Chad ACL

Republic of Chad Act n째044/PR/2000 of 16th February 2000 **Unofficial Translation** Title I: embezzlement, subtraction and related offenses.

Article 1 Anyone who by any means whatsoever, directly or indirectly receives, holds or has fraudulently any property owned or intended or given to the state, communities or institutions, to companies controlled by the State, shall be punished: a) When the offense involves an amount, or a property worth in excess of thirty million (30,000,000) francs, the punishment shall be penal servitude for life; b) If the offense involves an amount, or a property with a value ranging from fifteen (15) and thirty (30) million dollars, the penalty is twenty (20) to thirty (30) years of forced labor; c) If the offense involves an amount, or a property worth more than seven million (7,000,000) francs, the penalty is ten (10) to twenty (20) years of hard labor; d) When the offense involves an amount, or a property with a value ranging from three (3) and seven (7) million dollars, the penalty is six (6) to nine (9) years forced labor; e) If the offense involves an amount, or a property worth over one million (1,000,000) and less than three million (3,000,000) francs, the penalty is three (3) to five (5) years imprisonment; f) If the offense involves an amount, or a property whose value ranges from five hundred thousand (500,000) one million (1,000,000) francs, the penalty is two (2) to three (3) years' imprisonment; g) If the offense involves an amount, or a property whose value is greater than one hundred thousand (100,000) and less than five hundred thousand (500,000) francs, the penalty is one (1) to two years of imprisonment; h) If the offense involves an amount, or a property whose value is equal to or less than one hundred thousand (100,000) francs, the penalty is six (6) months to one (1) year of imprisonment.

Article 2 The concealment of such property and the complicity of crimes referred to in this Act shall be punished as crimes themselves.

The attempted evasion and fraud that is punishable also penalties specified above.

Article 3 Offences under sections 1 and 2 of this Act, shall be punished in addition to the above penalties, forfeiture of all or part of both movable and immovable property of the guilty. The disposition of forfeited property is pursued by the administration of areas in the manner prescribed for the sale of state assets.

Article 4 The order is not necessary for the prosecution or for the instruction.

Article 5 The administration regularly as a civil party, may take the property of those prosecuted, any protective measures authorized by order of the President of the court.

Any final decision of non-place, discharge or acquittal, a discharge of right precautionary measures so decided.

Article 6 The provisions of Article 55 of the Penal Code relating to mitigating circumstances and those of Articles 59 and 61 relating to the suspension will not apply to offenses under this Act. Except in the case where the value of goods withdrawn, diverted, or defrauded has been fully repaid to the State or organizations.

Article 7 Public servants will be subject to prosecution under this Act, be suspended from office and deprived of half their pay, beginning on opening day proceedings.

However, the allowances they are fully paid.

In the case of dismissal, discharge or acquittal, they will be reinstated and their rights.

Article 8 The remand of the accused will be required and any application for bail inadmissible.

Title II: corruption, the harm suffered, extortion and influence peddling.

Chapter I: corruption and the damage suffered.

Article 9 Whoever, either for the fulfillment, postponement or forbearance of an act or a favor or benefit, promises, offers, donations, gifts or transfers to stresses tending to corruption is punished by imprisonment of five (5) to ten (10) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs, that corruption whether or not its effect.

Article 10 is punishable by one (1) to five (5) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs or one of these two penalties, one who makes of donations, gifts or transfers to the stresses tending to pay any act or failure increased.

Article 11 shall be punished by imprisonment of two (2) to ten (10) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs, all civil servants,

their clerks, or agents proposed public who knowingly and for their own account, grant exemptions from duties, taxes, fees, taxes or contributions, issue at a price less than that prescribed products of the state, community or institution under the supervision State or State financial participation.

Chapter II: extortion Article 12 All officials or public officers, collectors of all fees, levies or public funds, their clerks or proposed, that has received, demanded or ordered to be collected for duties, taxes, contributions or money, or for wages or salaries and for their own account, what they knew or should not be beyond what was due, shall be punished by imprisonment of one (1) to ten (10) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs or one of these two penalties.

Chapter III: influence peddling Article 13 shall be punished by imprisonment of two (2) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs by way of one who, threats, gifts or promises, corrupts a person with a real or supposed influence to obtain any benefit public authority.

Article 14 shall be liable to the same penalties, the official who, for himself or others, solicits or receives approved offers, promises or grants to get any benefit provided by the public authority or body under control public authority, markets or other benefits resulting from agreements with public authorities, thereby abusing the real or supposed influence that gives it its quality or its mandate.

Title III: the interest in an act of non-deficit reported Chapter I: interest in an act Article 15 shall be punished by imprisonment of one (1) to five (5) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs, any officer or public official who directly or indirectly takes or receives an interest; a) acts or tenders submitted to it for advice or under his supervision, control, administration or execution; b) In private companies, communities and public institutions in the state-controlled companies or by financial contribution from the state boards, concessions subject to its supervision or control;

c) In contracts or contracts on behalf of the State or a public authority with a person or entity; d) In a case in which it is responsible for scheduling the payment or to effect the liquidation.

Chapter II: not reported deficit.

Article 16 shall be punished by imprisonment of one (1) to five (5) years any officer or public official who, having knowledge of a cash shortage or deficit accounting in the management of an agent of the State under his command, does not give notice to his superiors.

Article 17 shall be punished by imprisonment of two (2) to ten (10) years and a fine of two hundred thousand (200,000) to five million (5,000,000) francs any supervisor who has the management of a public official under his command or under the supervision, does not give notice to his superiors or the competent judicial authority.

Article 18 The officers and officials and their accomplices condemned under the provisions of this Act are declared automatically incapable of exercising any public office.

In addition to the provisions of Articles 16 and 31 of the Penal Code can be applied.

Article 19 This Law repeals all previous provisions contrary, be registered, published in the Official Gazette of the Republic and enforced as State law.