings
shall be punished with imprisonment for from 1 (one) to 3 (three) years and
with fine of from CFAF 50 000 (fifty thousand) to CFAF 1 500 000 (one million
five hundred thousand). -----------···--
?.~ :s : OëNCE DE LA REPUBU 1
CHAPTER IV m ·; .c :: ::;u ~:cn:E,~ LEGISLAn REG MEN TA/fiE
SECRETARIAT GENER ~
CHI LOREN AND THE FA ILyC O?lE CE!-: IFIE NFO ME~~~~~~~~~=F~
SECTION 337: Abortion
( 1) Any woman procuring or consenting to her own abortion shall be
punished with imprisonment for from 15 (fifteen) days to 1 (one) year or with
fine of from CFAF 5 000 (five thousand) to CFAF 200 000 (two hundred
thousand) or with both such imprisonment and fine. 129

ys to 1 (one) year or with
fine of from CFAF 5 000 (five thousand) to CFAF 200 000 (two hundred
thousand) or with both such imprisonment and fine. 129

(2) Whoever procures the abortion of a woman notwithstanding her
consent, shall be punished with imprisonment for from ~~ (one) to 5 (five)
years and with fine of from CFAF ·1 00 000 (one hundrecj tho usa nd) ;o ~~--: AF
2 000 000 (two million). (3) The penalties prescribed by Subsection (2) shall be doubled where
the offender:
a) eng ag es habitually in abortion ; or
b) practises the profession of medicine or an allied profession . (4) ln the circumstances of Subsection (3) (b), the Court may also arder
closure of the professional premises and impose a ban on his occupation
under Sections 34 and 36of this Code. SECTION 338: Assault on Woman with Child
Whoever by force used against a woman with child or against a child
being born causes, intentionally or unintentionally the death or permanent
incapacity of the child shall be punished with imprisonment for form 5 (five) ta
. 10 (ten) years and with fine of from CFAF 100 000 (one hundred thousand) ta
CFAF 2 000 000 (two million). SECTION 339: Saving Mother
( 1) Neither of the two foregoing Sections apply to acts performed by a
quatified persan and proved necessary for the saving of the mother from
grave danger ta her health.

wo foregoing Sections apply to acts performed by a
quatified persan and proved necessary for the saving of the mother from
grave danger ta her health.

(2) ln case of pregnancy resulting from rape, abortion by a qualified
· medical practitioner after certificate by the prosecution of a good case shall
constitute no offence. SECTION 340: Infanticide
The punishment for murder within the meaning of Sections 275 or 276
or for abetment of such murder, by a mother of her child one month of birth
shall be reduced ta imprisonment for from 5 (five) to 10 (ten) years. Provided
that nothing in this Section shall reduce the penalty as against any ether
· offender or accessory. ~ · -;.;.;;::::;~.#f ~..,=-· ·:--.·:.or~:-..-....,.,.,._ ___~~ ~ - ~ ~- (~ .1! . ! ,::..:·,~ ;;:,.; JJ.:N.r:f JDI l1XI IR&-l:lliili(\}.}Jilt
1. , • ... -- ~~~~II$(.JIU. l~~ ~ . G;;;: jl J;i ;i:C}~f&i!L'f(QmJ~1 fF iffiifCE· ütt~·~· ~· /Miili
CO?t ttt: QœmlflfEE -
-
130
''.

-l:lliili(\}.}Jilt
1. , • ... -- ~~~~II$(.JIU. l~~ ~ . G;;;: jl J;i ;i:C}~f&i!L'f(QmJ~1 fF iffiifCE· ütt~·~· ~· /Miili
CO?t ttt: QœmlflfEE -
-
130
''.

Any persan wh ose conduct ha.:; tl .e result of depriving a child of the
evidence of his true parentage shal! be punished with imprisonment for from 5
(five) to 10 (ten) yea rs. SECTION 342: Debt Bondage of Pen~ons
(1) Whoever subjects a persan to debt bandage shall be punished with
imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF
10 000 (ten thousand) to CFAF 500 000 (five hundred thousand). (2) The penalties provided in Subsection (1) above shall be doubled where
the offender is either an ascendant, a guardian or a persan having even
customary custody over the victim. (3) Whoever boards a persan in debt bandage shall be punished with
imprisonment for 10 (ten) years
and with fine of from CFAF 10 000 (ten thousand) to CFAF 1 000 000 (one
million). (4) The court may aIso impose the forfeitures provided for in Section 30
of this Code. SECTION 342-1: Trafficking and SI avery of Persons
(1 )Whoever engages even occasionally in the practice of trafficking in
persans or si avery shall be punished with imprisonment for from 10
{ten) to 20 {twenty) . years and with fine of from CFAF 50 000 (fifty
thousand) to CFAF 1 000 000 (one million).

unished with imprisonment for from 10
{ten) to 20 {twenty) . years and with fine of from CFAF 50 000 (fifty
thousand) to CFAF 1 000 000 (one million).

·
(2)Whoever engages in trafficking in persans and slavery shall be
punished with imprisonment of from 15 (fifteen) to 20 (twenty) years and
with fine of from CFAF 100 000 (one hundred thousand) to CFAF
- -~~ 10 000 000 {ten million) where the:
~
! 1411 i \14
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. ~-.~Slo, ~<a.:u.. ·~Bi !fi z:
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a) offence is committed against a minor of 15 (fifteen) years old ;
b) perpetrator is a legitimate, natural or adopted ascendant of the
victim;
c) offender has authority over the victim or is expected to parti ci pate
by virtue of his duties in the fight against slavery or in peace
keeping;
1 , d) offence is committed by an organized gang or an association of
criminals;
131

e of his duties in the fight against slavery or in peace
keeping;
1 , d) offence is committed by an organized gang or an association of
criminals;
131

e) offence is comrnitted with use of B weapon :
f\ • J.. • t • ' • .• ' - ,.., ~ • t"')...., 4t .. r t. • ..._ ~
v1com sus ani:~ ~-·ntP"'f:'S ;.;..is oesr.1 ;i:<:E;r> 1(, :-,ecnon t:.l f or ··rH.~ . /J(A~
or
g) where the victim dies as a resu!t of acts related to the offence. ( 3) The Court may a!so impose the forfaitures provided for in Section
30 of this Code. SECTION 343: Immoral Earnings
(1) Whoever, of either sex, who engages habitually for gain, in sexual
intercourse with another shall be punished with imprisonment for from 6 (six)
months to 5 (five) years and with fine of from CFAF 20 000 (twenty thousand)
to CFAF 500 000 (five hundred thousand). (2) Whoever, in view of prostitution of or debauchment, proceeds with
public gestures, words and writing or by any other means to the soliciting of
persans of either sex shall be punished in like manner.

t, proceeds with
public gestures, words and writing or by any other means to the soliciting of
persans of either sex shall be punished in like manner.

SECTION 344: Corruption of Youth
(1) Whoever, in orderto satisfy the desires of another persan, habitually
excites, encourages or facilitates the debauch or corruption of any persan
under 18 (eighteen) years of age shall be punished with imprisonment for
from 1 (one) to 5 (five) years and with fine of from CFAF 20 000 (twenty
thousand) to CFAF 1 000 000 (one million). (2) The penalty shall be doubled where the victim is under 16 (sixteen)
years. (3) Upon conviction, the Court may arder the forfaitures described in
Section 30 of this Code and deprive the offender for the same period of
parental power and disqualify him from being guardian or curator of any
mi nor. SECTION 345: Moral Danger
Whoever having by law or by custom custody of a persan under 18
(eighteen) years of age allows him to reside or work in an establishment
where prostitution is habitually practiced, or to work in a prostitute's house
shall be punished with imprisonment for from 15 (fifteen) days to 6 (six)
months and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hu nd red thousand). 132

prisonment for from 15 (fifteen) days to 6 (six)
months and with fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
(one hu nd red thousand). 132

SECTl9N~.~4.§ : indecency to Ch61d under Sixteen
( 1)VVhoever commits an indecent act m th e p re sE::nc e of a child under
the age of 16 (sixteen) shall be punished with imprisonment for from 2 (two)
to 5 (five) years and with fine of from CFAF 20 000 (twenty thousand) ta
CFAF 200 000 (two hundred thousand). (2) The penalty shall be doubled where the offence is accompanied by
assault or where the offender is one of the persans described in Section 298. (3) The penalty shall be imprisonment for from 10 (ten) to 15 (fifteen)
years where the offender has sexual intercourse with the victim
notwithstanding his or her consent. (4) ln case of rape, the imprisonment shall be from fifteen to twenty-five
years, or for lite where the offender is one of the persans described by
Section 298. (5) Upon conviction under this Section, the Court may deprive the
offender of parental power and disqualify him from being guardian or curator
of any minor for the time prescribed by Section 31 (4) of this Code.

the
offender of parental power and disqualify him from being guardian or curator
of any minor for the time prescribed by Section 31 (4) of this Code.

SECTION 347: lndecency to Minor between Sixteen and Twenty-One
(1) For any offence under Sections 295, 296 and 347-1 of this Code
committed against a persan over 16 (sixteen) and under 21 (twenty-one)
years of age, the penalty shall be doubled. (2) Upon conviction under this Section, the Court may deprive the
offender of parental power and disqualify him from being guardian or curator
of any mi nor for the ti me prescribed by Section 31 (4) of this Code. SECTION 347-1: Homosexuality
Whoever has sexual relations with a persan of the same sex shall be
punished with imprisonment for from 6 (six) months to 5 (five) years and a
fine of from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred
thousand). SECTION 348: Drink
(1) Whoever:
a) being licensed to sell intoxicating liquor for consumption on the
premises admits to the said premises any persan under 16 (sixteen)
133

) Whoever:
a) being licensed to sell intoxicating liquor for consumption on the
premises admits to the said premises any persan under 16 (sixteen)
133

years of age no+ accompanied by a ptfê~'~r·(j over 2 ~ : ~ fi.'entv·-on e)
;espt:J nsible for •juperi ntending him; o:-
b) bem g !icensed to sel! beverages for consumption on the premises sells
or offers , whether on the said premises or in any other public place, any
intoxicating liquor tc any person under 18 (eighteen ) yea rs of age not
accompanied by a pers on over 21 (t we nty-one) responsible for
superintending hi m; or
c) makes any persan under 21 (twenty-one) years of age drunk,
sha ll be punished with f in e of from CFAF 5 000 (five thousand) to CFAF
50 000 (fifty thousand). (2) Upon subsequent conviction within the meaning of Section 88of this
Code, the punishment shall be imprisonment for from 15 (fifteen) days ta 1
. (one) month and fine of from CFAF 10 000 (ten thousand) to CFAF 100 000
{one hundred thousand); and the Court may in addition order:
a) clos ure of the licensed premises under Section 34 of this Code ;
b) publication of its judgment ;
c) as against any offendér the forfaitures described in Section 30 of this
Code.

ises under Section 34 of this Code ;
b) publication of its judgment ;
c) as against any offendér the forfaitures described in Section 30 of this
Code.

(3) This Section shall not apply to any persan proving that he was misled as
to the age of the minor or as to the age or authority of the persan
accompanying him. SECTION 349: Advantage of Weakness
(1) Whoever takes advantage of the needs, weakness or passions of
any persan under 21 (twenty-one) years of age to induce him to sign any
obligation, discharge or disposition, or any other document liable to harm the
signatory in his person or .in his substance, shall be punished with the penalty
prescribed by Section 318 of this Code. (2) For the purposes of this Section, any lun
and any spendthrift so fou nd, shall be treated as a
SECTION 350: Assault on Children
(1) The penalties prescribed by Section 275 on the one ha nd and by
Sections 277 and 278 on the other shall become death and imprisonment for
life respectively where the offences are committed against a persan under 15
(fifteen) years of age, and the penalties prescribed by Sections 279 (1 ), 280
and 281 shall be doubled. 134

s are committed against a persan under 15
(fifteen) years of age, and the penalties prescribed by Sections 279 (1 ), 280
and 281 shall be doubled. 134

(2) Upon conviction for misdemeanou r under th is Section. the 00urt
may order the forfeitu res described '11 Section 30 of this r;ode
SECTION 351: Assault on Ascendant
The penalties pres cribed by Section 275 on the one hand and by
Sections 277 and 278 on the other hand shall become death and
imprisonment for life respectively whe re the offences are committed against
the legitimate, natural or adoptive father or mother of the offender, or against
any ether legitimate ascendant, and the penalties prescribed by Sections 279
(1 ), 280 and 281 shall be doubled. SECTION 352: Kidnapping of Child
( 1) Whoever without force or fraud takes or entices away any pers on
under 18 (eighteen) years of age, against the will of those to whom custody
belongs by law or by custom, or procures him to leave that custody shall be
punished with imprisonment for from 1 (one) to 5 (five) years and with fine of
from CFAF 20 000 (twenty thousand) to CFAF 200 000 (two hundred
thousand):
Provided that this Subsection shall not apply to a persan misled as to the age
of the mi nor. (2) The subsequent marri age of the offender to the victim shall have no
effect on the prosecution and conviction.

misled as to the age
of the mi nor. (2) The subsequent marri age of the offender to the victim shall have no
effect on the prosecution and conviction.

SECTION 353: Kidnapping by Force or Fraud
Whoever by force or fraud takes or entices away any persan under the
age of twenty-one years, notwithstanding that he thought him older, and
against the will of those to whom custody belongs by law or by custom or
procures him to leave that custody shall be punished with imprisonment for
from 5 (five) to 10 (ten) years and with fine of from CFAF 20 000 (twenty
thousand) to CFAF 400 000 (four hundred thousand). SECTION 354: Aggravated Kidnapping
( 1) The punishment for kidnapping un der either of the two last foregoing
· Sections shall be imprisonment for life where:
- the persan kidnapped is under the age of thirteen; or
- the offender commits the offence with intent to obtain a ransom or
obtains a ransom. PRES ID!..~CE DE LA REPUBUQU - -
SE "'i ' f'~ ,, . - S~· ~ :ŒTARIAT GENERAL
., · ~ · - ~u tiC.. h!cli: l EG ISlATIF ET
135 COPIE CEr:m=:t: Ec
-

ansom. PRES ID!..~CE DE LA REPUBUQU - -
SE "'i ' f'~ ,, . - S~· ~ :ŒTARIAT GENERAL
., · ~ · - ~u tiC.. h!cli: l EG ISlATIF ET
135 COPIE CEr:m=:t: Ec
-

(2 ) The punishment sha!l be death 'lhere the mi nor dies as a result of
+' ' ' ! . .. he Klonapp1ng . SECTION 355: Failure to return a chi!d
Whoever being in charge of a child fails to return hîm to those having
the right to claim him back shall be punished with imprisonment for from 1
(one) to 5 (five) years, and with fine of from CFAF 20 000 (twenty thousand)
to CFAF 2 00 000 (tw o hundred tho u sand). SECTION 355-1: Inte rference with th e Rig ht to Visit
Any parent who interferes with the exercise by the ether parent of the
right granted by a court order to visit any child they have in common, shall be
punished with imprisonment for from 6 (six) months to 1 (one) year or with
fine of from CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred
tho usa nd) or with bath such imprisonment and fine. SECTION 355 -2: Interference with the Right to Education or Training
(1) Any parent with sufficient means who refuses to send his child to
school, shall be punished with fine of from 50 000 (fifty thousand) to CFAF
500 000 (five hundred thousand). (2) The punishment shall be imprisonment for from 1 (one) year to 2
(two) years where the offence is repeated.

o CFAF
500 000 (five hundred thousand). (2) The punishment shall be imprisonment for from 1 (one) year to 2
(two) years where the offence is repeated.

SECTION 356: Forced Marriage
(1) Whoever compels anyone to marry shaH be punished with
imprisonment for from five to 10 (ten) years, and with fine of from CFAF
25 000 (twenty-five thousand) to CFAF 1 000 000 (one million). (2) Where the victim is under the age of 18 (eighteen), the punishment
may no t be less th an 2 (two) years imprisonment, whatever the mitigating
circumstances. ·
(3) Whoever gives in marriage a boy or a girl under 18 (eighteen) shall
be punished as under the two last foregoing Subsections. (4) Upon conviction, the Court may deprive the offender of parental
power and disqualify him from being the guardian or curator of any persan for
the ti me prescribed by Section 31 (4) of this Code. ~ · - w rRs~ ; ;~~ q ~ -o~~~R~~~L~~~~-(Z- - ~ : :CO -i
. . SE ::ï?-ëiARIAl' GENERA'l
~V ! C:: :l U fi CH:E ~ LEGISLATIF E=r R lEMt ' . A!i?f:
COPIE C ERTIF IE-E CO ORMÊ
136 ~
--- ----. ... ~-- ·

~ : :CO -i
. . SE ::ï?-ëiARIAl' GENERA'l
~V ! C:: :l U fi CH:E ~ LEGISLATIF E=r R lEMt ' . A!i?f:
COPIE C ERTIF IE-E CO ORMÊ
136 ~
--- ----. ... ~-- ·

'1 : VV fioever:' 1
a) receives from a third party the whole or any part of a bride-priee for
the promise in marriage of a woman already married or bound by a betrotha! not yet broken off ; or
b) reeeives the who le or any part of a bride-priee before refund to any
ear lier suitor; or
c) receives without any right to it the whole or any part of a bride-pr ie e
for the marri age of a woman ; or
d) demands the whole or any part of an excessive bride-priee for the
marriage of a girl over 21 (twenty-one) years of age or of a widow or divoreed
woman; or
e) for want of compliance with his excessive demands for bride-priee for
the marri age of a girl und er the age of 21 (twenty-one ), and for no other
reason, obstructs her marriage; or
f) receives as heir any such consideration promised to the persan from
whom he inherits
shall be punished with imprisonment for from 1 (one) to 5 (five) years or with
fine of from CFAF 5 000 (five thousand) to CFAF 500 000 (five hundred
thousand) or with both such imprisonment and fine. (2) Time shall begin to run again for proseeution on payment of the bride-
priee or of any instalment.

usand) or with both such imprisonment and fine. (2) Time shall begin to run again for proseeution on payment of the bride-
priee or of any instalment.

SECTION 358- Desertion
(1) Any spouse or parent who without just cause evades whether by
desertion of the family home or otherwise howsoever, the who le or any part of
his moral or material obligations towards his spouse or ehildren shall be
punished with imprisonment for from 3 (three) months to 1 (one) year or with
· fine of from CFAF 5 000 (five thousand) ta CFAF 500 000 (five hundred
thousand). (2) Where a spouse alone has been deserted, no prosecution may be
commenced without his or her eomplaint. (3) The same punishment shall apply ta a guardian or persan
responsible by custom who evades his obligations by law or custom towards
any child in his eustody. 137
PRESIDENCE DE LA REPUBUQU
SECRETARIAT GENERAL
SERVICE DU FICHIER LEGISLATIF ET ENTAlJE r
COPIE CERTIFIEE C F ME .4
.!

ds
any child in his eustody. 137
PRESIDENCE DE LA REPUBUQU
SECRETARIAT GENERAL
SERVICE DU FICHIER LEGISLATIF ET ENTAlJE r
COPIE CERTIFIEE C F ME .4
.!

(4) Upon convict ion , the Co urt may order tl,e forfeitures described in
Section 30 of this Code, disq ua li fy the offender from being guardian or curator
of any child for the time fixed by Section 31 (4), and for the same period
deprive him of parental power in respect of any o ne or more of his children. (5) \/Vher e the pers an who received payment of the whole or a part of
the bride-pr iee is accessory to a wife 's offence, he shall be punished with
imprisonment for from 3 (three) months to 1 (one) year and with fine of from
CFAF 50 000 (fifty thousand) ta CFAF 500 000 (five hundred thousand). SECT ION 358-1: Eviction from the Matrimonial Home
(1) The spou se who, outside any judicial proceedings and without a
valid reason, evicts the ether from the matrimonial home shall be punished
with imprisonment for from 3 (three) months to 1 (one) year and with fine of
from CFAF 50 000 (fifty thousand) to CFAF 500 000 (five hundred thousand). (2) The penalty shall be imprisonment for from 2 (two) to 5 (five) years
where:
a) the victim is a pregnant woman ;
b) the eviction is accompanied or preceded by physical or psychological
violence, confiscation or destruction of the persona!

im is a pregnant woman ;
b) the eviction is accompanied or preceded by physical or psychological
violence, confiscation or destruction of the persona!

effects of the victim
; or
c) the eviction is caused by a persan other than the spouse of the victim. SECTION 359: Bigamy
( 1) Whoever:
a) being polygamous contracts a monogamous marriage before the
dissolution of ali previous marriages; or
b) being bound by an undertaking of monogamy contracts any marriage
before dissolution of any previous marriage; or
c) being married under the codified law contracts any marriage before
dissolution of th at former marriage
shall be punished with imprisonment for from 2 (two) months to 2 (two) years
and with fine of from CFAF 25 000 (twenty-five thousand) to CFAF 500 000
(five hundred thousand).

mprisonment for from 2 (two) months to 2 (two) years
and with fine of from CFAF 25 000 (twenty-five thousand) to CFAF 500 000
(five hundred thousand).

(2) The burden of rvo ting dissoiutioP ')f t=lny previou.::·. ~n:riage
shall ta!; en th.::; accused
SECTION 360: ! ncest
(1) VVithout prejudice to the penalties prescribed by Sections 346 (3)
and 347 (1 ), whoever has sexual in tercourse with :
a) any legitimate or natural ascendant or descendant in the direct line
without limitation as to degree; or
b) hi s brother or si ster, wh ether legitimate or natura l, and whether of the
whole or of the half-blood shall be punished with imprisonment for from 1
(one) to 3 (three) years and with fine of from CFAF 20 000 (twenty thousand)
to CFAF 500 000 (five hundred thousand). (2) Save in case of notorious concubinage or of incestuous marriage no
prosecution may be commenced without the complaint of a relative by blood
in whatever degree. SECTION 361: Adultery
(1) A woman who, being married, has sexual intercourse with a man
other th an her husband shall be punished with imprisonment for from 2 (two)
to 6 (six) months or with fine of from CFAF 25 000 (twenty-five thousand) to
CFAF 100 000 (one hu nd red thousand).

with imprisonment for from 2 (two)
to 6 (six) months or with fine of from CFAF 25 000 (twenty-five thousand) to
CFAF 100 000 (one hu nd red thousand).

(2) A husband who has sexual intercourse with a woman other than his
· wife or wives shall be punished as provided in Subsection 1 above. However, the burden of proof of the existence of a polygamous union
shalllie with the husband. (3) No prosecution may be commenced without the complaint of the
wronged spouse. (4) The connivance or condonation of the wronged spouse shall bar the
commencement or continuation of any prosecution. (4)Consent by the wronged spouse to resume cohabitation shall put an
end to the effects of conviction. 139

ncement or continuation of any prosecution. (4)Consent by the wronged spouse to resume cohabitation shall put an
end to the effects of conviction. 139

PART IV
SIMPLE OFFENC ES
SECTION 362 to 370 : The p ro vi sions of Secti on 362 to 370 which de fi ne
offences shall be laid down by regulation.
PART V
TRANSITIONAL AND FINAL PROVISIONS
SECTION 371 :
(1) Ali previous prov1s1ons repugnant hereto and having the same
objective are hereby repealed.
(2) However, felonies, misdemeanours, or simple offence committed
and previously prosecuted prior to the entry into force of this Law shall remain
subject to the provisions of Law No. 65/LF/24 of 12 November1965 and
N0 67/LF/1 of 12 June 1967, until the final judicial decision on related matters.
SECTION 372: This law shall be registered, and published in the Official
Gazette in English and French.
F THE REPUBLIC
140