Central African Republic Penal Code UT

*Unofficial Translation*

CENTRAL AFRICAN REPUBLIC PRESIDENT OF THE REPUBLIC LAW N 째 10001 PENAL CODE ON CENTRAL AFRICAN The National Assembly deliberated and adopted THE PRESIDENT OF THE REPUBLIC, HEAD OF STATE, LAW ENACTED THE FOLLOWING:

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CHAPTER XIV OF ABUSE OF MONEY AND PUBLIC PROPERTY, THE CORRUPTION, EXTORTION, INFLUENCE PEDDLING AND SIMILAR OFFENSES DIVISION I OF ABUSE OF MONEY AND PUBLIC PROPERTY Art.363: Any officer or civil servant or a public authority, whether or not public accountant, a person clothed with a public mandate, any public depository, any public or ministerial officer to be diverted or subtracted from public or private funds, assets or effects taking place, or parts, payment instruments, securities, money or any objects that were in his hands, on the occasion of the performance of his duties, shall be punished sentence of hard labor, if things are diverted or subtracted from the value - above 100,000 francs. If the values diverted or withdrawn does not exceed 100,000 francs, the penalty is imprisonment for two years and at least ten years. If the agent or civil servant found guilty as above belongs to the management of regulated financial or insurance, the penalty shall be hard labor regardless of the amount diverted or subtracted values.

Mitigating circumstances and adjournment do may be granted in criminal cases unless before trial, diverted or subtracted values were refunded or returned.

Art.364: Will be punished the same way, leaders and agents of all kinds of public institutions, cooperatives, private schools receiving a financial contribution from the state or community and public companies with the State or any other public has a share capital, which have diverted or withdrawn money, coins, as payment, securities or instruments containing or operating requirement or discharge, deeds, chattels or any objects lying between their hands during the performance of their duties.

Art.365: Any holder of public funds to be lent money from the fund under its responsibility to a third party, will be considered as author of misappropriation of public funds and punished, according as provided in section 363 shall above. In the cases provided by Articles 363 and 364, it will always be pronounced against the offender a fine of 100,002 to 6,000,000 francs. Also 1

deprivation of rights under Article 24 of the Penal Code shall be imposed in all cases.

Confiscation of property of the condemned must be delivered up to the amount of money to pay which they have been convicted.

SECTION II THE DEFICIT NOT REPORTED Art.366: The punishment is imprisonment of one to five years, any official or public employee who, having knowledge of a cash shortage or deficit accounting in the management of a public official under his command, does not give notice to his superiors.

Art.367: Is punished with imprisonment from two to ten years and a fine of 200,000 to 5,000,000 francs, any supervisor who, having knowledge of a deficit in the management of an agent of State under his command or supervision and who does not give notice to his superiors or to the competent judicial authority.

SECTION III OF CORRUPTION Art.368: Shall be punished by imprisonment of one to ten years and a fine of 100,002 to 2,000,000 francs, whoever knowingly solicited or will accepts offers or promises, solicited or received donations, gifts or other undue advantage, directly or indirectly: 1. Being invested in an elective office, public officer of the administrative or judicial, military and related personnel, officer or employee of a public administration, or administration under the control of public or citizen charged with a ministry of public service, do or refrain from doing any act of his duties or employment, fair or not, but not about to pay 2. As arbitrator or expert appointed by the court or by the parties, make a decision or give an opinion for or against a party 3. As a physician, surgeon, dentist, midwife, or certify falsely conceal the existence of diseases, disabilities, a state of pregnancy or provided false information on the origin of illness, disability or cause of death.

Art.369: Shall be punished by imprisonment of one to three years and a fine of 100,002 to 1,000,000 francs, any clerk, servant or agent, employee or paid in any form which, either directly or by proxy, shall, without the knowledge or consent of his employer, either solicited or accepts offers or promises, either solicited or received donations, gifts, commissions, discounts or premiums to make or refrain from making a act of his job. If the offers, promises, donations or solicitations tended to fulfillment or failure to act, although outside of the personal responsibilities of the bribed person, was or may have been facilitated by its function or service that it provided, the penalty shall, in the case of paragraph 1 of the first paragraph of Article 368, imprisonment for one to three years and a fine of 100,002 to 2,000,000 francs, and in the case of the second paragraph , imprisonment for six months to two years and a fine of 100,002 to 1,000,000 francs, or one of those penalties.

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Art.370: Shall be punished by imprisonment of one to five years and a fine of 200,000 to 5,000,000 francs, whoever intentionally promised, offered or given directly or indirectly, any undue advantage to a person invested with an elective office, a public officer of the administrative or judicial, military and related personnel, an officer or employee of a government or an administration under the control of public power, to refrain from doing a act of his duties or employment.

DIVISION IV Concussion Art.371: All officers or officials, collectors of all fees, levies or public funds, their clerks or servants who have received, demanded or ordered to collect fees, taxes, contributions or money, or for wages or salary, that 'they knew or should not be beyond what was due, shall be punished by imprisonment of one to five years and a fine of 100,002 to 4,000,000 francs which must be pronounced. The convict will be banned for ten years at most from the expiration of sentence, the rights listed in Article 24 of this Code. The foregoing provisions shall apply to clerks and officers when the offense was committed when revenues assigned to them by law. Will be punished the same way, all holders of public authority shall order that the direct or indirect contributions other than those authorized by law, all officers, agents or employees who will establish the roles or will recover. The same penalties will apply to holders of public authority which, in any form, for any reason whatsoever, will without authorization by law, or franchises granted exemptions from duties, taxes or public charges, or have done free delivery of products of state institutions. Recipients shall be punished as accomplices. In all cases under this section, the attempt of the offense shall be punished as the crime itself.

SECTION V THE INFLUENCE OF TRAFFIC Art.372: Will be punished by imprisonment of at least one year and five years and a fine of 100,002 to 2,000,000 francs, any person who has applied for or accepts offers or promises, solicited or received gifts or presents to obtain or attempt to obtain orders, medals, honors or awards, places, positions or employment or favors granted by any public authority.

Art.373: Is punished with imprisonment from two to ten years and a fine of 200,000 to 5,000,000 francs, any official or public employee who, for himself or others, solicits, receives or agrees offers, promises or grants to obtain any benefit granted by the public authority, contracts or other benefits resulting from agreements with public authorities, thereby abusing the real or supposed influence that gives it its quality or its mandate.

Art.374: If corruption or influence peddling would be a criminal with a heavier penalty than imprisonment, the heavier penalty will be applied to perpetrators. In cases under sections 372 3

and 373 offenders will also be allowed the rights mentioned in Article 24 of the Penal Code for at least five years and more than ten years to the day when they will have undergone their punishment. It will never be done corrupting things on his return delivered and their value and will be forfeited to the Treasury.

SECTION VI THE MAKING OF INTEREST IN AN ACT Art.375: The punishment is imprisonment of one to five years and a fine of 200,000 to 5,000,000 francs, any officer or public official who directly takes or receives an interest: 1. in the acts or auction subject to its consent or under his supervision, control, administration or execution; 2. in private companies, communities or institutions in the state-controlled companies or by financial contribution from the state boards, concessions subject to its supervision or control; 3. through markets or contracts on behalf of the State or a public authority with a person or entity; 4. in one case for which he is responsible to order the payment of operating or winding up.

Art.376: shall be liable to the same penalties, any public officer, agent or employee of a public administration in charge, because the same functions, monitoring or direct control of a private company which is in position leave or availability, or after admission to retirement, or after resignation, removal or dismissal, and for a period of two years from the cessation of the function, take or receive by participation in work, counsel or capital, except by hereditary devolution, in terms of capital, in concessions, companies that were directly regulated or subject to direct control and personal. It is further declared forever incapable of exercising any public function.

CHAPTER XV OF ABUSE OF AUTHORITY Art.377: Any officer of the administrative or judicial officer or any police, any commander or officer of the police who, acting in his capacity, to be introduced into the home of a citizen against the wishes of it - it, except as provided by law, and without the formalities prescribed, shall be punished by imprisonment of one month and one day a year and a fine of 100,002 to 400,000 francs, without prejudice to the application of the second paragraph of Article 336.

Everyone who will be introduced by using threats or violence in the home of a citizen shall be punished by imprisonment of one month and one day to three months and a fine of 100,002 to 200,000 francs, or one of these penalties.

Art.378: When an official, public officer, director, officer or servant of the Government or the police, an executor of judicial warrants or judgments, or a commander under command of the police , will, without a legitimate reason, worn or the use of violence against people in the course of or in connection with the performance of his duties, he shall be punished by two years in prison and a fine of 100,002 to 2,000 .000 francs Art.379: Any public servant dismissed, 4

removed or suspended or prohibited by law, who, after having had official knowledge, has continued the line of duty or who, being elected or temporary, will be exercised after have been replaced, shall be punished by imprisonment of at least six months and two years at most, and a fine of 100,002 to 1,000,000 francs. Will be prohibited from exercising public functions for at least five years and ten years at most, the day he will have served his sentence.

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Bangui, January 6, 2010 THE ARMY GENERAL Franรงois BOZIZE Yangouvonda

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