Burkina Faso ACL

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Burkina Faso Criminal Code Article 154-159

**Unofficial Translation**

CHAPTER V - CRIMES AND OFFENSES AGAINST PUBLIC PEACE Section 1 - embezzlement of public Article 154 Anyone who clears away or for personal use of public funds, active effect in lieu thereof, payment instruments, securities, or document containing operating obligations or discharge, equipment or movable property, for or entrusted to the State, authorities or public institutions, organizations or companies benefiting from a state, it holds because of his duties is guilty of embezzlement of public property. If the value of the diversion is less than or equal to 1,000,000 francs, the penalty is imprisonment of one to five years and a fine of 300,000 to 1,000,000 francs. If the value is greater than one million francs and less than 10,000,000 francs, the penalty is imprisonment for five to ten years and a fine of 500,000 to 5,000,000 francs. If the value is greater than 10,000,000 francs, the penalty is imprisonment for ten to twenty years and a fine of 1,000,000 to 10,000,000 francs. In the cases described in paragraphs 3 and 4, the court may further order the prohibition of exercise of civic rights for a period not exceeding five years. Section 2 - The concussion Article 155 Any officer, any officer shall publish any military, their clerks or servants, every collector of duties, taxes, contributions, funds, public or municipal revenues and their clerks or servants who are guilty of embezzlement by ordering or requiring or receiving this they knew or should not be beyond what was due to duties and taxes, contributions, money or income, or wages and salaries are punished: -A term of two to five years and a fine of 600,000 to 1,500,000 francs if the amount is less than or equal to 500,000 francs; -By imprisonment of five to ten years and a fine of 1,000,000 to 5,000,000 francs if the amount exceeds 500,000 francs. Section 3 - corruption and influence peddling Article 156 Shall be punished by imprisonment of two to five years and a fine of double the value of the promises of things authorized or received or requested, without that fine is less than 600,000 francs, an official of the administrative or judicial any military or similar, any agent or employee of the Authority, any person with an electoral mandate which


approved offers or promises, receiving gifts or presents, to an act of office or employment, even just but not subject to salary. This provision is applicable to any officer, any military or similar, any agent or employee of the quality stated above, any person holding an elective office, which approved by offers or promises, gifts or presents received, s refrains from doing any act which falls within the range of duties. Is same penalties, any arbitrator or expert appointed either spoke court or by the parties, which accredits offers or promises, receiving gifts or presents to make a decision or give an opinion favorable to the party. Is same penalties, any physician, dentist, midwife, skilled birth attendants or other health worker who applies for or approve of offers or promises, solicit or receive gifts or presents to certify false or conceal the existence of disease infirmity or pregnancy or provides false information on the origin of a disease or disability or the cause of death. Shall be punished by imprisonment of one to three years and a fine of 300,000 to 900,000 francs, or one of these penalties, any clerk, servant or agent, employee or paid in any form, which is directly or through a third party without the knowledge and consent of his employer, solicits or receives donations, gifts, commissions, payments to an act of employment or refrain from doing any act which his duty to control. If the offers, promises, donations or solicitations aimed at the performance or failure to act, which, although outside the remit of the personal corrupt person was or would have been facilitated by its function or the services it provides, the penalty is, in the case of the first paragraph, a sentence of one to three years and a fine which shall not exceed 600,000 francs. Article 157 Shall be punished by imprisonment of one to five years and a fine of double the value of the promises of things authorized or received or requested without that fine could be less than 300,000 francs, any person who requests or offers or approved promises, solicit or receive 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, markets, businesses or other benefits arising from treaties with the public authority or administration under the control of the public, or in general, a favorable decision of such authority or administration and abuse of a real or supposed influence. However, when the perpetrator is a person described in paragraph one of Article 156 and that he abused the real or supposed influence that gives it its mandate or its quality, the term of imprisonment is the maximum. Article 158 Whoever coerces or attempts to coerce by violence or threats, bribes or attempts to corrupt by promises, offers, gifts or presents one of the people of the quality expressed in


articles 156 and 158 that the attempt was or was not followed by effect is the same penalties as those provided for in those articles against the corrupt person. Article 159 In all cases the court may further order the prohibition of exercise of civil rights and / or public office or employment for a period not exceeding five years. Things or values submitted or delivered are forfeited to the treasury.


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