Haitian penal code

Penal Code PREFACE The Haitian Penal Code and the Code of Criminal Procedure, have been listed in order to support the training of judges of the National School of Magistrates of Haiti in Port-au-Prince.

This version has no official value.

It was produced by the Department of Justice Canada.

No. 1 LAW ON GENERAL PROVISIONS Article 1 -. The offense sentencing laws punish police is a violation -. C. civ. Inst -. 5. crim. 1, 11, 124, 135, 468 ff -. C. Penal 4, 383 et seq.

The offense, the laws punish correctional penalties, is a crime -. C. civ. 1095, 1133, 1168 et seq, 1812 -..

Inst.crim. 1-4, 155 ff, 465, 467, 469 ff -.. C. Penicillin. 3, 4, 9, 26 et seq., 41, 42 et seq.

The offense that laws punishing an afflictive or infamous punishment is a crime -. Inst. crim. 109 ff, 301, 307, 466 ff -.. C. Penicillin. 2, 4, 6, 7, 12 et seq., 31 et seq., 40 et seq., 44 et seq., 57 et seq.

Art. 2 -. Attempting to crime that has been manifested by external acts, followed by commencement of execution, if it has not been suspended or has failed in its effect only by chance or circumstances beyond the control of the author, is considered a crime and is punishable by imprisonment, the duration of which will be proportionate to the seriousness of the case -. C. Penicillin. 1, 7, 40, 20, 58.

Art. 3 -. Attempted offenses are considered crimes in the cases determined by a special provision of the law -. C. Penicillin. 29, 34, 140, 337.

Art. 4 -. No offense, no offense, no crime can be punished by penalties were not imposed by law, before they were committed -. C. civ. 2 -. C. Penicillin. 1, 7, 26, 382, 383.

Art. . 5 - The provisions of this Code do not apply to offenses, misdemeanors and military crimes -.

C.Penicillin. 40.

ACT No. 2 OF CRIMINAL PENALTIES IN MATERIALS AND CORRECTIONS, AND THEIR EFFECTS Art. 6 -. The criminal punishment or are afflictive and infamous, both, or only infamous -. C. Penicillin. 1, 2, 4, 7, 8.

Art. The penalties both afflictive and infamous are - 7 - C.. Penicillin. 10, 17, 18.

1) to life imprisonment - C. Penicillin. 15, 16, 18, 25, 53 et seq.

2) hard labor - C. Penicillin. 15, 16, 19, 25, 33, 53 et seq.

3) Detention - C. Penicillin. 17, 25, 33.

4) imprisonment in a house of correction - C. Penicillin. 17, 25, 33.

Art. 8 - The infamous punishments are:. - C. Penicillin. 10.

1) The banishment - C. Penicillin. 41 (I).

2) The civil rights; - C. Penicillin. 22, 23, 25.

3) The reference in perpetuity under the special surveillance of the state police - C. Penicillin. 31 et seq.

Art. 9 - The misdemeanor sentences are:. - C. Penicillin. 1, 3, 4, 10, 36 et seq.

1) imprisonment for a place correction - C Penicillin. 26 et seq., 41 et seq.

2) The prohibition in time of certain political rights, civil or family - C. Penicillin. 28, 29.

3) removal - C. Penicillin. 30.

Art. 10 -. The fine and special confiscation or body of the crime, when they belong to the convicted or things produced by the offense, or of those who served or were intended to commit, are common criminal and correctional matters penalties -. Inst. crim. 155 ff, 187 ff, 192 ff -... C. Penicillin. 1, 36, 37 et seq., 469, 470.

Art. 11 -.'s Conviction to the penalties prescribed by law, and always pronounced without prejudice and dom mages intérêtss refunds that may be due to the parties -. C. civ. 939, 1168 -. Inst. crim. 1, 53 -.

C. Penicillin.10, 35 et seq.

CHAPTER I - CRIMINAL PENALTIES Art. 15 -. Men sentenced to hard labor will be employed on public works -. C. Penicillin. 7, 2, 3, 16-19, 53 et seq.

Art. 16 -. Women and girls are sentenced to hard labor will be used in the interior of a house of strength -.

C.Penicillin. 14, 15, 33, 40, 53 et seq.

Art. 17 -. Orders for life sentences, both afflictive and infamous, outweigh the loss of civil and political rights, on the day fixed for the execution -. C. civ. 18 ff -. C. Penicillin. 7, 15, 53 -. Const. 1889, art. 10, 50.

Art. 17 is repealed by the Act of August 30, 1988 abolishing the civil death.

Art 18 -. Orders for temporary punishment, afflictive or infamous, outweigh the suspension of civil and political rights for the duration of the sentence -. C. civ. 25, 26 -. C. Penicillin. 19.

He was appointed to a committee condemned in the form prescribed for the appointment of trustees for banned -. C. civ. 410, 418 - Pr. Civ. 784 ff -. C. Penicillin. 19.

Art. 19 -. The imposition of a sentence of hard labor shall be imposed for at least three years, and fifteen years at most -. C. Penicillin. 7-3 °, 15, 16, 18, 21, 25, 33, 53, 54.

Art. 19 Bis (Penal Code) -. Anyone of either sentenced to the custody of the same sex will be detained in a prison for at least ten years and twenty years.

Art. 20 -. Everyone one or the other sex, sentenced to the prison, will be used in a house of correction, to work with the product can be applied in part to his advantage, and that will be set by the government -.

C. Penicillin.7-40.

The duration of the penalty will be at least three years and nine years at most -. C. Penicillin. 21, 23 et seq., 25, 33, 40, 51, 52, 54, 159.

Art. 21 -. Sentence lengths to count the day the sentence is irrevocable -. Inst. crim. 153, 175, 301, 307 -.

C.Penicillin. 187.

Art. 22 -. No sentence can not be executed the day of national or religious holidays, Sundays - Pr. Civ. 73, 681, 958 -. C. Penicillin. 219.

Art. 23 -. Civic degradation consists in the removal and exclusion of convicted all public service or

employment, and deprivation of all rights set out below -. C. Penicillin. 7-2 째, 25, 38, 1 째 -3 째, 30, 40, 127, 128, 218.

The condemned can never be sworn expert, or be used as a witness in the proceedings, or testify in court, other than to give them simple information -. Inst. crim. 67, 100 -. C. Penicillin. 28, 3, 7, 8 째, 29.

He will be unable to custody and guardianship, if not of his children, and only on the advice of the family -.

C.civ. 345 ff -. C. Penicillin. 28, 50, 60.

It will lose the right to bear arms -. C. Penicillin. 28-40.

Art. 24 -. The effect of removal under the special supervision of senior state police will be determined in Chapter III of this Act -. C. Penicillin. 31 et seq.

Art. 25 -. All judgments will afflictive or degrading punishment will be read and published in abstract form in the city where the judgment has been given, in the municipality of where the crime was committed in that which will run and that of the condemned home -. C. civ. 91 -. Inst. crim. 301 -. C. Penicillin. 7, 8, 13. *****

Decree of 7 April 1982 harmonizing criminal legislation in force with the International Conventions signed and ratified by the Haitian Government.

Art. 1 -. Execution of sentences in criminal and criminal courts and the prison system remains the rule not repealed the Penal Code texts, Act No. 8 of the Code of Criminal Procedure, the Law of December 6, 1918, by the provisions of Chapter VI of the new Regulations of Armed Forces of Haiti and the provisions of this Decree.

Art. . 2 - In all cases of conviction for forced labor or imprisonment, the work required of the condemned will be controlled by a current need and must be performed in the public interest. They will run in decent and humane conditions, taking into account the health, physical and mental fitness of the condemned.

Art. . 3 - In all cases of convictions to rigorous imprisonment, the convicted will be given his health, assigned to work in an organized center operated under the control of the administration of the penitentiary institution in collaboration with Department of Social Affairs.

The convicted remain free to choose activities related to his usual occupation or skill.

His will be recorded in writing and signed by him in conjunction with the Administrator of the prison.

If the convicted person does not sign, he will affix his fingerprint.

Art. 4 -. Work done under a conviction will never be in favor of an individual, a company or private person.

Art. The product of the work performed in all cases under a conviction, will be reserved for the benefit of half condemned - 5..

Art. 6 -. Condemned the political offense, an offense of opinion, offense relating to the discipline of work shall be subjected to any work in the prison, unless so desire, observing the formalities of the Article 3 above.

He will enjoy a special regime determined not Administration said Establishment, together with the Government Commissioner of the Spring.

Art. 7 -. Suitable apartments will, subject to availability of the Treasury, appointed in each prison to house individuals in custody or convicted for crimes of opinion, offense relating to the discipline of labor and political offenses.

These detainees and convicted may, in certain circumstances, to receive their parents, their friends, their lawyers, according to a schedule drawn up by the Director of the Penitentiary Institution.

They must be subject to regulatory measures for the maintenance of order and security within the prison and may, like any other detained or convicted, be subject to disciplinary sanctions.

Art. 8 -. No citizen under preventive detention shall be subject to prison labor.

Art. 9 -. Art. 17 of the Penal Code is amended as follows: Art. 17 -. "Orders for life sentences, both afflictive and infamous, outweigh the loss of civil and political rights, on the day fixed for the execution, subject to the special legal effects of grace, the switching punishment, rehabilitation and amnesty. " Art. . 10 - Article 18 of the Penal Code is amended as follows: Art. 18 - "The conviction of temporary punishment, both afflictive and infamous, entails the right legal prohibitions laid down in Article 28 of the Penal Code, for the duration of the sentence, subject to the reservations set out in the previous article" .

Art. 11 -. Every accused of crime shall, within one month of his arrest and periodically undergo a medical examination.

It will be even sentenced to a felony or misdemeanor.

Report will be made to the Commissioner of the Government of Spring.

The Government Commissioner, of his own volition or at the request of the person concerned can always request a new medical examination.

Art. 12 -. Administrator any Penitentiary Institution will forward monthly to the Government Commissioner spring complete list of citizens under preventive detention or convicted. There will indicate the date, month and year of incarceration, the arrest warrant, order of arrest, of the judgment of conviction.

Art. 13 -. The Director General of Labour and Manpower or the Chief Inspector of the Department of Social Affairs will, at least once a month, a visit to the Prisons of his locality to realize the working conditions of prisoners and pass all necessary instructions, without prejudice to the provisions of art. 447 of the Criminal Procedure Code and art. 6-59 of New Regulations Armed Forces of Haiti.

CHAPTER II - IN CRIMINAL PENALTIES Art. . 26 - Anyone who has been sentenced to imprisonment shall be confined in a house of correction, there will be used in a work established in this house, at its option, except as provided in Article 330 of . present Code - C. Penicillin. 1, 3, 4, 9, 27 et seq., 42, 44 et seq.

The duration of the penalty will be at least six days and three years at the most, except in cases of recurrence or others, or the law has determined other limits -. C. Penicillin. 42, 43, 44, 382, 383.

Worth a day of imprisonment is twenty-four hours.

This was a month is thirty days.

Art. 27 -. Products of every prisoner for work for misdemeanor will be applied partly to the common expenses of the house, partly to procure some alleviation if the merit portion to form for him at the time of its release, a Reserve Fund: all, as will be ordered by the government regulations.

Art. . 28 - The court ruling correctionnellement, may, in some cases, prohibit, in whole or in part, the

exercise of political rights, civil and family following: - C. Penicillin. 23, 29, 81.

1 째 voting and election: C. Penicillin. 23.

2 OF eligibility: C. Penicillin. 23.

3 To be called or appointed to jury duty or other public office or public employment administration, or to perform such duties or employment -. Inst. crim. 215 -. C. Penicillin. 23.

4 From gun -. C. Penicillin. 23.

5 째 To vote and to vote in the deliberations of the family.

6 To be guardian, committee, if not of his children, and only on the advice of a family council -.

C. Penicillin.23, 282, 283.

7 째 To be used as an expert or witness in the proceedings -. C. Penicillin. 23.

8 째 In testimony in court, other than to make it simple statements -. C. Penicillin. 23.

Art. 29 -. Courts will deliver the prohibition mentioned in the previous article, when it has been authorized or ordered by a particular provision of the law -. C. Penicillin. 4, 9, 20, 65, 68, 81, 83, 84, 92, 132, 136, 146, 148, 158, 282, 283, 332, 337, 338, 342, 383.

Art. 30 -. Whoever incurs the penalty of dismissal will be denied the right to exercise any public function or employment, for at least three months and five years -. C. Penicillin. 9, 3, 28, 3. *****

Decree of 29 March 1982 harmonizing certain provisions of the Labour Code with Conventions No. 29 and No. 105 on the Abolition of Forced Labour ratified by Haiti.

Art. . 1 - Article 4 of the Labor Code is amended as follows: No citizen may be forced to forced or compulsory labor, except in the case of a conviction by a court lawfully seized.

Is considered forced all work performed by a person under the menace of any penalty, without payment of wages and without her consent.

Shall be punished with imprisonment of six months to three years or a fine of five thousand to ten thousand gourdes gourdes, pronounced by the criminal court, anyone would have forced a person to forced labor.

In case of recidivism, the above penalties will be doubled. The proceeds of the fine will be paid to the Treasury.

Art. 2 -. East and remains repealed the Decree of 8 December 1960 concerning the conditions of employment of public servants, private or public administration employees, Trade and Industry.

Their working conditions are determined by the Labour Code and the laws and regulations establishing the status of the public.

Art. 3 -. This Decree repeals all laws or provisions of laws, decrees or provisions of decrees, all Legislative Decrees or provisions of Decree Laws which are contrary and will be executed at the behest of the Secretaries of State Affairs Social, Trade and Industry, the Justice, Interior and National Defense, each in his own behalf.

CHAPTER III OF PENALTIES AND OTHER SENTENCES THAT MAY BE IMPOSED FOR CRIMES

Art. 31 -. The effect of removal under the special supervision of senior state police will give the government the right to order and require interested in CHIEF JUSTICE party or the banishment of the individual, of a certain place, or his continuous residence in a particular place of one of the districts of the Republic -.

C. Penicillin. 9, 10, 32, 33, 34.

Art. 32 -. If disobeying this order, the Government shall have the right to order, and the party requesting the CHIEF JUSTICE, (the great judge is archaic term), the arrest and detention of the convicted person for a time period, which may extend as far as the time limit for the state of special surveillance -. C. Penicillin. 26 et seq.

Art. 33 -. Perpetrators sentenced to hard labor or imprisonment shall, ipso facto, after they have undergone their punishment, and for a time equal to the duration, under the surveillance of the police the State -.

C.Penicillin. 2, 4, 8, 9, 10, 31, 32.

Art. 34 -. Will have to be returned under the same supervision and throughout life, those who have been convicted of crimes or offenses of concern to the internal or external security of the state -. C. Penicillin. 10, 31, 32, 57 et seq.

Except in cases specified above, the convicts will be under the surveillance of the state police in the event that a particular provision of the law will be allowed -. C. Penicillin. 4, 42, 52, 76, 79, 80, 182, 204, 253, 254, 260, 262, 271, 283, 290, 330, 331, 364, 372, 382.

Art. 35 -. When it will be necessary to restitution, the offender shall be in addition to the party, to compensation, the determination is left to the justice of the court, where the law does not have settled without it can never be below a quarter of refunds, and without the consent of the same court to the party to decide any application to work -. C. civ. 939, 1108 - Pr. Civ. 135 -. Inst. crim. 1, 53, 143, 168, 170, 291, 298 -. C.Penicillin. 11, 36, 38, 39, 56, 58, 135, 136, 194, 202, 325, 338, 340, 345, 351, 352, 353, 355, 359, 363, 376, 387, 388.

Art. 36 -. Execution of sentences of fines, refunds, damages, expenses may be prosecuted by way of enforcement by -. C. civ. 1829 - Pr. Civ. 133 -. C. Penicillin. 37, 388.

Art. 37 -. When fines and fees will be voted in favor of the State if, after the expiry of the afflictive or infamous punishment, to imprisonment for receipt of these financial penalties, lasted a full year, he may, on the evidence gained through the law, its absolute insolvency obtain his freedom.

The term of imprisonment will be reduced to six months if it is a crime.

And when the prisoner has been held by the complainants and civil parties for damages, costs or refunds delivered to their advantage, the duration of the constraint will be ten months in the case of damages not exceeding one hundred dollars, and one year if the damages exceed the value -. C. Penicillin. 386.

Art. 38 -. If competition fine with restitution and damages, on deficient property of the convict past convictions will get preference -. Inst. crim. 103 -. C. Penicillin. 18, 35 et seq., 387.

Art. 39 -. All individuals convicted for the same crime, or for the same offense, are jointly liable for fines, restitution, damages and expenses -. C. civ. 987 -. C. Penicillin. 44 et seq., 202.

CHAPTER IV - THE PUNISHMENT OF RELAPSE FOR CRIMES Art. 40 -. Whoever, having been convicted of a felony, commits a second felony carrying civic degradation, will be sentenced to hard labor for life (as amended by the Decree of 4 July 1988). L.Fr. April 28, 1832 -.

C.Penicillin. 7, 8, 10, 17, 33.

If the second crime entails the penalty of hard labor for life, he will be sentenced to the same penalty -.

C.Penicillin. 7, 12.

The last paragraph was provided for the death penalty. The Decree of 4 July 1988 abolishing the death penalty has virtually changed. The death penalty is now that of penal servitude for life.

Art. . 41 - Anyone who has been convicted of a crime, commits an offense liable to be punished correctionnellement, will be sentenced to the maximum penalty provided by law, and the penalty may be increased to twice, it will be more , placed under special surveillance of the state police for at least three years, and more than nine years -. Inst. crim. 155 -. C. Penicillin. 1, 26 et seq., 40, 42.

Art. 42 -. Persons sentenced to a misdemeanor more than six months imprisonment, shall, in case of another offense, sentenced as stated in the previous article -. C. Penicillin. 9, 26 et seq., 31, 34, 41.

Art. 43 -. Anyone who has been sentenced to a misdemeanor, has committed a crime liable to be punished with hard labor or imprisonment, shall be sentenced to maximum penalty prescribed by law -.

C. Penicillin. 9, 26 et seq., 31, 34, 41.

LAW No. 3 ON PEOPLE PUNISHABLE, EXCUSABLE OR LIABLE FOR CRIMES OR OFFENSES Art. 44 -. Accomplices of a crime or offense, shall be punished with the same penalty as the same or perpetrators of this crime, except where the law provides otherwise -. C. civ. 590 ff -. Inst. crim. 390 -.

C.Penicillin. 39, 45 et seq., 238, 286, 325, 361, 362, 382.

Art. . 45 - shall be punished as an accomplice to a felony or misdemeanor actions: Those who, through gifts, promises, threats, abuse of authority or power, scheming or contrivance, have prompted this action or gives instructions to commit -. C. Penicillin. 1 ff., 44, 137, 138.

Those who have procured weapons, instruments or any other means which have served to action knowing they were to serve.

Those who, with knowledge, aided or abetted the perpetrator or perpetrators of the action, the facts that have consumed, without prejudice to the penalties that will be specifically brought by this Code against the perpetrators of conspiracy or provocation detrimental to the internal or external security of the State, even if the crime that was the object of the conspirators or provocative, would not have been committed -.

C. Penicillin. 57 et seq., 63 et seq., 238.

Art. 46 -. Those who have knowingly concealed, in whole or in part, upon removal, misappropriated or obtained with a crime or offense will also be punished as accomplices of the crime or offense -.

C. com. 590 ff -. C.Penicillin. 47, 61, 206, 305, 325, 331.

Art. They are convinced of, however, against receivers appointed in the preceding article, the death penalty or to life imprisonment, when necessary, they will do that as applied - 47. have had the time of concealed, knowledge of the circumstances to which the law attaches sentences of these two genera, otherwise they will suffer the penalty of hard labor - C.. Penicillin. 15, 17, 18, 249, 326 et seq.

Art. 48 -. There is no crime or offense, where the accused was insane at the time of the action or has been constrained by a force which he could not resist -. C. civ. 399 -. C. Penicillin. 49, 273.

Art. 49 -. No crime or offense can not be excused or mitigated punishment, in cases and under circumstances in which the law says is excusable or it can apply a less severe penalty -. Inst. crim. 272, 299 -. C. Penicillin.48, 50 next to 76, 80, 83, 99, 100, 106, 125, 149, 151, 174, 178, 206, 229, 232, 236 et seq., 290, 297, 303, 325, 382.

Art. 50 -. "When the accused or the accused is over 13 and under 16 years of age unless it is decided in respect of a criminal conviction in accordance with Article 51 of this Code, it will, according to circumstances, or simply admonished and returned to his parents, guardian, the person who had custody or a trustworthy person or sent to a public or private Medical Institute-educational, or placed at the

Welcome Centre "Duval Duvalier" or any other institution of remedial education, for the purpose of receiving a moral, civic, professional for the number of years determined by the judgment and may never exceed the time he reaches the age of 21. " "Appeals against the decisions ordering the placement of the minor or sending in a public institution of probation or remedial education are suspending except provisional execution notwithstanding opposition or appeal specifically ordered. The appeal to the Supreme Court has no suspensive effect. "(As amended by the Law of 7 Sept. 1961).

Art. 51 -. "When the circumstances of the case and the personality of the accused or accused of more than 13 years require a criminal conviction, the judgment will be delivered as follows, subject, where applicable, the possibility for Judge competent to dismiss the mitigating circumstance of minority. " a) "If he has incurred the penalty of hard labor for life, it will be required to eight years of treatment in a corrective State Education Centre. (As amended by the Act of 7 Sept. 1961). " b) "If he has incurred the penalty of hard labor, detention or imprisonment, it will be subjected to treatment more than three years in a specialized Professional Centre of the State."

Art. 52 -. "In all cases, it may be decided that the child will be placed under a certain age under probation which will hereinafter be determined." (As amended by the Law of 7 Sept. 1961 ).

Art. Will be pronounced the sentences to life imprisonment and hard labor against any sixty years at the time of individual judgment - - 53.. C. civ. 1832 - Pr. Civ. 700, 40 -. C. Penicillin. 7, 20, 53, 55.

Art. 54 -. These penalties will be replaced, for them, by that of imprisonment, or life, or time, depending on the length of the sentence it will replace -. C. Penicillin. 7, 20, 53, 55.

Art. 55 -. Anyone sentenced to hard labor for life or a time when it has reached the age of sixty years of age, will be identified and will be housed in the jail for all the time of his sentence, as if he had been sentenced to life imprisonment -. C. Penicillin. 7, 53, 54.

Art. 56 -. In cases of liability that may arise in criminal cases, misdemeanor, or police, the courts before which the cases are pending, shall comply with the provisions of the Civil Code on crimes, torts -. Inst . crim. 170 -. C. Penicillin. 1, 353, 356 ff, 390, 394, 398 -.. C. civ. 1168, 1169.

ACT No. 4 ON CRIMES, CRIMES AND PUNISHMENT PART I - CRIMES AGAINST PUBLIC THING CHAPTER I - CRIMES AGAINST THE STATE SECURITY SECTION I - CRIMES AGAINST EXTERNAL SECURITY OF THE STATE Art. 57 -. All Haitians who have borne arms against Haiti, shall be punished by penal servitude for life.

(As amended by the Decree of 4 July 1988) -. C. Penicillin. 7-1 째, 12.

Art 58 -. Will also punished with penal servitude for life, whoever practiced maneuvers or maintained with the enemies of the State, for the purpose of facilitating their entry into the territory of the Republic and dependencies, or their deliver cities, fortresses, squares, stations, ports, warehouses, arsenals, vessels or vessels belonging to Haiti, or provide the enemy with troops, men, money, food, weapons or ammunition, or assist the progress of their weapons possessions or against Haitian forces land or sea, or by undermining the loyalty of officers, soldiers, sailors or other to the State and the Head of State or any other material -. (As amended by the decree of July 4, 1988) -. C. Penicillin. 7-1 째, 12.

Art. 59 -. Any public official or agent, any officer of the government, responsible for reason of his office, filing plans of fortifications, arsenals, ports and harbors, that delivered these plans, or one of these plans, the enemy or enemy agents shall be liable to penal servitude for life -. (As amended by the Decree of 4 July 1988) -. C. Penicillin. 7, 17, 33, 60.

Art. 60 -. Any other person who, having been received by corruption, fraud or violence, to avoid the socalled plans, or will be delivered to the enemy or agents of a foreign power shall be punished as the servant or agent mentioned in the previous article, and according to the distinctions set out therein.

If the said planes were without the prior use of wicked ways, in the hands of the person who delivered the sentence will be: In the first case mentioned in Article 59, the prison, and in the second case the same article, imprisonment of one to three years.

Art. 61 -. Whoever concealed, or has done harboring spies or enemy soldiers, sent to the discovery, and he has known for such, will be sentenced to hard labor for life -. C. Penicillin. 7-1 째, 12, 46, 67.

Art. 62 -. Whoever by acts not approved by the government, exposed Haitians to experience retaliation, shall be punished by imprisonment -. C. Penicillin. 7-4 째, 17, 33, 34.

SECTION II - CRIMES AGAINST THE DOMESTIC SECURITY STATE I. ATTACKS AND PLOTS DIRECTED TO HEAD OF STATE Art. 63 -. The attack against life or against the person of the Head of State shall be punished by imprisonment.

(As amended by the Decree of 23 September 1985) -. C. Penicillin. 7, 1, 12, 13.

Art. 63 Bis (Penal Code) - Reads now as follows: Attacks and plots whose purpose is to undermine the lives of members of the Executive Branch shall be punished with imprisonment. The penalty is five years.

Attacks and plots whose purpose is to undermine the life of a member of the Power of the State, a high civil servant or a member of the Armed Forces of Haiti shall be punished with imprisonment. The penalty is at least ten years and twelve years.

Art. 64 - The attack whose purpose is.: Either destroy or change the government or to excite the citizens or residents to arm themselves against the authority of the head of state, shall be punished by imprisonment.

(As amended by the Decree of 23 September 1985) -. C. Penicillin. 7-1 째, 12, 13.

Art. . 64 - (Penal Code) now reads as follows: Attacks and plots whose purpose is to destroy the political institutions or change the Government, to excite the citizens or residents to arm themselves against the authority of the Head of State shall be punished with imprisonment. The penalty is at least ten years and fifteen years. (Decree of 23 September 1985).

Art. 65 -. Conspiracy which will aim for the crimes mentioned in the preceding articles, shall be punished by imprisonment.

This section was repealed by the Decree of 23 September 1985.

Art. 66 -. Ago attack, when a crime is committed or begun to achieve the execution of these crimes, although they have not been consumed -. C. Penicillin. 63.

Art. 67 -. Plot ago, when the resolution is concerted action and stopped between two conspirators, or more, though there has been no attack -. C. Penicillin. 44, 65.

II. CRIMES OF SEEKING TO DISTURB THE STATE CIVIL WAR, THE ILLEGAL USE OF FORCE ARMY, THE DEVASTATION AND PUBLIC PLUNDER Art. 68 - The attack whose purpose is.: Either to incite civil war, arming and paying citizens or residents to arm themselves against each other; Or take the devastation, killing and looting in one or more common; Shall be punished by imprisonment (According to Article 1 of the Decree of 22 September 1985) -.

C.Penicillin. 7-1 °, 12, 13.

Art. 69 -. The plot will tend to the same end, is punishable by imprisonment -. C. Penicillin. 7-4 °, 63 et seq., 70.

Art. . 70 - Those who have raised or leavened armed troops, counsels or enlisted, is engaging or enlisting soldiers, or have provided or procured weapons or ammunition, without order or permission of the Head of State; Those who, without right or legitimate reason, have taken command of a corps of troops, a fleet, a squadron, a warship, a stronghold of a post, a port, a town Those who have chosen, against the order of the Government, any military command; Commanders who have held their army or troop gathered after the dismissal or separation has been ordered; Shall be punished by imprisonment. (According to Article 1 of the Decree of 23 September 1985) -.

C.Penicillin. 7-1 °, 12, 13, 63, 68, 71 et seq.

Art. 71 -. Anyone who may have the police, or required to be ordered, order or require that the action or work against the removal of people from war to law, shall be punished by imprisonment -. C. Penicillin. 7.

If the requisition or order were followed by their effect, the offender shall be punished with imprisonment (according to Article 1 of the Decree of 23 September 1985) -. C. Penicillin. 7-1 °, 12, 13.

Art. 72 -. Anyone who has burned or destroyed by the explosion of a mine, or any other means of buildings, stores, arsenals, vessels, and other property belonging to the State shall be punished by imprisonment (in the Article 1 of the Decree of 23 September 1985) -. C. Penicillin. 7-1 °, 12, 13, 73 et seq.

Art. , Whoever is to invade areas, properties or public funds, places, cities, fortresses, posts, stores, arsenals, forts, ships, and buildings belonging to the State or to loot public property or share or national 73. or finally to attack or resistance to the forces acting against the perpetrators of these crimes, will be at the head of armed bands, or it has exercised any function or command, shall be punished with imprisonment (under Article 1 of 23 September 1985) -. C. Penicillin. 7-1 °, 12, 13, 259.

The same shall apply to those who have led the association raised or made up, is organized or organized gangs, or will they knowingly and voluntarily provided or procured weapons, ammunition and instruments of crime, or sent convoys of subsistence . - C. Penicillin. 72, 74 et seq., 216, 226, 260.

Art. 74 -. In the case where one or more of the crimes referred to in Articles 63, 64, 68 have been executed or simply tempted by a band, the penalty of detention (under Article 1 of the Decree of 23 September 1985) be applied without distinction of rank, all individuals in the band, and which have been seized at the scene of the seditious meeting -. C. Penicillin. 2, 7, 1, 66, 259.

Shall be punished with the same penalty, though not before the place, whoever led the sedition, or has exercised in the band a job or any command -. C. Penicillin. 75 et seq.

Art. 75 -. Except when the seditious meeting took object or result for one or more of the crimes set out in Articles 63, 64 and 68 individuals belonging to the bands spoken of above, without exerting any command or employment, and which have been seized on the premises, shall be punished by imprisonment -.

C. Penicillin.7-4 째, 17, 74, 76 et seq.

Art. 76 -. Would be pronounced penalty for acts of sedition, against those who were part of these bands without any exercise command and without filling any job or function will be removed at the first warning to the civilian and military authorities when 'they have been seized as offsite meeting of seditious without resistance and without arms -. C. Penicillin. 49, 68 et seq.

They will be punished, in this case, that particular crimes allegedly committed personally, and yet they may be returned for five years or more, up to ten years under the special supervision of senior police State -.

C.Penicillin. 31, 36, 174, 356 et seq.

Art. 77 -. Included in the word weapons, any machine, instrument or sharp utensils or blunt.

Knives and scissors pocket, simple canes are weapons that so it shall be deemed to have been used to kill, injure, or hit -. C. Penicillin. 45, 259, 260, 326, 327, 391, 398.

III COMMON TO BOTH SECTIONS OF THIS SECTION AVAILABLE Art. 78 -. Shall be punished as guilty of the crimes mentioned in this section, all those who either speeches in public places or meetings, either cupboards displayed or printed by written, will directly excited citizens to commit. - C. Penicillin. 63, 178, 230, 238, 258.

SECTION III - THE REVELATION AND NON DISCLOSURE OF CRIMES THAT THREATEN THE DOMESTIC SECURITY OR OUTSIDE OF THE STATE Art. 79 -. All persons having knowledge of plots or projected against the internal or external state security crimes, will not reporting these crimes or conspiracies, and will not be disclosed to government or administrative authorities or police, the circumstances that will come to their knowledge, all within twentyfour hours have followed said knowledge, will, even when they are known to be free of any complicity, made for the sole because of non-disclosure under the special supervision of senior state police for a time which shall not exceed five points -. Inst. crim. 20 ff -. C. Penicillin. 57 et seq., 80, 100.

Art. 80 -. Free Will the sentences against the perpetrators of the conspiracy and other crimes detrimental to the security of the State, those guilty of that before any execution or attempted execution or these conspiracies or crimes, and before any proceedings, will be first given to the authorities mentioned in the previous article, knowledge of these conspiracies and crimes and their perpetrators or accomplices, or even from the commencement of proceedings have procured the arrest of those authors or accomplices -.

C.Penicillin. 44 et seq., 68 et seq., 100, 106.

The culprits who have given this knowledge or obtained these arrests may nevertheless be condemned to remain for life or time, under special surveillance of the state police -. C. Penicillin. 31, 34.

CHAPTER II - CRIMES AGAINST THE CONSTITUTION

SECTION I - CRIMES RELATING TO THE EXERCISE OF POLITICAL RIGHTS Art. 81 -. When, gathering, assault or threats, it will prevent one or more citizens to exercise their political rights, each of the guilty will be punished with imprisonment of at least three months, and one year and the prohibition of the right to vote and to be eligible for at least five years and up to ten years -. C. Penicillin. 26, 28, 10, 20, 82 et seq.

Art 82 -. If the crime was committed as a result of a concerted plan to be executed, either in whole republic or in one or more counties or municipalities, the penalty shall be imprisonment -. C. Penicillin. 7, 40, 8 1, 17.

Art. 83 -. Any citizen who, being charged in a vote counting tickets containing the votes of citizens, will be surprised falsifying these tickets, or by extracting the mass, or adding or registering on tickets voters not literate names other than those that would have been declared shall be punished by deprivation of civil rights -. C. Penicillin. 8, 20, 23.

Other persons guilty as set forth above shall be punished by imprisonment of at least three months and one year, and the lifetime ban the right to vote and to be eligible -. C. Penicillin. 26, 28, 20, 81.

Art. 84 -. Any citizen who will, in the elections, bought or sold a vote, at any price, shall be punished with ban on political rights and of any public office or employment, for at least five years and ten years.

Will also, the seller and the buyer of the vote each sentenced to a fine of twice the value of things pledged or received.

SECTION II - ATTACKS ON FREEDOM Art. 85 -. When a public officer, agent or servant of the Government, has ordered or made some arbitrary acts prejudicial, either individual freedom or political rights for one or more citizens or to the Constitution, will be sentenced to dismissal -. Inst. crim. 450 ff -. C. Penicillin. 8, 1, 23, 81 ff, 137 ff, 145 ff, 289 ff -....

Const. 1889, art. 14.

If, however, he proves that he has acted on the orders of his superiors, for the jurisdiction of these objects, and on which it was due to their hierarchical obedience, it will be exempt from punishment, which will be applied to the guilty. - C. Penicillin. 48, 151, 266 et seq.

Art. 86 -. The damages that may be imposed in respect of attacks expressed in the previous article will be requested, either criminal prosecution or civil action by, and will be paid, with respect to people, circumstances and the harm suffered , under no circumstances, and regardless of the injured person, the said damages may be below four gourdes or above ten gourdes each day of unlawful and arbitrary detention, and for each individual . - C. civ. 929, 1168 - Pr. Civ. 135 -. Inst. crim. 14, 466 et seq.

Art. 87 -. If the act unconstitutional was made from a forged signature of the name of a public official, the authors of the false and those who have knowingly use, shall be punished with hard labor which maximum will always be applied in this case -. Inst. crim. 350 ff -. C. Penicillin. 7, 3, 15, 19, 107 to 110, 125.

Art. 88 -. Public officials responsible for administrative and judicial police, who have refused or neglected to comply with a legal claim, seeking to have the illegal and arbitrary detention, or in homes for the custody of inmates or elsewhere , and can not prove that they have reported to the higher authority, shall be punished with dismissal, and required to pay damages, which will be paid as stated in Article 86 -. C. civ. 929, 1168 -.

Inst.crim. 9, 442 ff, 450 ff -.. C. Penicillin. 8, 10, 23, 36 et seq., 89, 289 et seq.

Art. , Guards and janitors house deposit, court ruling or punishment, who have received a prisoner without a warrant or judgment or interim order without Government - 89, those who have chosen or have refused. represent the officer or bearer of his orders, without justifying the defense of the public prosecutor or the judge, those who refused to show their records to the police officer will be as guilty of arbitrary detention,

punishment three months to one year in prison -. Inst. crim. 443, 445 ff, 452 -.. C. Penicillin. 26 et seq., 88, 289 et seq.

Art. 90 -. Shall be punished by dismissal, all police officers all officers of the Public Prosecutor, all judges who have caused, given or signed a judgment, order or warrant, for the personal pursuit or prosecution, or a large official without the permission of the Head of State or a member of the Legislature, against the provisions of the Constitution, or, except in cases of flagrante delicto or public outcry, will, without the said authorization or against the said provisions given or signed the order or warrant to seize or stop one or several high officials, or members of the Legislature -. Inst. crim, 9, 13, 31, 44, 77 et seq, 88, 380 ff -...

C. Penicillin. 9, 30, 95, 12, 129, 144 -. Const. 1889, Articles 85, 86, 87, 88.

Art. 91 -. Will also be punished by dismissal, officers of the Public Prosecutor, judges or public officers who hold or have held an individual outside the places determined by the Government or by the government, or who bring a citizen criminal court, without having previously been legally charged -. Inst. crim. 450 ff -.

C. Penicillin.9-30, 30, 88 et seq., 289 et seq.

SECTION III - COALITION OF OFFICIALS Art. 92 -. Concert all measures contrary to the laws, practiced, either by meeting individuals or bodies, holders of any part of the public authority or by deputation or correspondence between them, shall be punished by imprisonment for at least one month and three months, against each guilty, which could be further condemned the ban on political rights and any public office for five years plus.-C. Penicillin. 26, 28, 85 et seq., 93 et seq., 127 et seq.

Art. 93 -. If, by any means expressed above, there was concerted action against law enforcement or against the orders of the President of Haiti, the penalty shall be imprisonment of one to three years and sending in the surveillance of the state police for a time which can not be less than five years -.

C. Penicillin. 9, 10, 26, 31 et seq.

If this concert takes place between the civilian authorities and the military forces or their leaders, those who are the perpetrators or instigators, shall be punished by imprisonment and other guilty, imprisonment -.

C.Penicillin. 7, 40, 9, 10, 20, 26 et seq.

Art. 94 -. If this concert would have been subject to, or result in a detrimental state security plot, the guilty will be punished with imprisonment.

(As amended by the Decree of 23 September 1985) -. C. Penicillin. 7, 10, 12 et seq., 63 et seq., 67, 68 et seq.

SECTION IV - INFRINGEMENT OF ADMINISTRATIVE AND JUDICIAL AUTHORITIES Art. 95 - Will be guilty of felony and punished with civic degradation.: Judges, officers of the Public Prosecutor, police officers, and administrative authorities who are interfered in the exercise of legislative power or by-laws with the laws, either by stopping or suspending the execution of a or more laws or deliberating on the question if the laws will be published or performed -. C. civ. 8 -.

Inst. crim. 9, 13, 44, 330 et seq.

Art. 96 -. The penalty shall be a fine of at least twenty gourds and gourds percent at most, against every judge, after a lawful request of interested parties or by the competent authority, have issued orders or awarded mandates, without government permission, against its agents or employees, when they are notified of offenses committed in the exercise of their functions -. Inst. crim. 30, 31 ff -. C. Penicillin. 36, 85.

The same shall apply to officers of the Public Prosecutor or police who have required the said ordinances or mandates.

CHAPTER III - CRIMES AGAINST PUBLIC PEACE SECTION I I. FAKE - FAKE MONEY Art. 97 -. Whoever forged or altered the legal tender in Haiti, or participated in the issuance of the said counterfeit currency or altered, or their introduction on Haitian territory, shall be punished by penal servitude for life (As amended by the Decree of 4 July 1988) Inst. crim. 5, 6 -. C. Penicillin. 7, 1, 12, 13, 100, 101 et seq.

Art. 98 -. Any person who has in Haiti, counterfeited or altered foreign currencies, or participated in the program in Haiti or introduction of foreign currency counterfeited or altered shall be liable to penal servitude for life .. - C.Penicillin. 7, 2, 15, 17, 97, 99, 125 et seq.

Art. 99 -. Participation set out in the preceding Articles shall apply the point to those who, having received for good pieces of counterfeit or altered coins, were recirculated.

However, one who has made use of the said documents, after checking or fact checking services, shall be punished by a fine triple or less, and more than six times of the sum represented by the pieces he has made to the circulation without the fine shall in no case be less than six gourds -. C. Penicillin. 10, 30, 282.

Art. 100 -. Persons guilty of crimes referred to in Articles 97 and 98 will be exempted from punishment if, before the consumption of these crimes and before any proceedings, they gave informed and revealed to the authors constituted authorities, or even after prosecution is provided they started arresting other culprits -. C.Penicillin.

II. INFRINGEMENT OF SEALS OF STATE BANK NOTES, PUBLIC EFFECTS OF PUNCHES, STAMPS AND BRANDS Art. 101 -. Those who have forged the seal of the State or made use of counterfeit seal -. Inst. crim. 5, 6 -.

C.Penicillin. 97 et seq., 100, 101 et seq., 106, 125.

Those who have forged or falsified or notes issued by the Treasury with its timbre or bank notes authorized by law, or who have made use of these effects and counterfeit or forged tickets, or who have entered into enclosure of Haiti; Shall be punished by penal servitude for life. (As amended by the Decree of 4 July 1988) -. C. Penicillin. 71 째, 13, 19, 22.

Art. 102 -. Those who forged or falsified, or one or more national stamps or matrices of the national mint, or hammers used for state forest trademarks or punch or punches for marking gold material or money, or who have made use of papers, bills, stamps, punches or hammer forged or counterfeit, shall be punished with penal servitude for life -. C. Penicillin. 7-1 째, 15, 103, 125 et seq.

Art. 103 -. Shall be punished by hard labor anyone being improperly provided the real seal of the state, the real matrices, real stamps, hammers and punches, with one of the destinations specified in the previous article, have made an application or use detrimental to the rights and interests of the state -. C. Penicillin. 73 째, 15, 18, 19, 33, 104, 105, 125 et seq.

Art. 104 -. Those who counterfeit marks to be affixed on behalf of the Government on the different kinds of commodities or goods, or who have used these fake brands.

Those who have forged the seal, stamp, mark any authority or a particular institution bank or trade, or who have made use of seals, stamps or counterfeit brands.

Shall be punished with imprisonment -. C. Penicillin. 7-4 °, 20, 103, 105, 125 et seq.

Art. 105 -. Shall be punished with imprisonment anyone being unduly obtained the genuine seals, stamps or marks, with one of the destinations specified in the previous article, has made an application or use detrimental to the rights or interests of State, any authority, or even a particular institution -. C. Penicillin. 91 °, 26 et seq.

Art. 106 -. The provisions of Article 100 shall apply to crimes mentioned in article 101 -. C. Penicillin. 80.

III. FALSE ENTRIES IN PUBLIC OR AUTHENTIC AND COMMERCIAL BANK OR Art. 107 -. Officer or public officer in the exercise of his duties, commits a wrong - Pr. Civ. 215 ff -.

Inst. crim.350 ff -. C. Penicillin. 108-126, 217.

Either false signatures Either by altering acts, writings or signatures, Or by impersonation, Either by entries made on or inserted records or other public acts, from their manufacture or closing Shall be liable to penal servitude for life -. C. Penicillin. 7-2 °, 15, 18, 110, 111, 125 ff, 217 -.. Inst. crim. 350 et seq - Pr. Civ. 215 et seq.

Art. Will also punished with penal servitude for life, any official or public officer who, by writing the acts of his ministry, has fraudulently misrepresented the substance or circumstances or in writing conventions other than those that would have been - 108. drawn or dictated by the parties or by finding as true or false facts as facts that solicitors were not -. C. Penicillin. 7-2 °, 15, 18, 110, 125 et seq.

Art. 109 -. Will be punished by hard labor, all other persons who have committed a faux authentic or public writing or writing commercial or banking -. C. civ. 1102 -. C. com 8 et seq.

Either through forgery or alteration of records or signatures, or by making agreements, arrangements, obligations or discharge, or their insertion afterthought in these acts, either by addition or alteration of terms, statements or facts that these acts were intended to receive and to see.

Art. 110 -. In all cases expressed in this paragraph, who has made use of false acts shall be punished with hard labor -. C. Penicillin. 7-3 °, 15, 19, 33, 110, 111, 125 et seq.

Art. 111 -. Except Are the above provisions, false passports and committed road maps, on which it will be particularly found below -. C. Penicillin. 115, 120.

IV. THE FALSE WRITING PRIVATE Art. 112 -. Everyone who, in one of the ways specified in section 109 committed forgery of private documents, shall be punished by imprisonment -. C. civ. 1107 - Pr. Civ. 215 ff -. Inst. crim. 350 ff -.

C. Penicillin. 7-4 °, 20, 33, 107 et seq., 112, 124, 125 et seq.

Art. 113 -. Shall be liable to the same penalty, whoever has made use of the counterfeit coin.

Art. 114 -. Except Are the above provisions, false certificates of the case which will be discussed below -.

C.Penicillin. 121-124.

V. FALSE COMMITTED IN PASSPORTS, AND CERTIFICATES OF JOURNEY Art. 115 -. Anyone fabricate a false passport or falsify originally a genuine passport or make use of a forged or falsified passport, shall be punished by imprisonment of at least one year and up to three years -.

C. Penicillin.26 et seq., 34, 116, 120, 125 et seq., 237, 282.

Art. 116 -. Whosoever will, in a passport, an assumed name, or has competed as a witness, to issue the passport under the assumed name, shall be punished with imprisonment of three months to a year.

Landlords and innkeepers who knowingly enter in their records under false or fictitious names, people live with them, shall be punished by imprisonment of at least six days and one month -. C. Penicillin. 26 et seq., 117, 119, 125 et seq., 394-1 °.

Art. 117 -. Public officers who issue a passport to a person they do not know personally testify without having their names and qualities by two people known to them will be suspended six days to six months -.

C.Penicillin. 26 et seq., 125 et seq.

If the public official, informed of the assumption of the name, nevertheless issued the passport under the assumed name, he shall be punished by imprisonment -. C. Penicillin. 9-3 °, 30, 116, 125 et seq.

Art. . 118 - Anyone fabricate a false road, or falsify a roadmap originally true, or will make use of a road made or altered, shall be punished as follows: - C. Penicillin. 115 et seq., 119, 120, 125 et seq.

A term of imprisonment of at least one year and up to three years if the wrong road has been aimed to deceive the supervision of public authority -. C. Penicillin. 9-1 °, 26 et seq.

Of imprisonment, if the treasury paid bearer of false sheet travel expenses that were not due to him, or which exceed those which he could be entitled -. C. Penicillin. 7-4 °, 20, 33.

Art. 119 -. The penalties provided in the preceding article shall be applied according to the distinctions that are posed to any person who will actually be issued by a public officer, a road under an assumed name -.

C.Penicillin. 116.

Art. . 120 - If the public officer was informed of the assumption name when issuing the sheet, it will be punished, namely: - C. Penicillin. 125 et seq.

In the first case laid down by Article 118 of the dismissal -. C. Penicillin. 9-3 °, 30.

And in the second case the same article, the imprisonment -. C. Penicillin. 7-4 °, 20, 33.

Art. 121 -. Anyone to redeem herself or another overcome any public service, manufacture, under the name of a doctor, surgeon or other medical officer, a certificate of disease or infirmity, is punishable by imprisonment of one to three years -. C. Penicillin. 26 et seq., 114, 122 et seq., 125 et seq.

Art. 122 -. Any physician, surgeon or other officer of health, to promote someone falsely certify illness or infirmity own to provide a public service shall be punished by imprisonment of one to three years -.

C.Penicillin. 26 et seq., 262, 323.

If it has been moved by gifts or promises, he will be punished with civic degradation -. C. Penicillin. 8-2 °, 22, 23, 25, 44 et seq., 60, 137 et seq.

Art. 123 -. Whoever manufacture under the name of a public official or officer, a certificate of good conduct, poverty, or other specific call benevolence of the Government or individuals on the designated circumstances, and to give him up, credit or relief, shall be punished with imprisonment of six months to two

years -. C.Penicillin. 26 et seq., 124, 125 et seq.

The same penalty will be applied.

1. To him who falsify a certificate that originally true species to adapt it to a person other than that for which it was originally issued.

2. To everyone who will be served and the certificate forged or falsified -. C. Penicillin. 110, 113.

Art. 124 -. False certificates of any kind, and where it could result in either injury to others, or damage to the public treasury will be punished, as will be necessary, according to the provisions of paragraphs III and IV of this section -. C. Penicillin. 107 to 110, 112, 113.

COMMON PROVISIONS Art. 125 -. Application to the penalties against those who have made use of coins, banknotes, stamps, stamps, hammers, punches, trademarks and written false, forged, fabricated or falsified, stop whenever false will not known by the person who makes use of the wrong thing -. C. Penicillin. 97-124, 126.

Art. 126. - In all cases where the punishment of false is applied, it will be pronounced against the guilty a maximum fine which may be increased up to a quarter of the illegitimate has provided false profit, or was intended to provide the authors crime, their accomplices or those who have used the wrong thing. The minimum of the fine shall not be less than twenty-four gourds -. C. Penicillin. 10, 36, 44 et seq., 125.

SECTION II - maladministration, AND CRIMES OF PUBLIC OFFICIALS IN THE LINE OF DUTY Art. 127 -. Any crime committed by a public official in the performance of his duties, a felony -.

Inst. crim. 330 ff -. C. Penicillin. 90, 95, 128, 129, 144.

Art. 128 -. Any felony, for which the law does not say more severe penalties shall be punished with deprivation of civil rights -. C. Penicillin. 8-2 째, 23.

Art. 129 -. Lesser offenses are not public officials in forfeiture -. C. Penicillin. 1, 3, 4 - Pr. Civ. 438 ff -.

Inst.crim. 155, 380 et seq.

I. SUBTRACTION OF COMMITTED BY THE TRUSTEES PUBLIC Art. 130 -. Every collector, while committed to a perception, custodian or public accountant to be diverted or removed from public or private funds or assets effects taking place parts, titles, deeds, household effects that were in his hands under his duties, shall be punished with hard labor if things are diverted or removed from a value above twenty-five thousand gourdes -. C. civ. 1826 al-3rd, 1869-7th al -. Pr. Civ. 133, 458 -.

C. Penicillin.7-3 째 al, 15, 19, 33, 131 ff, 340 -... Thus mod. by the law of 16 February 1927.

Art. 131 -. If misused or subtracted values do not exceed twenty-five thousand gourdes, the penalty is imprisonment for at least one year and five years -. C. Penicillin. 7-3 째, 15, 19, 33, 130, 132 et seq., 340. As amended by the Act of February 16, 1927.

Art. 132. - In all cases of conviction for acts of misappropriation of the species mentioned in the two preceding articles, the offender shall be deprived of all or part of the rights provided in Article 28 of this Code for three years at least and fifteen more years after the sentence has been served or prescribed -.

C. Penicillin. 26, 28, 133, 340 -. Thus mod. by the law of 16 February 1927.

Art. 133 -. Cases expressed in the preceding three items, it must be pronounced against the offender a fine of up to be a quarter of refunds and allowances, and minimum twelfth -. C. Penicillin. 12, 36, 340.

Art. 134 -. A judge, director, officer or public officer to be destroyed, deleted, removed or diverted deeds and titles he was holding as such, it will have been given or by reason of his duties, shall be punished with work forced time -. Inst. crim. 380 et seq.

All agents, servants or committed either Government or public trustees who are guilty of the same subtractions, will be subject to the same penalty -. C. Penicillin. 7-3 째, 15, 19, 33, 340.

II. Concussions OF COMMITTED BY PUBLIC OFFICIALS Art. 135 -. All officers, all public officers, their clerks or servants, all collectors of taxes, fees, contributions, public or municipal income funds, and their clerks or servants, who are guilty of the crime of extortion, ordering collect or requiring or receiving what they knew not to be had, or exceed what was for the duties, taxes, contributions, money or income or wages or salary, shall be punished, namely, civil servants or public officials of imprisonment, and their clerks or servants, to imprisonment for at least one year, and more than three years - Pr civ.. 438-1 째, 547 -. C. Penicillin. 7-4 째, 20, 25, 33, 136 et seq.

The culprits are, moreover, fined, the maximum will be the fourth of restitution and damages, and the minimum twelfth -. C. Penicillin. 12, 36.

III. CRIMES OF OFFICIALS WHO HAVE SWALLOWED IN INCONSISTENT WITH THEIR BUSINESS QUALITY Art. 136 -. Any official or civil or military, any public officer or agent of the Government, which, either openly or by simulated acts or through intermediaries, has taken or received any interest whatsoever in acts, auctions, firms or authorities which he is or was, at the time of the act, in whole or in part, the administration or supervision, shall be punished by imprisonment of at least three months, and one year at most, and will be sentenced to a fine which shall not exceed one quarter of the refunds and compensation or be below the twelfth -. C. civ. 739 -. C. Penicillin. 10, 26 et seq., 36.

It will be more liable to dismissal -. C. Penicillin. 9-3 째, 28, 30.

This provision applies to any officer or government agent who takes any interest in a case he was charged with the payment schedule or to liquidation -. C. Penicillin. 130, 135, 137, 138.

IV. THE CORRUPTION OF PUBLIC OFFICIALS Art. , Every public officer of the court or administrative order military, agent or representative of a government that has approved the offers or promises or given the gifts or promises to perform an act of his office or employment - 137. even right, but not about salary, shall be punished by deprivation of civil rights and sentenced to a fine of twice the value of the promise of things approved or received without the actual fine may be less than fifty dollars -. Inst. crim 160 ff -. C. Penicillin. 10, 23 36, 45, 84, 139. And mod. L. 10 Sept. 1895.

Art. 138 -. Previous provision applies to any officer, agent or employee of the quality expressed above that approved by offers or promises, donations or gifts received will be refrained from doing anything that entered the order homework.

Art. 139 -. If corruption would be to a criminal act, it will be punished with the same penalty as a result -.

C.Penicillin. 137.

Art. 140 -. Whoever coerced or attempted to coerce by violence or threats, corrupted or attempted to corrupt by promises, offers, gifts or presents, agent or official agent, quality expressed in Article 137, for, or a favorable opinion or the minutes, reports, certificates, or untrue estimates or places, jobs, auctions, business or any other benefits, or any other act finally ministry official, agent or employee, shall be

punished by imprisonment of one to three years -. C. Penicillin. 9-1 째, 26 ff., 28, 43, 137.

Art. 141 - It will never be done corrupting return things delivered by him, or value:. They will be forfeited to the public treasury - C.. Penicillin. 36, 38 et seq., 139.

Art. 142 -. If it is a court ruling in criminal proceedings, or a juror who has been corrupted, either in favor or to the detriment of the accused, he shall be punished by imprisonment, in addition to the fine of accused, he shall be punished by imprisonment in addition to the ordered section 137 fine -. Inst. crim. 176 ff -.

C. Penicillin. 7-40, 10, 20, 21, 33, 36, 143 et seq.

Art. 143 -. If the effect of corruption, there was a higher sentence than imprisonment sentence that sentence whatsoever, will be applied to the judge or jury guilty of corruption -. C. Penicillin. 142.

Art. 144 -. A judge or administrative authority, which will be decided in favor of a party, or enmity against it, is guilty of a felony and punished by the loss of civil rights -. Inst. crim. 180 ff -. C. Penicillin. 8-2 째, 23, 90, 95, 127 et seq.

V. ABUSE OF AUTHORITY First Class - Abuse of authority against individuals Art. 145 -. A judge, any officer of the Public Ministry, a director or other officer of justice or police, which will be introduced into the home of a citizen, except as provided by law and subject to the formalities is prescribed, shall be punished by a fine of at least six gourds and gourds in forty-eight more -. Const. 1889, art. 16 -. C.Penicillin. 10, 36.

Art. 146 -. A judge or court that, under any pretext whatsoever, even silence or obscurity of the law, will be denied to render justice to the parties that, after having been required, and will persisted in his denial, after a warning or instruction of his superiors, may be continued and shall be punished by a fine of forty-eight and gourds at least ninety-six gourds at most, and a ban from public office one year up to five -. C. civ. 9 Pr. Civ.438 ff -. C. Penicillin. 10, 36, 145, 147 et seq.

Art. 147 -. When any public officer or officer, or a director or an officer or employee of the government or the police, executor of the mandates of justice or judgment, a commander in chief, or sub-order, police force, will, without 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 according to the nature or severity of violence, raising the sentence following the rule in section 159 below -. C. Penicillin. 190 et seq., 254 et seq.

Art. 148 -. Any removal or opening of letters assigned to the post, committed or facilitated by an officer or agent of the government or administration positions, shall be punished by a fine of sixteen to sixty-four gourds gourds. The offender shall, in addition, prohibits any public office or employment, for at least one year and up to three years - Const:., 1889, art. 29 -. C. Penicillin. 10, 28, 36, 333.

Second class - Abuse of authority against the State Art. 149 -. Any public official, whether civilian or military, any agent or employee of the government of any state and rank it, which has requested or ordered, or that require direct action or the use of public force against the enforcement of a law or against the imposition of an order or warrant of arrest, or any other order issued by legitimate authority, will be dismissed and sentenced to imprisonment for three years -.

C. Penicillin. 9-1 째, 30, 26, 150 et seq., 170 et seq.

If the requisition or order were followed by their effect, the penalty shall be imprisonment -.

C. Penicillin. 150, 2nd al. 152.

Art. 150 -. Any public official or civil or military, any agent or employee of the Government of any state and grade it, to be violated or violate any law left as it was, by the nature of his duties or employment, specially called upon to perform, or to perform, shall be punished by the following penalties: 1. And the dismissal of six months to one year of imprisonment, when it comes to special legislation concerning requirements for ensuring the proper management of public funds; 2. Three to six months' imprisonment when it comes to all other laws that the offense is not already punished by this Code. All without prejudice to the repairs and damages which the offense has been able to lead.

Art. 151 -. The penalties set out in Articles 149 and 150 shall not cease to be applicable to officers or servants who have acted on the orders of their superiors so far as this order has been given by them to objects within their jurisdiction and on which it was due to their hierarchical obedience, in this case, the penalties above shall apply only to the first superiors have given this order - C.. Penicillin. 151, 214, 223.

Art. 152 -. If as a result of the said orders or requisitions, it occurs other punishable stronger than those expressed in articles 149 and 150 sentences crimes, these more severe penalties will be applied to officers, agents or employees guilty of giving the said orders or requisitions made known -.

C. Penicillin. 151, 214, 223.

VI. SOME OFFENSES AGAINST ACTS OF KEEPING VITAL Art. 153 -. Officers of civil status, who have registered their actions on single loose sheets, shall be punished by imprisonment of at least one month and three months, and a fine of six gourds forty-eight gourds -. C. civ.41, 53 -. C. Penicillin. 9-1 째, 10, 26 et seq., 160.

Art. No points will be assured of the existence of such consent when, for the validity of a marriage, the law requires the consent of the parent or other person, and the officer of civil status - 154. he shall be punished by a fine of sixteen to sixty-four gourds gourds, and imprisonment of six months in the month and a year -.

C. civ.72, 74, 136-138, 168 -. C. Penicillin. 9-1 째, 10, 26 et seq., 36, 153, 155, 156.

Art. 155 -. Officer of civil status will also be punished by six to sixty-four gourds gourds fine, upon receipt, before the term prescribed by Article 213 of the Civil Code, the act of marriage of a woman who has been married -. C. civ. 174 -. C. Penicillin. 10, 26 et seq., 36, 153, 154, 160, 288.

Art. . 156 - The penalties provided in the preceding articles against the officers of the marital status, will be applied, even when the nullity of their actions would not have been sought or would have been covered, all without prejudice stronger sentences for collusion, and without prejudice as other criminal provisions of the Act No. 6 of the Civil Code on marriage -. C. Penicillin. 144, 145, 178, 179 -. C. Penicillin. 44 et seq.

VII. THE YEAR OF THE PUBLIC AUTHORITY OR ILLEGAL EXTENDED EARLY Art. 157 -. Any public official who enters into exercise its functions without having taken the oath prescribed by law may be prosecuted and liable to a fine of sixteen to sixty-four gourds gourds -. Inst crim. 380 ff -.

C.Penicillin. 10, 26 et seq., 36, 158, 217, 218.

Art. 158 -. Any official or civil or military, dismissed, dismissed, suspended, or prohibited by law, which, after the official had knowledge will continue the performance of his duties or being elected or temporary, will be the performed after replacement, shall be punished by imprisonment of at least six months and up to two years and a fine of twenty-four gourds ninety-six gourds. Will be prohibited from exercising any public function for at least one year and up to three years to the day when he will have served his sentence, all without prejudice to more severe penalties brought against the officers or military commanders by Article 70 of this Code -. C.Penicillin. 9-1 째, 26 et seq., 36, 157.

SPECIAL PROVISIONS Art. 159 -. Except where the law specifically governs the penalties for offenses committed by public officials or officers either civil or military, those of them who have been involved in other crimes or offenses that were to monitor or punish, shall be punished as follows: - C. Penicillin. 144 et seq., 147, 281.

If it is a crime to the police court, they still suffer the maximum penalty attached to the kind of crime -.

Inst.Crim 155 -. C. Penicillin. 1, 3, 4, 281.

Case of crimes carrying afflictive, they will be sentenced as follows: With hard labor if the crime prevails against any guilty, the sentence of imprisonment; To hard labor for life, if the crime carries against any guilty, the sentence of hard labor; Beyond the cases which have been expressed, the common penalty shall be applied without aggravation.

SECTION III - CONDITIONS MADE TO PUBLIC BY THE MINISTERS OF WORSHIP IN THE EXERCISE OF THEIR MINISTRY I. CRITICAL, OR CENSORED PROVOCATIONS DIRECTED AGAINST PUBLIC AUTHORITY IN A SPEECH DELIVERED PASTORAL PUBLICLY Art. 162 -. Ministers of religion who will deliver, in the exercise of their ministry, and public meeting, a speech containing criticism or censure of the Government, a law, a decree of the Head of State or any other act of public authority, shall be punished by imprisonment of three months to one year.

Art. 163 -. If the speech contains a direct incitement to disobedience to the laws or other acts of public authority, or if it tends to lift or arm some citizens against others, the minister who has uttered shall be punished by imprisonment of one to three years, if the provocation was not followed by any effect, and imprisonment, if it led to disobedience, but other than that have degenerated into sedition or revolt.

Art. 164 -. When the provocation has been followed by a riot or revolt whose nature will be against one or more offenders to greater than imprisonment sentence that sentence whatsoever, will be applied Minister guilty of provocation.

II. CRITICAL, CENSORED, OR PROVOCATIONS PUBLIC AUTHORITY IN A WRITTEN PASTORAL

DIRECTED

AGAINST

Art. 165 -. Any writing containing pastoral instructions, in any form whatsoever, and in which a minister to be ingested or censor or criticize the Government, or any act of public authority, take away the pain of the imprisonment of one to three years against the minister who has published.

Art. 166 -. If writing mentioned in the previous article contains a direct incitement to disobedience to the laws or other acts of public authority, or if it tends to lift or arm some citizens against others, the minister who has issued shall be punished by imprisonment.

Art. 167 -. When provocation contained in pastoral writing has been followed by a riot or revolt whose nature will be against one or more offenders to greater than imprisonment, the death penalty sentence that what it is, will be applied to the minister guilty of provocation.

III. CORRESPONDENCE OF MINISTERS OF WORSHIP WITH CURRENT OR FOREIGN POWERS ON THE CONTENTS OF RELIGION Art. 168 -., A minister of religion who will be on issues or religious subjects corresponded with a court or foreign power, without having first informed the Government, and without having obtained authorization shall, for that reason alone, punishable by a fine of one hundred to five hundred gourdes gourdes -.

C. Penicillin. 4, 36, 169.

Art. 169 -. If the correspondence referred to in the previous article was accompanied or followed by other acts contrary to formal law or a decree of the Head of State provisions, the offender shall be punished by imprisonment in unless the sentence resulting from the nature of these facts is not strong, in which case the higher penalty shall be applied only -. C. Penicillin. 7-4 °, 17, 20 et seq.

SECTION IV - RESISTANCE Disobedience AND OTHER VIOLATIONS TO THE PUBLIC AUTHORITY I. ÉBELLION Art. 170 -. Any attack, any resistance with violence and assaulting the officers, or the police, the officers in the collection of taxes and contributions, their holders constraints, customs officials, receivers, officers or agents of the administrative and judicial police, acting for the execution of laws, orders, or orders of public authority, judicial warrants or judgments, is qualified, depending on the circumstances, crime or crime of rebellion -. Pr . civ. 149, 469 -. Inst. crim. 9, 16, 85, 88, 180, 308 -. C. Penicillin. 68 et seq., 149, 171 et seq., 133 et seq, 193 et seq., 324 et seq., 259, 359.

Art. 171 - If it was committed by more than twenty armed men, the guilty will be punished with hard labor;., And if there was no gun, they will be punished by imprisonment - C.. Penicillin. 7-30, 40, 15 et seq., 19 et seq., 33, 170, 172.

Art. . 172 - If the rebellion was committed by an armed meeting of three or more, up to twenty inclusive, the penalty shall be imprisonment, if there was no gun, the penalty shall be imprisonment of at least six months and two years at most -. C. Penicillin. 7 ° -3 ° -40, 19, 20, 26 et seq., 33, 173.

Art. 173 - If the rebellion was committed by one or two people with weapons, it will be punished with imprisonment from six months to two years., And if it took place without weapons, to imprisonment for six days to six months -. C. Penicillin. 26 et seq., 174.

Art. 174 -. If rebellion with tape or gathering, Article 76 of this Code shall apply to the rebels without duties or employment in the band, which will be removed at the first warning of the public authority, or even since s' they were seized that out of the rebellion, and without resistance and without new weapons -.

C. Penicillin. 361.

Art. 175 -. Any meeting of people for a crime or offense shall be deemed military meeting, when more than two people wear conspicuous weapons -. C. Penicillin. 77, 171-173, 176 et seq., 259.

Art. 176 -. Individuals who would be equipped with hidden weapons, which would have been part of a gang or not deemed army meeting will be individually punished as if they were part of a troop or army meeting -.

C.Penicillin. 77, 82 et seq., 259.

Art. 177 -. Authors of crimes committed during the course and during a rebellion, shall be punished with penalties against each of these crimes, if they are stronger than the rebellion -. C. Penicillin. 152, 171 et seq., 179.

Art. 178 -. Shall be punished as guilty of rebellion, whoever caused it, either through speeches in public

places or meetings, either cupboards displayed or printed by writings.

In the event that the rebellion would not have occurred, the challenger shall be punished with imprisonment of at least six days, and a year -. C. Penicillin. 26 et seq., 170, 382.

Art. 179 -. In any case it will be delivered to that rebellion, a simple sentence, the guilty will be sentenced, in addition to a fine of sixteen to forty-eight gourds gourds -. C. Penicillin. 11, 26 et seq., 172, 173.

Art. 180 - Will be punished as rebels meetings, those who have been trained with or without arms, and accompanied by violence or threats against a public authority, the officers and police officers, or against the police:. - C. Penicillin. 170 et seq., 182.

1. by workers or laborers in the public workshops or factories; 2. by individuals admitted to hospitals; 3. by the accused prisoners accused or convicted -. Inst. crim. 448, 449 -. C. Penicillin. 181.

Art. 181. - The penalty for rebellion defendants prisoners accused or convicted in relation to other crimes or offenses, and will be suffered by them are: Inst. crim. 448, 449. - C. Penicillin. 180-3 째.

For those who, for crimes or offenses which have caused their detention, which would be condemned to a perpetual or non-death penalty immediately after the expiry of the sentence; And the other immediately after the stop or final judgment, which will be returned or paid acquitted of the offense for which they were held -. Inst. crim. 290, 293.

Art. 182 -. Leaders of a rebellion, and those who have caused will be doomed to remain after the expiry of their sentence under special surveillance of the State Police, for at least one year and three years at most -.

C.Penicillin. 24, 31, 33, 34, 81.

II. OUTRAGES, VIOLENCE AND PUBLIC FORCE

AGAINST

TRUSTEES

OF

AUTHORITY

Art. 183 -. When one or more judges of the administrative or judicial order, shall have received, in the exercise of their duties or in the course of this exercise, some outrage, by words or in writing, to charge their credit rendants or delicacy, and whoever shall outraged, shall be punished with imprisonment of three months to a year - Pr. civ. 16 ff, 94 ff -.. Inst. crim. 157, 180, 188, 394 ff -. C. Penicillin. 26 et seq., 140, 184 et seq., 390-10 째.

Art. 184 -. Contempt done by gesture or by threats, a magistrate in the course of or in connection with the performance of his duties, shall be punished with imprisonment of one month to one year -. C. Penicillin. 26 et seq., 183, 185 et seq., 221.

Art. 185 -. Contempt done by words, gestures, or threats to any judicial officer or custodian of the police officer in the exercise or during the performance of his duties, shall be punished by a fine of sixteen forty gourds gourds -. C. Penicillin. 11, 36, 180, 186, 188, 189.

Art. 186 -. The penalty will be six days to one month imprisonment, if the contempt mentioned in the previous article was directed against an officer commanding the police -. C. Penicillin. 26 et seq., 170.

Art. 187 -. In the case of sections 183 and 184 if the outrage was directed against a high official or a member of the Legislature, in the exercise of his duties, or on the occasion of this year, the penalty is to one year to three years imprisonment, and if the injuries or violence were followed by assault, the punishment shall be imprisonment - C.. Penicillin. 7-5 째, 19, 20, 26 et seq., 33.

Art. 188 -. Anyone who, even without weapons, without resulting in any injuries, will hit a magistrate in the exercise of his duties, or on the occasion of this year, will be punished with imprisonment one year to three years -. C. Penicillin. 26 et seq.

If this assault took place at the court hearing, the offender shall be punished by imprisonment -.

Inst. crim. 394 -. C. Penicillin. 7-5 °, 17, 20 et seq., 33, 189 et seq., 191, 222.

Art. 189 -. The violence of the species expressed in the previous article, against an officer, a law enforcement officer or a citizen charged with a public service department, if they took place during that if they exercised their ministry or this occasion, shall be punished with imprisonment of one to six months -.

C. Penicillin. 26 et seq., 33, 185, 190, 192.

Art. 190 -. If violence against officials and agents referred to in Articles 187, 188 and 189 were the cause of bloodshed, injury or disease, the penalty shall, in the case of Article 187, forced labor in time, in the case of section 188, imprisonment and in the case of art. 189, imprisonment of one to three years if death ensued within forty days, the offender will be sentenced to hard labor for life - C.. Penicillin. 7-1 °, 3 °, 5 °, 15, 16 et seq., 26 et seq., 22, 191.

Art. 191 -. At the same event that the violence would not have caused bloodshed, injury or disease, strokes will be liable to the penalties prescribed in the preceding article with which distinctions are made, they were charged with felonious intent or -. C. Penicillin. 190, 242, 243.

Art. 192 -. If injuries are the number of those who bear the character of murder, the offender shall be sentenced to hard labor for life -. C. Penicillin. 7-1 °, 12 et seq., 240, 249, 254 et seq.

III. REFUSAL OF SERVICE OF LEGALLY Art. 193 -. Penal laws and regulations relating to military recruitment will continue to receive their execution.

Art. 194 -. Witnesses and jurors who have allegedly proven false excuse, will be sentenced, in addition to fines imposed for failure to appear, fined sixteen gourds -. Inst. crim. 67, 68, 72, 139, 140, 165, 210, 230233 -. C.Penicillin. 11, 36.

IV. INMATES ESCAPE, RECÈLEMENT CRIMINAL Art. 195 -. Whenever a prison break takes place, ushers, commanders or suborder, either the police or the armed forces for escort or filling stations, janitors, caretakers , jailers and all other safety driving, transportation and custody of prisoners, shall be punished as follows: Art. 196 -. If the escapee was accused of misdemeanors or simply infamous crimes, or if a prisoner of war, attendants custody or conduct will be punished for negligence, imprisonment of six days two months, and in case of collusion, to imprisonment from six months to two years - Inst.. crim. 125, 155 -. C. Penicillin. 8, 26 et seq., 44, 197 et seq.

Those who, not being responsible for the care or the conduct of the detained have procured or facilitated his escape, shall be punished by six days to three months' imprisonment -. C. Penicillin. 26 et seq.

Art. 197 -. If the escaped prisoners, or one of them, being accused or charged with a crime likely to result in temporary difficulty, afflictive, or convicted of any of these crimes, the penalty is against the servants in the custody or conduct, negligence, imprisonment for two to six months, in case of collusion, imprisonment C..Penicillin. 20, 26 et seq., 33, 44 et seq., 196, 198 et seq.

Art. 198 -. If escaped, or one of them accused or accused of crimes entailing the death penalty or life sentences, or they are doomed to one of these sentences, their drivers or guardians shall be punished by one year to two years imprisonment, negligence, and hard labor in the event of collusion -. C. Penicillin. 19, 20, 26 et seq., 33, 34 et seq., 196, 197, 199 et seq.

Individuals not responsible for the conduct or care that will ease or procures the escape, shall be punished by imprisonment of at least one year, three years or more -. C. Penicillin. 26 et seq., 204.

Art. 199 -. If the escape occurred or was attempted with violence or breach of prison sentences against those who have favored providing equity instruments to operate, will, in case of the fugitive was quality expressed in Article 196, three months to two years imprisonment in case of section 197, two to five years imprisonment in case of section 198, imprisonment -. C. Penicillin. 26 et seq., 33, 44 et seq., 200, 201, 203.

Art. 200 -. In all cases above, when third parties who have procured or facilitated the escape will be succeeded by bribing the guards or jailers, or in collusion with them, they will be punished the same as the so-called guards and jailers . - C. Penicillin. 44 et seq., 196.

Art. 201 - If the escape with broken or violence was driven by transmission weapons, guards and drivers who have participated, shall be punished by penal servitude for life,. Others, of hard labor - C.. Penicillin. 72 째, 3 째, 15 et seq., 18, 19, 33, 44 et seq., 77, 196 et seq., 203.

Art. 202 -. All those who connived at the escape of a prisoner will jointly condemned as damages, all that the plaintiff inmate was entitled to obtain against him -. C. civ. 939, 987, 1168 -. Inst. crim. 1, 53 -.

C. Penicillin.11, 36, 190 et seq., 203 et seq.

Art. 203 -. A against prisoners who escaped are, or have tried to escape from prison breach or violence, they will, for that reason alone, punishable by six months to a year in prison, and suffer the penalty immediately after the expiry of that they have incurred for the crime or offense on account of which they were held or immediately after the judgment has paid or returned absolved of said crime or offense, the whole without prejudice more severe penalties they might incur for other crimes allegedly committed in their violence -. Inst.crim. 270, 293 -. C. Penicillin. 26 et seq., 181, 199, 201.

Art. 204 -. Whoever is condemned for favoring an escape or attempted escape, a prison sentence of more than six months, may also be placed under special surveillance of the State Police, for interval of three to nine years -. C. Penicillin. 31, 34, 197, 198.

Art. 205 -. Imprisonment above set against drivers or guards for negligence only cease when the escapees will be included or represented provided that it is within four months of evasion, and that they not be arrested for other crimes or offenses committed after -. C. Penicillin. 196 to 198.

Art. 206 -. Those who harbored or is harboring people they knew had committed crimes carrying afflictive, shall be punished with imprisonment of three months at least, and more than two years -. C. Penicillin. 7, 26 et seq., 46, 47.

Are excepted from this provision ascendants or descendants, spouses themselves divorced, the siblings surmounting criminals or their allies to the same degree -. C. civ. 589, 595 et seq -. Inst. crim. 138 -.

C.Penicillin. 325, 382.

V. BREACH OF SEALED AND REMOVAL OF PARTS IN PUBLIC DEPOSITS Art. 207 -. When seals affixed either by order of the Government or because of a court order made in any matter whatsoever, have been broken, the guards will be punished for simple negligence from six days to six months imprisonment . - C. civ. 1169 - Pr. Civ. 796 ff -. Inst. crim. 27, 28 -. C. Penicillin. 26 et seq., 208211, 214.

Art. 208 -. If the breaking of the seals applied to the papers, and effects of an accused individual or accused of a crime carrying the death penalty or to life imprisonment, or be sentenced to one to both the careless guardian shall be punished by six months to two years imprisonment -. C. Penicillin. 7, 26 et seq., 207, 209 et seq.

Art. . 209 - Whoever purposely broken the seals on paper or quality effects outlined in the previous section, or participated in the breaking of the seals, shall be punished by imprisonment, and if he is the guardian Similarly, it will be punished with hard labor -. C. Penicillin. 7, 15, 16 et seq., 20, 23, 44 et seq., 210 et seq.

Art. . 210 - With respect to all other seals are broken, the guilty will be punished by three months to one

year's imprisonment, and if the guard himself, he shall be punished by one to three years of same sentence -. C.Penicillin. 26 et seq., 209.

Art. 211 -. All robbery with a broken seal, shall be punished as theft with burglary -. C. Penicillin. 7, 324, 326.

Art. 212 -. As for subtraction, kidnapping and destruction of parts or criminal proceedings, or other papers, records, documents and effects contained in archives, registries or public filings, or delivered to a public repository, as such, penalties will be, against the clerks, archivists, notaries or other negligent custodians, to a fine of twenty-four to sixty-four gourds gourds -. C. civ. 1168, 1728 et seq -. Inst. crim. 410 ff -.

C. Penicillin. 10, 36, 213, 214, 340.

Art. 213 -. Whoever is guilty subtraction, abduction or destruction mentioned in the previous articles, shall be punished by imprisonment -. C. Penicillin. 18, 20, 33, 214, 340.

If the crime is the work of the custodian himself, he shall be punished with hard labor -. C. Penicillin. 7-3 °, 15 et seq., 33.

Art. 214 - greatest If seals are broken, subtract, kidnapping or destruction of parts, were committed with violence against persons, the penalty shall be, against any person, that of hard labor, without prejudice to any punishment. if applicable, according to the nature of violence and other crimes who would be attached -. C.Penicillin. 7-3 °, 15 et seq., 33, 152, 207 et seq., 212, 213, 223, 340.

VI. DEGRADATION OF MONUMENTS Art. 215 -. Whoever killed, mutilated or defaced monuments, statues and other objects for utility or public decoration, and raised by the public authority or with his consent, shall be punished by imprisonment for one month one year -. C. Penicillin. 9-10, 26 et seq., 36, 73, 361 and 9-1 °, 26 et seq.

Art. 216 -. If there was destruction, the penalty shall be imprisonment from one year to two years -.

C.Penicillin. 9-1 °, 26 et seq.

VII. THEFT OF SECURITIES OR FUNCTIONS Art. 217 -. Whoever e untitled, will have interfered in civil or military public service, or has done acts of one of these functions, shall be punished by imprisonment of one to three years without prejudice to the penalty false if the document bears the character of the crime -. C. Penicillin. 9-1 °, 26 et seq., 107 et seq., 218.

Art. Any person who publicly wore a suit, uniform or a decoration that does not belong to him or to be awarded government securities that it would not have been legally granted, especially people called "Agents Entertainer" and all - 218. that without lawyers or authorized representatives are usually granted mandate to make land claims, to apply for permits to survey will be amenable to the criminal court and liable to imprisonment for at least six months and two years Moreover, without prejudice to other penalties and prosecution if NECESSARY. (Thus, mod. By the Act of July 20, 1953).

VIII. INTERFERENCE WITH FREE EXERCISE OF WORSHIP Art. 219 -. Any individual, who by assault or threats will be forced or prevented one or more persons to exercise one of the cult authorized to attend the exercise of this worship, to celebrate certain holidays, observe certain days of rest, and, therefore, to open or close their shops, stores, or stores, and to leave some work to be punished for the mere fact of imprisonment of six days to two month -. Const. 1889, art. 22 -. C. Penicillin. 9-1 °, 22, 26 et seq., 36, 160 et seq., 220.

Art. 220 -. Those who prevented, delayed or interrupted exercises of worship by unrest or disorder caused in the temple or other place or currently used for these exercises will be punished with imprisonment of six

days to three months.

Art 221 -. Any person who, by words or gestures, outraged a cult objects in the scene for or currently serving in his service or ministers of the cult in their duties, shall be punished with imprisonment of fifteen days to six months -. C. Penicillin. 9-1 째, 26 et seq., 184.

Art. 222 -. Whoever hit the minister of religion in his duties, shall be punished by imprisonment -.

C. Penicillin.20, 33, 188.

Art. 223 -. The provisions of this paragraph apply only to unrest, insults and assaults on the nature and circumstances do not result in more severe penalties, according to the other provisions of this code -. C .Penicillin. 152, 214, 229 et seq.

SECTION IV A I. ASSOCIATIONS OF CRIMINALS Art. 224 -. Any conspiracy against persons or property, is a crime against the public peace -.

C. Penicillin. 1, 225 et seq.

Art. 225 -. This crime is by the mere fact of organizing bands or correspondence between them and their leaders or commanders or conventions on account or to distribution or sharing of product harm -. C. civ. 10, 730, 924, 962 -. C. Penicillin. 2, 224, 226 et seq.

Art. 226 -. When this crime would have been accompanied or followed by any other authors, directors of the association, and the commanders or suborder of these bands, shall be punished with hard labor. C. Penicillin.7-3 째, 15 et seq., 19, 33, 73, 361 et seq.

Art. 227 -. Shall be punished by imprisonment, any other individuals responsible for any service in these bands and those who knowingly and voluntarily provided to the bands or their divisions, weapons, ammunition and instruments of crime -. C. Penicillin. 7 -. 5 째, 20, 33, 44 ff, 116, 226.

II. PROWL Art. 227-1 -. (L. 27 October 1864.) - Vagrancy is a crime -. Inst. crim. 155 -. C. Penicillin. 1, 229 et seq.

Art. 227-2 -. (L. October 27, 1864) -. Vagrants or vagabonds are those who have no fixed abode, no livelihood, and no regular trade practice or profession -. C . civ. 270, 272 ff, 278 ff -.. Inst. crim. 97.

Al added by the Act of 3 July 1935: Are considered vagrants, under 18 years, with or without cause left the home of their parents or guardians, or the places where they were placed by those whose authority they were subjected, or entrusted, were found, or wandering or staying in a furnished and regularly practicing any profession, or pulling their resources debauchery.

Art. 227-3 -. "Vagrants or vagabonds who have been legally declared as such, shall be punished by imprisonment of one to six months. In case of recidivism, they will be punished by imprisonment of six months to two years.

If the perpetrators are minors, they will be sent to a rehabilitation institution until their majority "(As amended by decree of September 30, 1983).

Art. 227-4 -. (L. October 27, 1864) -. Vagrants may, even after judgment has the force of res judicata, be claimed by a decision of the municipal council of the municipality where they were born, or endorsed by a

citizen solvent -. C. civ. 1806, 1807 - Pr. Civ. 442 -. Inst crim. 96, 102, 155, 166.

"If the Government welcomes the claim, or authorize the deposit, and individuals claimed or endorsed, will be by his orders, sent or taken to the town which has claimed, or in which they will be assigned, at the request of the surety . "- C. Penicillin. 188.

Art. 227-5 -. (L. October 27, 1864) -. Individuals reported by vagrants judgment may, if they are foreign, being expelled by order of the Government, outside the territory of the Republic -. Inst. crim. 155, 156 -.

C. Penicillin.188, 231.

III. Begging Art. 227-6 -. (L. October 27, 1864) -. Valid Anyone who has found begging shall be punished by imprisonment of six days to six months and returned after the expiration of his sentence, the residence it will be referred to the public prosecutor -. C. Penicillin. 26 et seq., 234, 235 et seq.

Art. , All beggars even invalids who have used threats or be entered without permission of the owner or members of his household, or in an inhabited house or in a pen - 227-7 -. (L. October 27, 1864). in dependent or feign wounds or disability, or who will beg in a meeting, unless it be the husband and wife, father or mother and young children, the blind and the driver, shall be punished by imprisonment of three months to a year -. C.Penicillin. 26 et seq., 224 et seq., 235.

IV. BEGGARS AND COMMON PROVISIONS VAGABONDS Art. 227-8 -. All beggar or tramp who has received disguised in some way -. C. Penicillin. 228 et seq., 233.

Or carrying weapons, although it has not used or threatened -. C. Penicillin. 77.

Or having limes, hooks, or other instruments, own, or to commit theft or other crime, or to procure the means to enter houses, shall be punished by one to three years of imprisonment -. C . Penicillin. 26 et seq., 31, 234, 238.

Art. 227-9 -. All beggar or vagabond, to be exercised any act of violence whatsoever to persons, shall be punished by imprisonment, without prejudice to more severe penalties, if any, in respect of gender and circumstances of violence -. C. Penicillin. 7-5 째, 20, 23, 31, 33, 238.

Art. 227-10. - The penalties established by this Code, against individuals carrying fake certificates, fake passports and fake roadmaps, will continue in their case, brought up, when they are applied to vagrants or beggars. - C. Penicillin. 26 et seq., 31, 115-123, 239.

Art. 227-11 -. Valid Vagrants and beggars who have suffered the penalties provided in the preceding articles will remain in the residence that has been assigned to them under the surveillance of the police state as long as they justify any livelihood or guarantee -. C. Penicillin. 31, 34.

Art. 227-12 -. Invalid beggars remain at the end of both, under the special surveillance of the state police, one year to three years.

SECTION V - CRIMES COMMITTED BY THE WAY WRITTEN. IMAGES OR PRINTS DISTRIBUTED WITHOUT NAME AUTHOR OR PRINTER WRITER Art. 228 -. Any publication or distribution of books, writings, reviews, newsletters, posters, newspapers, periodicals or other printed sheets, in which will not be found the true indication of name, occupation or residence of the author or printer, will, for that reason alone, be punished with imprisonment of six days to six months, against any person who knowingly contributed to the publication or distribution -.

C. Penicillin. 26 et seq., 229.

Art. 229 -. This provision will be reduced to terms of simple font -. C. Penicillin. 230, 231, 233, 234, 382, 394-10 °, 396-3 °.

1. Due criers, displays, vendors or distributors who have made known the person from whom they hold the printed word; 2. In the same context of the printer which has informed the author.

Art. 230 -. If the printed word contains some provocation in crimes or offenses, criers displays, dealers and distributors will be punished as accomplices provocative unless they have informed them that they take writing containing provocation . - C. Penicillin. 44 et seq., 229, 321, 234.

In case of revelation, they will incur a sentence of six days to three months, and the sentence of complicity remain applicable to those who have made the point about the people they have been written and printed the printer if known -. C. Penicillin. 44 et seq, 228, 229-3 °.

Art. 231. - In all the above cases, there will be confiscation of the seized copies -. C. Penicillin. 10, 136.

Art. 232 -. Any introduction, exhibition or distribution of songs, pamphlets, books, figures or pictures contrary to good morals, shall be punished with imprisonment of one month to one year, and the confiscation of plates and printed or engraved copies songs, figures or other objects of the offense -.

C. Penicillin. 10, 26 et seq., 36, 136, 233, 234, 278 et seq., 396-3 °.

Art. 233 -. The sentence will be reduced to just a single font -. C. Penicillin. 229, 234, 283, 394-10 °.

1. Due criers, vendors, or distributors who have made known the person who gave them the object of the offense; 2. With respect to whoever made known to the printer or recorder; 3. At the same against the printer or engraver who have communicated the author or the person who will be responsible for printing or engraving.

Art. . 234 - In all cases expressed in this section, and where the author is known, it will suffer the maximum penalty attached to the kind of crime -. C. Penicillin. 9-3, 36, 91 et seq.

SPECIAL PROVISION Art. 235 -. Everyone who, without being authorized by the magistrate, make the job of town crier or display of printed works, drawings and engravings, even provided the names of author, printer, designer and writer, will be punished imprisonment of six days to two months -. C. Penicillin. 229 et seq., 233.

SECTION VI - ASSOCIATION MEETINGS OR ILLEGAL Art. 236 -. No association of more than twenty people, which will aim to meet every day or some days marked to deal with religious artifacts, literary, political or other may be formed with the acceptable to the Government, and under the conditions it pleases the public authority to impose on society -.

C. Penicillin. 227 et seq.

In the number of persons indicated in this article, are not included those residing in the house or association meets -. C. civ. 91 et seq.

Art. 237 -. Any association of more than twenty people, the nature of the above expressed, which will be formed without permission, or who, after having obtained has violated the conditions it imposed, shall be dissolved.

Leaders, managers, or directors of the association, will be further punished by a fine of sixteen to forty-eight gourds gourds -. C. Penicillin. 10, 36, 37 et seq.

Art. 238 -. If by speech, exhortations, prayers or invocations, in any language or by reading, poster, publication or distribution of any written, it was done in these meetings, some provocation in crimes or offenses the penalty is three months to one year imprisonment, against the leaders, managers and directors of these organizations, without prejudice to more severe penalties which are imposed by law against them personally guilty of provocation individuals, which in no cases, can not be punished by less than that imposed on the leaders, managers and directors of the association barely -. C. Penicillin. 26 et seq., 44 et seq.

Art. 239 -. Any person who has given or made use of his house or apartment, in whole or in part, for the meeting of members of an association, unauthorized intervention, more than twenty people and nature from that expressed in art. 236 bis shall be punished by a fine of sixteen to forty gourds gourds -.

C. Penicillin. 10, 16.

TITLE II - CRIMES AGAINST INDIVIDUALS CHAPTER I - CRIMES AGAINST PERSONS SECTION I - CAPITAL MURDER AND OTHER CRIMES THREATS OF ATTACKS ON PEOPLE I. MURDER, MURDER, PARRICIDE, INFANTICIDE, POISONING Art. 240 -. Homicide committed willfully is capital murder -. C. Penicillin. 241 et seq., 249, 264, 266 et seq., 272, 273.

Art. 241 -. Any premeditated murder or felonious qualified murder -. C. Penicillin. 240, 242-244 et seq., 247, 249, 250 et seq., 256, 266.

Art. 242 -. Premeditation is formed for the purpose, before the action of attacking the person of a certain individual, or even one that will be found or met, though this plan would be dependent on any circumstances or in any provided -. C. Penicillin. 241, 250, 255, 256.

Art. 243 -. The ambush is to wait more or less time, in one or several places, an individual either to kill him or her to carry out acts of violence -. C. Penicillin. 141, 155, 256.

Art. 244 -. Is qualified parricide, murder of father or mother legitimate or illegitimate, or any other natural or legitimate ascendant -. C. Penicillin. 6, 63, 241, 247, 268.

Art. 245 -. Qualified Is infanticide, the killing of a newborn child -. C. Penicillin. 240, 247.

Art. 246 -. Is qualified poisoning while attack a person's life through the effect of substances that can cause death more or less quickly in any way that these substances have been used or administered, and whatever were the suites -. C. Penicillin. 240, 247, 262, 263, 334, 372.

Also qualified to attack a person's life by poisoning, use made against it without substances that cause death, have produced a more or less prolonged lethargic state in any way that these substances have been used and whatever were the suites.

If, as a result of this lethargy, the person was buried, the attack will be called murder -. C. Penicillin. 241 and following. And mod. Act 27 Oct. 1864.

Art. 247 -. Anyone guilty of murder, parricide, infanticide or poisoning shall be punished by penal servitude

for life. (As amended by the Decree of 4 July 1988) -. C. Penicillin., 7-1 째, 12, 241, 244, 245, 246, 258.

Art. 248 -. Shall be punished as guilty of murder, all criminals, regardless of their name, which, for the execution of their crimes, use of torture, or commit acts of barbarism -. C. Penicillin. 7-1, 241, 247, 291.

Art. 249 - The murder carry the penalty to life imprisonment. (As amended by the Decree of 4 July 1988), when it will be preceded, accompanied or followed another crime or offense.

In any case, the guilty of murder shall be punished with hard labor for life -. C. Penicillin. 7-2 째, 15, 16, 17.

II. THREATS Art. 250 -. Whoever threatened by anonymous written or signed, assassination, poisoning, or any other attack against the people who would be punishable by imprisonment with hard labor, shall be punished with hard labor in time where the threat was made with order to deposit a sum of money in a specified, place or fulfill any other condition -. C. Penicillin. 7, 15, 17, 19 et seq., 33, 240 et seq., 251 et seq., 258, 259.

Art. 251 -. If this threat has not been accompanied by any order or condition, the penalty shall be imprisonment for at least one year, and more than three years -. C. Penicillin. 9, 26 et seq., 36, 250, 252, 253, 258.

Art. 252 -. If the threat made with or conditional order was verbal, the offender shall be punished with imprisonment of three months to a year -. C. Penicillin. 9, 26 et seq., 36, 251, 253.

Art. 253 -. In the cases mentioned in the two preceding articles, the culprit may be more by the judgment under special surveillance of the state police for at least three years and nine years. - C. Penicillin. 31, 34, 58.

SECTION II - INJURY AND VOLUNTARY NON QUALIFIED MURDER, AND OTHER CRIMES AND CRIMES VOLUNTEERS

COUPS

Art. 254 -. Everyone who willfully injures or be struck or committed any violence or assault, it has caused these kinds of violent illness or incapacity of more than twenty days, shall be punished imprisonment of one to three years -. C. Penicillin. 7-6 째, 17 et seq., 20, 255 et seq., 266.

If the violence expressed above have resulted in mutilation, amputation, or loss of use of a limb, blindness, loss of an eye, or other permanent disability, the offender shall be punished with imprisonment .

If the blows or injuries voluntarily made, but without intent to kill, have yet born occasion, the offender shall be punished with hard labor. And mod. by the Act of February 16 1927.

Art. . 255 - When there was premeditation or ambush, the penalty shall be, if death ensued, that of penal servitude for life, if the violence caused mutilation, amputation, or deprivation the use of a limb, blindness, loss of an eye or other permanent disability, the punishment will be hard labor, as provided by the first paragraph of art. 254, the penalty shall be imprisonment -. C. Penicillin. 7-3 째, 15, 18, 19, 33, 242, 243, 254, 256, 258. And mod. by the Act of February 16 1927.

Art. 256 -. When injuries or strokes which will be resulted from bruises, will not cause any illness or incapacity for work of the kind mentioned in section 254, the offender shall be punished by imprisonment for one month one year -. C. Penicillin. 10-9, 26 et seq., 36, 254.

If shots are likely to face, the offender shall be punished with imprisonment from six months to two years.

If there was premeditation or ambush, imprisonment will, in the first case, three months and three years, and in the second case, from one to three years -. C. Penicillin. 242, 243, 255, 258, 260. And mod. by the law of 25 July 1878.

Art. . 257 - In the cases provided for in Articles 154, 255, 312 and 256, if the offender committed the crime to his father or mother legitimate or illegitimate, or other natural or legitimate ascendant he will be punished as follows: - C. civ. 302, 305, 314 ff -. C. Penicillin. 7-4 °, 19, 20, 23.

If the item which will refer the case to say imprisonment, the offender shall suffer the penalty of imprisonment: - C. Penicillin. 7-5 °, 19, 20, 23.

If the item sentencing in prison, he will suffer those of hard labor -. C. Penicillin. 7-3 °, 15, 16, 18, 19, 31.

If the item sentencing of hard labor, he will suffer hard labor for life - C.. Penicillin. 7-2 °, 15, 17.

Art. 258 -. Crimes and offenses specified in this section and in the previous section, if committed in seditious meeting with rebellions or looting, are attributable to the leaders, authors, instigators and provocateurs of these meetings, rebellions or looting , who will be punished as guilty of these crimes and these crimes and co-sentenced to the same penalties as those who have personally committed -.

C. Penicillin. 73, 170 et seq., 361 et seq.

Art. 259 -. Anyone who produces, introduced or debited stilettos, blunderbusses or a few species that either prohibited by law or regulations of government weapons, shall be punished with imprisonment of six days to six month -. C. Penicillin. 26 et seq.

Whoever is carrying weapons, shall be punished by a fine of sixteen to forty-eight gourds gourds -.

C.Penicillin. 10, 16.

In both cases, the weapons will be confiscated -. C. Penicillin. 10.

All without prejudice to any more severe penalty, if NECESSARY in case of complicity in a crime -.

C.Penicillin. 1, 2, 43, 44 et seq.

Art. 260 -. Besides correctional penalties mentioned in previous articles, the courts may decide the dismissal without special surveillance of the state police in the past year up to 5 years -. C. Penicillin. 31, 34, 256, 258, 259.

Art. 261 -. Anyone guilty of the crime of castration, suffer the penalty of hard labor for life. (As amended by the Decree of 4 July 1988) -. C. Penicillin. 7-2 °, 15, 17, 270, 271.

If the death ensued before the expiration of the forty days that have followed the crime, the offender shall suffer the penalty of hard labor for life. (As amended by the Decree of 4 July 1988) -. Inst. crim. 308-2 ° -.

C.Penicillin. 7-1 °, 12 et seq., 22.

Art. 262 -. Whoever, by food, beverages, drugs, violence, or by any other means, will procure the miscarriage of a pregnant woman, whether she had consented or not, shall be punished by imprisonment -.

C. Penicillin. 7-5 °, 17, 20, 33.

The same penalty shall be imposed against the woman who will be procured abortion itself, or be willing to make use of the means indicated or given to it for this purpose, if abortion is up.

Physicians, surgeons and other medical officers and pharmacists who have indicated or administered these means will be sentenced to hard labor for time, in the case where abortion took place -. C. Penicillin. 7-3 °, 15, 18, 19, 33, 122.

Art. 263 -. Whoever sold or debited adulterated liquor containing unhealthy mixtions, shall be punished with imprisonment of six days a year -. C. Penicillin. 9-1 °, 26 et seq., 36, 262, 304-5 °.

Be seized and confiscated, the falsified drinks found to belong to the seller or retailer -. C. Penicillin. 10, 136.

SECTION III - HOMICIDE, AND INJURY COUPS INVOLUNTARY: EXCUSABLE CRIMES AND WHERE THEY CAN BE REGRETS; HOMICIDE, COUPS INJURY THAT ARE NOT CRIMES OR OFFENSES I. HOMICIDE, AND INJURY COUPS INVOLUNTARY Art. 264 -. Whoever, by mistake, carelessness, negligence or failure to comply with regulations, commits an involuntary homicide, or have unwittingly been the cause, shall be punished by imprisonment of one month to one year and a fine of thirty-two gourds ninety-six gourds -. C. Penicillin. 9-1 째, 10, 20 et seq., 36, 240, 265, 266 et seq., 272, 273.

Art. 265 -. If a result of default or address precaution injuries or beatings, imprisonment is six days to two months, and the fine will be sixteen to twenty-four gourds gourds. - C. Penicillin. 9-1 째, 10, 34 et seq., 36, 274.

II. CRIMES, CRIMES EXCUSABLE AND WHERE THEY CAN BE REGRETS Art. 266 -.'s Murder, as well as injuries and beating are excusable if they were caused by severe blows or violence against people -. Inst. crim. 272, 277, 279 -. C. Penicillin. 49, 241, 254 et seq., 267 et seq., 310.

Art. 267 -. The crimes mentioned in the preceding article, are excusable if they were committed by pushing during the day, climbing or breaking of closed walls or entered a home or apartment inhabited, or their dependencies -. C. Penicillin. 266, 275, 276 et seq.

If that happened during the night, the case is governed by Article 274.

Art. 268 -. The parricide is never excusable -. C. Penicillin. 244, 247.

Art. 269 -.'s Murder committed by the spouse of a spouse is not excusable if the life of the spouse who committed the murder has not been compromised at the same time the murder took place -.

C. Penicillin. 240, 266.

However, in the case of adultery under Article 284, the murder committed by a husband on his wife, as well as an accomplice, or one of them at the moment he caught in the crime in the marital home, is excusable -.

C.civ. 95, 216, 294. ff -. Inst. crim. 31 -. C. Penicillin. 336-339.

Art. 270 -. Crime castration if it was immediately caused by a violent outrage of modesty, be considered murder or excusable injury -. C. Penicillin. 261, 266, 271.

Art. 271 -. Where their excuses will be shown -. Inst. crim. 299.

If it is a felony carrying a sentence of penal servitude for life (as amended by the Decree of 4 July 1988), the penalty will be reduced to a term of two months to two years -. C. Penicillin. 25 and following.

If it is any other crime, it will be reduced to a term of imprisonment of one month to one year; In the first two cases, the culprits will be more by the judgment or the judgment under special surveillance of the State Police, for at least three years and nine years at most -. C. Penicillin. 31, 34.

If it is a misdemeanor, the penalty is reduced to imprisonment of six days to six months.

III. HOMICIDE, AND INJURY COUPS NOT QUALIFIED CRIME CRIME

Art. 272 -. There is no crime or offense, when the homicide, injuries and blows were ordered by law and ordered by legitimate authority -. C. Penicillin. 48, 240, 254, 264, 273, 274.

Art. 273 -. There is no crime or offense, when the homicide, injuries and blows were ordered by the actual necessity of legitimate defense of oneself or others -. C. Penicillin. 240, 264, 273, 274.

Art. . 274 - Included in case of actual necessity defense, the following two cases: 1. If the homicide was committed, if the injuries were made, or if the blows were pushing at night, climbing or breaking of enclosures, walls or entrance of a house or a inhabited apartment, or their dependencies, C.Penicillin. 267.

2. If the event occurred in defending against the perpetrators of theft or looting carried out with violence . C.Penicillin. 327, 361.

Art. , Is deemed inhabited house, building, housing, houses, hut even mobile, which, while not currently inhabited, is intended for habitation, and all that depends on it, as being, farmyards, stables, - 275. buildings will be locked, regardless of the use, and even if they have a particular fence or fence in the general pregnant.

Art. 276 -. Qualified burglary East while forcing, breaking, deterioration, demolition, removal of walls, roofs, floors, doors, windows, locks, padlocks, or other implements or instruments used to close or prevent the passage, and all kinds of Closing whatsoever -. C. Penicillin. 274, 276.

Art. 277 -. Is qualified climbing, any entry in homes, buildings, yards, backyards, any buildings, gardens, parks and paddocks, executed over the walls, doors, roofs or other closing -. C. Penicillin. 267, 274, 275, 327, 330.

SECTION IV - ATTACKS IN MORALS Art. 278 -. Anyone who commits an outrage public decency, shall be punished by imprisonment of three months to one year and a fine of sixteen to forty-eight gourds gour-of -. C. Penicillin. 9, 10, 26 et seq., 36, 232, 280 et seq., 396-3 째.

Art. 279 -. Whoever commits the crime of rape, or be guilty of any indecent assault, or attempted with violence against individuals of either sex shall be punished by imprisonment -. C. civ. 311 -.

C. Penicillin. 18, 20, 2l, 23, 31.

Art. 280 -. If the crime was committed against a child under the age of fifteen years of age, the offender shall suffer the penalty of hard labor -. C. Penicillin. 7-3 째, 18, 19, 21, 31, 281, 383.

Art. 281 -. The penalty shall be penal servitude for life, if the culprits are the class of those who have authority over the person to whom they committed the attack, if his teachers or his hired servants, or they are civil servants or ministers of religion, or the culprit, however it was assisted in his crime by one or more persons -. C. Penicillin. 7-2 째, 17, 18, 23, 31, 282, 283.

If death ensued, the offender shall be punished by death.

Art. 282 -. Whoever attempted morals, exciting, encouraging or facilitating usually debauchery or corruption of youth, one or the other sex under the age of twenty-one years, shall be punished with imprisonment of six months to two years -. C. civ. 309 -. C. Penicillin. 9-1 째, 26 et seq., 36, 283.

If prostitution or corruption was excited, encouraged or facilitated by their parent, guardian or other person responsible for their supervision, the penalty is a year to three years in prison -. C. Penicillin. 257, 281, 283.

Art. . 283 - The perpetrators of the crime mentioned in the preceding article shall be prohibited in any guardianship and any participation in family councils, namely: individuals covered by the first paragraph of this section, for at least two years and five years at most, and those spoken of in the second paragraph for

at least ten years and twenty years more - C.. civ. 355, 356 -. C. Penicillin. 28-5 째.

If the offense was committed by the father or mother is guilty of more deprived of the rights and benefits granted to him on the person and property of the child, the Civil Code and the Act of October 8, 1982 giving a new status of married women -. C. Penicillin. 257.

In all cases, the culprits will be more by the judgment under special surveillance of the state police, watching for the duration of the surveillance, which has been established for the duration of the prohibition mentioned in this article -. C. Penicillin. 31, 34.

Art. . 284 - Adultery of the wife can not be terminated by the husband: This applies even stop, if in the case provided for in Article 287 - C.. civ. 215, 216, 286 -. C. Penicillin. 269, 285-187, 303.

Art. The woman convicted of adultery will suffer the penalty of imprisonment for at least three months and up to two years - - 285.. C. Penicillin. 26 et seq., 269, 284, 286. 287.

The husband will remain the master to stop the effect of the sentence by agreeing to take his wife.

Art. 286 -.'s Accomplice the adulteress shall be punished by imprisonment for the same space of time -.

C.Penicillin. 9-1 째, 26 et seq., 36, 44 et seq.

The only evidence that can be admitted against the accused of complicity will, in addition to the act, the resulting letters or other written by the accused rooms -. Inst. crim. 31 -. C. Penicillin. 260, 284.

Art. 287 -., The husband who has maintained a concubine in the conjugal home and having been convinced on the complaint of his wife, shall be punished by a fine of one hundred to four hundred gourdes gourdes -. C. civ.95, 216 -. C. Penicillin. 269, 284 et seq.

Art 288 -. Whoever being engaged in the bonds of marriage, has undertaken another before the dissolution of the former, will be punished with the penalty of hard labor -. C. civ. 128, 135, 174 ff, 213 -..

C. Penicillin. 7-3 째, 15, 18, 23, 31.

The public officer who has lent his ministry to the marriage, knowing the previous year, will be sentenced to the same penalty.

SECTION V - ILLEGAL ARRESTS AND abduction of persons Art. 289 -. Shall be punished by imprisonment of one to five years, those who, without order of the established authorities or where the law requires to enter defendants have been arrested, detained or abducted any people. - C. Penicillin. 7-3 째, 15, 18, 19, 28.

Whoever loaned a place to run the detention or confinement, suffer the same penalty -. Const. 1889, art. 14 - Pr. Civ. 688 -. Inst. crim. 450 ff -. C. Penicillin. 89, 91.

If detention or confinement lasted more than a month the penalty shall be imprisonment -. C. Penicillin. 15, 18, 20, 21, 291 et seq.

Art. 290 -. The penalty will be reduced to a term of imprisonment of one month to one year if convicted of the offenses mentioned in Article 289 have not yet been pursued, have restored freedom to the person arrested, kidnapped or detained before accomplished since the tenth day of the arrest, detention or confinement. They can however be returned under the special supervision of the high state police last year to three years -. C.Penicillin. 26 et seq. 28, 36.

Art. 291 -. If the arrest was carried out with fake costume, under a false name, or under a false order of public authority, the offender shall be punished with hard labor -. C. Penicillin. 217, 218.

Art. 292 -. If arrested, detained or abducted, was threatened with death, the offender shall be punished with penal servitude for life.

Art. . 293 - If it has been subjected to physical torture, the offender shall be punished with penal servitude for life, and if death ensued, he shall be punished by penal servitude for life (as amended by the Decree of 4 July 1988) -. C. Penicillin. 7-1 째, 12, 248, 289 et seq.

SECTION VI - CRIMES INTENDED TO PREVENT OR DESTROY THE EVIDENCE OF MARITAL STATUS OF A CHILD OR UNDERMINE ITS EXISTENCE, REMOVAL OF MINORS VIOLATIONS LAWS BURIALS I. CRIMES AGAINST CHILDREN Art. 294 -. Perpetrators of kidnapping, concealed, or removing a child, substitution of one child to another, or assumption of a child to a woman who has not given birth shall be punished with imprisonment . C. Penicillin.17, 20, 31, 33.

The same penalty will be against those who are responsible for a child, the points represent people who have the right to claim -. C. civ, 57, 330, 331, 361 -. C. Penicillin. 279 et seq., 295, 300.

Art. 295 -. Anyone who has attended a birth, has not made the statement to her prescribed by Article shall be punished by imprisonment for six days a month -. C. Penicillin. 9-1 째 2 et seq., 36, 296 et seq.

Art. 296 -. Anyone having found a newborn will not have returned to the state registrar, as required by Article 57 of the Civil Code shall be punished by the penalty provided in the preceding Article -.

C. Penicillin. 9, 10, 26 et seq., 36.

This provision is not applicable to those who have consented to take charge of the child, and would have made his statement in this regard before the magistrate of the place where the child was found.

Art. , Those who have carried or led and abandoned in a house a child below the age of five years of age, who have been entrusted to their care they prissent, or any other cause - 297. shall be punished imprisonment from six weeks to six months -. C. civ. 189 -. C. Penicillin. 9, 10, 26 and sui v. 36, 294 et seq.

However, no penalty shall be imposed if they were not required or were not obliged to provide free food and the maintenance of the child, and if nobody had provided.

Art. 298 - Those who are exposed and abandoned in a lonely place a child under the age of five years old;.

Those who gave the order to expose as if the order was executed, for this will alone, sentenced to imprisonment for six months to two years -. C. civ. 57 -. C. Penicillin. 9-10, 26 et seq., 36, 294, 297.

The sentence above is one year to three years against the or guardians, teachers or teachers of children exposed or neglected by them or their order -. C. civ. 300, 331, 361 -. C. Penicillin. 9-10, 26 et seq., 30, 209, 297.

If as a result of exposure and neglect the child remained maimed or crippled, the action will be considered volunteers her wounds made by the person who was exposed and helpless, and if death ensued the action will be considered murder: the first case, the guilty will suffer the penalty for intentional injury, and second, that the murder - C.. Penicillin. 7-20, 30-40, 240, 249, 254 et seq.

Art. 299 -. Those who are exposed and abandoned in a lonely place not a child below the age of five years of age, shall be punished with imprisonment of three months to a year -. C. Penicillin. 9, 26 et seq., 36, 299.

The offense under this section shall be punished by imprisonment of six months to two years, if committed by or guardians, teachers or teachers of the child -. C. Penicillin. 9, 26 et seq, 36, 298.

II. REMOVAL OF MINORS

Art. 300 -. Whoever by fraud or violence, abducted or kidnapped minors, or be trained, diverted or moved, or will actually lead, or move away from where they were placed by those in authority or direction they were submitted or entrusted, shall suffer the penalty of imprisonment -. C. Penicillin. 17, 20, 23, 33, 279 ff, 294.

Art. 301 -. If the person abducted or abused a girl below the age of fifteen, the punishment will be hard labor -. C. civ. 311 -. C. Penicillin. 7-30, 15, 18, 19, 31, 280, 281, 300, 302, 303.

Art. 302 -. When the girl under fifteen years have consented to its removal, or voluntarily followed the kidnapper, if it was an adult twenty-one years or above, he shall be sentenced to hard labor . - C. civ. 311 -.

C. Penicillin.7-30, 15, 18, 19, 31.

If the abductor had not yet twenty-one years, he shall be punished by imprisonment of one to three years -.

C.Penicillin. 26 et seq.

Art. 303 -. If the abductor had married the girl he kidnapped, he can not be prosecuted on the complaint of the people, according to the Civil Code, have the right to request the annulment of the marriage or sentenced after the nullity of marriage has been declared -. C. civ. 148, 170, 311 -. C. Penicillin. 284, 300 et seq.

III. INFRINGEMENT OF LAWS BURIALS Art. . 304 - Those who, without the prior authorization of the public officer, in the case where it is required, that will bury a deceased person, shall be punished by six days to two months' imprisonment, without prejudice to the continuation of crimes whose perpetrators of this crime could be prevented in this circumstance -. C. civ.76 ff -. C. Penicillin. 9-10, 26 et seq., 36, 305, 306.

The same penalty will be against those who contravene in any manner whatsoever with the law and regulations relating to the aforementioned burials.

Art. 305 -. Whoever harbored or concealed the body of a person homicide, or died of wounds or blows, shall be punished with imprisonment of six months to two years, without prejudice to more severe penalties, if he participated Crime -. C. Penicillin. 9-10, 26 et seq., 36, 47, 61, 206, 325, 381.

Art. 306 - shall be punished with imprisonment of three months to a year, whoever is guilty of violation of tombs or graves;.. Without prejudice to the penalties against crimes or offenses that would be attached to it - C.Penicillin. 9-10, 26 et seq., 36, 304, 305.

SECTION VII - FALSE TESTIMONY, DEFAMATION, INSULTS, REVELATIONS OF SECRETS I. FALSE TESTIMONY Art. 307 -. Whoever is guilty of perjury in criminal or against the defendant or on his behalf, shall be punished with hard labor -. Inst. Crim 251 -. C. Penicillin. 7-30, 15, 18, 19, 31, 308 et seq.

However, if the accused was sentenced to a stronger than hard labor, false witness who testified against him suffer the same penalty trouble -. C. Penicillin. 7.

Art. 308 -. Whoever is guilty of perjury in correctional or police, or against the defendant or on his behalf, shall be punished by imprisonment -. Inst. crim. 137, 155, 165, 166 -. C. Penicillin. 18, 20, 31, 307.

Art. 309 -.'s Guilty of perjury in civil cases shall be punished by imprisonment -. C. civ. 116, 223 -.

C. Penicillin.9-10, 261.

Art. 310 -. A false witness in corrections, police, or civilian, who has received money, a reward of any kind, or promises, shall be punished with hard labor - Pr. Civ. 263.

In all cases, a false witness that has received will be forfeited -. C. Penicillin. 10, 137.

Art. 311 -.'s Guilty of witness tampering will be sentenced to the same penalty as a false witness.

Art. 312 -. One to whom the oath has been or referred in civil matters, and which has made a false oath, shall be punished by deprivation of civil rights -. C. civ. 144, 1152, Prof. Civ. 126, 127 -. C. Penicillin. 8-10, 18, 23 309.

II. Defamation, slander, libel, SECRETS REVEALED Art. 313 -. Sera guilty of defamation, who, whether in public places or meetings, or in an authentic and public act, either in writing or not printed that has been displayed, sold, or distributed, be attributed to a any individual facts that affect the honor and consideration.

This provision is not applicable to the facts which the law allows advertising, or those that the author of the imputation was the nature of his functions or duties required to reveal or suppress -. Inst. crim. 19 ff -.

C.Penicillin. 31.

Art. . 314 - The author of the imputation will not be admitted, in his defense, to request that the evidence be made: it can not be alleged as a way of apology, that parts or the facts are known, or charges which give rise to the prosecution, is copied or extracted from foreign papers, or other printed literature -.

C. Penicillin. 315 et seq., 390-100.

Art. 315 -.'s Libel committed by means of foreign papers, may be pursued against those who sent items or ordered insert -. C. Penicillin. 314.

Art. . 316 - (D. June 13, 1950) The slanderer shall be liable to the following penalties: If the alleged offense is such as to deserve the death penalty or to life imprisonment, the offender shall be punished with imprisonment of one to three years and a fine from three hundred to 1500 gourdes.

In all other cases, imprisonment is six months to one year and a fine of one hundred to five hundred gourdes -. C. Penicillin. 9-10, 26 ff., 36.

Art. 317 -. When the facts charged be punishable by law, and that the author of the allocation will be reported, it will, during the investigation of the facts, stay the prosecution and trial of criminal defamation.

Art. 318 -. Has made writing a false accusation against one or more individuals to the officers of justice and police Whoever shall be punished by imprisonment of one month to one year -. C. civ. 588-2 째 -. Inst. Crim, 21, 290, 291 -. C. Penicillin. 9-1 째, 26 et seq., 36.

Art. 319 -. In all cases, the slanderer be in the day when he will have served his sentence, banned for at least five years and up to ten years, the rights mentioned in Article 29 of this Code.

Art. 320 -. (D. June 13, 1950) -. As for insulting or offensive expressions which would contain an allegation of specific facts, but of a particular vice, if they were uttered in public places or meetings or inserted in printed or unwritten, which have been widely distributed and the penalty shall be imprisonment from one month to one year and a fine of one hundred to five hundred gourdes -. C. Penicillin. 9-10, 36, 382.

Art. 321 -. All other insults or offensive expressions that have not had that dual nature of gravity and advertising will give rise only to penalties for petty offenses -. Inst. crim 124 ff -. C. Penicillin. 1, 283 et seq.

Art. 322 -. Due imputations and insults which are contained in the writings relating to the defense of the parties, or pleas, judges in the dispute may, in finding the cause, or order the removal of abuse or abusive

or written orders to make perpetrators of the crime, or suspend them, and decide on damages.

The period of suspension shall not exceed six months for a second offense, it will be at least one year and three years.

If insults or offensive writings bear the serious nature of defamation, and that the judges in the challenge can not know the offense, they can not pronounce, against the defendants, a temporary suspension of their functions and will return for judgment the crime before the competent courts.

Art. 323 -. Physicians, surgeons, and other medical officers and pharmacists, midwives and all other persons who, by profession or status, secrets entrusted to them, that except in the case where the law requires them to be whistleblowers have revealed these secrets, shall be punished by imprisonment of one month to one year -. C. Penicillin. 9-10, 26 et seq., 52, 59, 148. *****

Extract of Decree-Law on the Press March 31, 1980 Art. 21 -.'s Right to express his thoughts and to inform the public of any material is entirely free.

Except: a) a state of declared war b) application of the prohibitions prescribed by law.

Art. . 22 - It is forbidden to the press: 1) publish, reproduce, broadcast, televise, transmit cinĂŠmatographier and acts of criminal procedure before their meaning or reading at the public hearing.

2) to account for the internal deliberations of the jury, the Courts, the debates held in camera as well as divorce proceedings, legal separation, paternity suit, and defamation.

3) open and publicly announce subscriptions for the payment of judgments in criminal and misdemeanor.

4) publish and disseminate the secrets of parliamentary commission as well as those of national defense investigation.

5) directly or indirectly receive funds and grants from foreign governments.

Art. 23 -. The manager responsible for the publication shall be inserted in the next issue of the newspaper or periodical and in the same place all corrections made to it by a custodian or agent of the authority concerning the acts of its function reported by said inaccurately, denaturation.

Art. 24 -. Shall be taken to include free and full in the next issue, in the same place and the same characters written responses offending any person appointed or designated.

However, when individual responses exceed twice the writings that have caused any surplus will be paid at the current price of advertising.

Art. 25 -.'s Offensive and insulting about uttered by the airwaves and television are public insults.

Art. 26 -. When inaccurate remarks and defamatory or offensive accusations that lead to corrections or answers have been issued by the airwaves and television, these corrections and answers will be published in the same conditions.

Without a newspaper to comply with the request for correction of the injured party, it may lodge an appeal, before the Criminal Court shall order that, if necessary, correct under penalty of a fine of 200 500 gourdes, without prejudice to damages to the plaintiff.

Art. 27 -. Are prohibited newspapers disseminate columns and articles aimed at the defense of qualified crimes or offenses acts, or likely to corrupt the children or young people or encourage traffic and the use of drugs under penalty of a fine of 500 to 1,000 gourdes or imprisonment of one to three months with seizure and destruction of publications.

Art. 28 The insult to the Head of State, the First Lady of the Republic shall be punished by imprisonment of one to three years.

Art. 30 -. Failure to comply with any of the provisions of Articles 22 and 23 of this Act is punishable by a fine of 500 to 5,000 gourdes or imprisonment from 3 months to 12 months.

Art. 31 -. Those who fraudulently obtained and used the identity card journalist will continue to use false quality and liable to a fine of two hundred to five hundred gourdes.

CHAPTER II - CRIMES AGAINST PROPERTY SECTION I - FLIGHT Art. 324 -. Anyone who has embezzled something that does not belong to him, is guilty of theft -.

C. civ. 1087, 1715, 1720, 1721, 2044, 2045 - Pr. Civ. 794 -. C. com. 605 -. C. Penicillin. 24, 274, 326 et seq.

Art. 325 -. Subtraction committed by husbands to the detriment of their wives, a widow or widower, about the things that had belonged to the deceased spouse, for children or other descendants to the detriment of their father or mother or other ascendants to the detriment of their children or other descendants, or allies to the same degrees may only give rise to civil damages -. C. civ. 651, 660, 939, 1168, 1245, 1262 - Pr. Civ. 135, 803-90, 831-80 -. Inst. crim. 205-10 -. C. Penicillin. 49, 382.

In respect of all other individuals who have concealed or applied for their benefit all or part of the stolen items, they will be punished as guilty of theft -. C. Penicillin. 46, 217, 326 et seq.

Art. 326 -. Theft committed by one or more individuals carrying weapons with threatening to use, shall be liable to penal servitude for life -. C. Penicillin. 7-10, 77, 259, 327, 328, 330 -. Thus mod. by the Act of February 161927.

Art. 327 -. Theft committed with climbing, skeleton keys, burglary, or using violence, even when it has left no trace of injury or bruising, shall be punished with hard labor for life. - C. Penicillin. 7-20, 15 ff, 18 ff, 31...

Qualified false keys, all hooks, nightingales, mat, limited keys, forged, altered, or have not been designed by the owner, tenant or landlord, locks, padlocks or any closures that the guilty will be the used -.

C. Penicillin.328.

Art. 328 -. Punished with hard labor thefts at night by two or more people or only one of these circumstances Will, but at the same time in a place inhabited or used for habitation or buildings dedicated to cults legally established in Haiti or on public roads -. C. Penicillin. 7-30, 15, 18, 19, 23. And mod. by the Act of February 161927.

Art. 329 - shall be punishable by imprisonment.: 1. Domestic flights ie thefts by a man or a domestic service wages, even when he has committed theft against people he did not use, but which were either in the house person served is the one in which he accompanied, or a worker, apprentice, or used in the home, workshop or store boss or employer or an individual usually working at home or on housing or it will steal; 2. Thefts by an innkeeper, a hotel, a valet, a boatman or their servants, when they stole all or part of what they were entrusted in that capacity;

When the theft was committed day by a single individual on the public without any of the circumstances set out in Articles 326 and 327 roads, he shall be punished by imprisonment of at least one year and five years.

3. Thefts in the inns and hostelries by people who were received.

However, in the cases provided for by this article when the value of the objects do not exceed 5,000 gourdes, the penalty shall be imprisonment. And mod. L. February 16 1927.

Art. 330 -. Other flights not specified in this section as well as the attempts of these offenses, when the value of the stolen items exceed 300 gourdes, shall be punished by imprisonment of three months to three years.

Is equated with those crimes and subject to the same penalties, attempted theft of this nature that has been manifested by external acts, followed by commencement of execution, if it has not been suspended and did not in fact as independent fortuitous circumstances beyond the control of the author.

Those guilty of theft and attempted theft under this section will be allowed more civil and political rights contained in Article 28 of this Code for at least one year and five years and sent to time under the supervision of the police State.

The culprits will also, throughout the term of imprisonment, employees in public works of the Commune Law of 16 February 1927.

Art. 331 -. Whoever has extorted by force violence or coercion, signature or delivery of a written, deed, title, of any part containing or operating requirement, provision or discharge will punished with hard labor. And mod. L.February 16 1927.

Anyone using the threat, written or verbal, revelations or defamatory, will extorted or attempted to extort or delivery of funds or securities, or signature or delivery of writings listed above, shall be punished imprisonment of one to five years and a fine of 500 to 1,000 gourdes.

Art. 332 -. The valets, boatmen or their employees who have altered the liquids or goods transport given to them and who have committed this change in the mix of harmful substances, shall be punished by imprisonment of one to three years and a fine of one hundred to five hundred gourdes.

If there was no mixture of harmful substances, imprisonment is six months to one year and a fine of fifty to one hundred gourdes -. C. Penicillin. 7-30, 246, 247, 262, 263, 9-10, 26, 28, 36, 394, 50. And mod. L. February 161927.

Art. 333 -. Addition to the penalties set forth above, the guilty of theft will always be sentenced to restitution, and more damages, if any, in accordance with Article 11 of this Code -. C. Penicillin. 28, 36, 38.

SECTION II - bankruptcies, SCAMS AND OTHER SPECIES OF FRAUD I. BANKRUPTCY AND CON Art. . 334 - Those who, as provided by the Code of Commerce, will be convicted of bankruptcy, shall be punished as follows: C. com. 580 et seq., 586 et seq.

Fraudulent bankrupts will be punished with hard labor; C. com. 586, 587 et seq -. C. Penicillin. 7-30, 15, 18,19.

Simple bankrupts will be punished by imprisonment of at least six months and two years at most -.

C. com.580 ff -. C. Penicillin. 9-10, 26 et seq., 28.

Art. 335 -. Those under the Commercial Code, will be declared accomplices of fraudulent bankruptcy, be liable to the same penalties as fraudulent bankrupts -. C. com. 590, 591 -. C. Penicillin. 334.

Art. . 336 - brokers and brokers who have failed, shall be punished with hard labor, if they are convicted of fraudulent bankruptcy, the penalty shall be penal servitude for life - C.. com. . 74 ff, 586 -. C. Penicillin. 720, 15.

Art. 337 -. Whoever, either using false names or false position or using fraudulent practices to persuade the existence of fake companies, power or an imaginary credit, or to give rise to the hope or fear of success, accident and any chimeric event will be made or hand deliver funds, furniture, or obligations, provisions, notes, promises, releases or discharges, and will, by One such means, defrauded or attempted to defraud the whole or part of the fortune of others, shall be punished with imprisonment of at least one year and up to three years -. C. Penicillin. 9-10, 26 et seq., 36.

The culprit may, in addition to the day when he will have served his sentence, be banned for at least three years and more than nine years, the rights mentioned in Article 28 of this Code, all except the penalties more serious crime if false -. C. Penicillin. 107 et seq., 182 et seq.

II. BREACH OF TRUST Art. 338 -. Whoever abused needs, weaknesses or passions of a minor to sign him, to his prejudice, bonds, receipts and discharges for lending money or chattels, or effects trade, or any other binding effect, in any form that bargaining has been made or disguised, shall be punished by imprisonment of at least two months and up to two years -. C. civ. 1168 -. C. Penicillin. 9-10, 26 et seq., 330, 339 et seq.

The range available in the second paragraph of the preceding Article may further be applied -.

C. Penicillin. 28.

Art. 339 -. Whoever abusing a blank check that has been entrusted to him, have fraudulently written above or discharge an obligation, or any act that might endanger the person or property of the signatory, shall be punished by imprisonment -. C . Penicillin. 7-50, 17, 20, 24, 33.

In case the blank check is it would not have been told, he will be prosecuted for forgery and punished as such -. C. Penicillin. 107 et seq., 112 et seq.

Art. 340 -. Whoever diverted or dissipated to the detriment of owners, possessors or holders of effects, money, goods, tickets, receipts or any other written or operating containing obligation or discharge, which were handed to him as a hired loan use, pledge, deposit, money, or an employee or self-employed work, the responsibility to make or representation, or make or use a particular job, shall be punished with the penalties in Article 338.

Is liable to the same penalty provided that destroyed or diverted, tried to destroy or divert seized from him and entrusted to his care or that of a third object.

If the breach of trust punishable under the first paragraph has been committed by a public officer or a servant, a man of service wages, student, clerk, clerk, worker, journeyman or apprentice, to the detriment of his boss or the person with whom he was employed, the penalty shall be a term of one year to five years.

All without prejudice to what is stated in Art. 212, 213 and 214 for the kidnapping and subtraction of money, bills or coins committed in public filings. And mod. by the law of 1 July 1954.

Art. 341 -. Whoever after producing a legal challenge in any capacity, parts or memory, will be removed in any manner whatsoever, shall be punished by a fine of sixteen to sixty-four gourds gourds - Pr. Civ. 190, 192 -. C.Penicillin. 9, 10, 36 38.

III. HOUSES OF GAMBLING, LOTTERIES AND HOUSES READY TO WAGES

Art. 342 -. Those who held a house of gambling and it will welcome the public, either freely or on the presentation of interest or affiliated bankers of the house, those who have established or held lotteries, all administrators , servants or agents of these institutions will be punished by imprisonment of at least two months and six months and a fine of one hundred thousand gourdes gourdes -. C. Penicillin. 9-10, 10, 26 et seq., 36.

The culprits may be more to the day when they will have undergone their punishment, banned for three months at least nine years over the rights mentioned in Article 28 of this Code.

In all cases, all funds will be confiscated or effects that are found exposed to the game or put the lottery, furniture, instruments, utensils, equipment used or intended to operate games or lotteries, furniture and chattels which places will be filled or decorated -. C. Penicillin. 10.

Nevertheless, the President of the Republic may by order authorize the establishment of gambling houses, for the development of tourism in the country or the creation of charitable, educational and other public utility or social.

These orders will prohibit access to these gambling houses to all persons of either sex below the age of 21 made.

Art. 343 -. Those who have established or maintained houses pawn or pledge without lawful authority, or who, having legal authority does not hold a register on, no white or spacing, the money or put objects pledged, shall be punished by imprisonment of at least two weeks, three months, and a fine of one hundred to four hundred gourdes gourdes -. C. Penicillin. 9-10, 10, 25, and following, 36, 386 et seq.

IV. MADE OBSTACLES TO FREEDOM OF AUCTION Art. 344 -. Those in the auction of the property, the usufruct or lease of chattels or real estate, a business, a supply of a farm or any service, have hampered or troubled freedom auction or tenders by assault, violence or threats, either before or during the auction or bidding, shall be punished by imprisonment of at least two weeks and up to three months -. Pr . civ. 546, 617, 853 -. C. Penicillin. 9-10, 26 et seq.

The same penalties will be against those who, through gifts or promises, will spread bidders -.

C. Penicillin. 55, 137 et seq.

V. VIOLATIONS OF TRADE REGULATIONS AND ARTS Art. . 345 - Anyone who has deceived the buyer on the title of the gold or silver content, the quality of rhinestone sold for fine, the nature of any goods, who by use of false weight or false measures, will mistake the amount of things sold, shall be punished by imprisonment for at least three months, one year and a fine not exceeding one quarter of restitution and damages, nor be under twenty-four gourds -. C. civ. 939, 1168 -. C.Penicillin. 9-10, 11, 26. et seq., 36 et seq., 386 et seq.

The objects of the offense, or their value, they still belong to the seller, will be confiscated, and more broken -. C. Penicillin. 10, 340, 398-6 째, 400.

Art. 346 -. If the seller and the buyer are served in their weight or other measures than those established by the laws of the State other markets, the buyer will be deprived of any action against the seller who has deceived by the use of weights or measures prohibited, without prejudice to the prosecution for the punishment, as of this fraud as the same use of weights and measures prohibited.

The penalty for fraud is that worn by the previous article.

The penalty for the use of weights and measures prohibited shall be determined by Act No. 5 of petty offenses.

Art. 347 -. Any edition of writings, musical composition, design, lithography, painting, or any other production, printed or engraved in whole or in part, regardless of the laws and regulations relating to the property of the authors, is a forgery and any forgery is an offense.

Art. 348 -. Insider infringing works, the introduction of the Haitian territory of works which, having been printed in Haiti, have been counterfeited in abroad, are an offense of the same species.

Art. . 349 - The sentence against the infringer or against the introducer, will be amended gourds at least one hundred and four hundred gourdes more, and against the tenant, a fine of at least six gourds and eighty gourdes more .

Confiscation of the counterfeit edition will be issued as against the infringer as against the introducer and the tenant.

The plates, molds, matrices or counterfeit items will be confiscated.

Art. 350 -. Any director, any contractor show any association of artists who will be represented on the theater, dramatic literature, regardless of the laws and regulations relating to the property of the authors, shall be punished by a fine of twenty-four gourds at least eighty gourds at most, and the confiscation of the proceeds.

Art. . 351 - In the cases provided for in the previous four articles, product confiscation, or income confiscated, will be returned to the owner as compensation for all the damage he has suffered: the surplus of its indemnity or full compensation, if there was no sale of confiscated items, or input revenues will be settled through the usual channels.

VI. CRIMES OF SUPPLIERS Art. 352 -. All individuals charged as members of companies or individually, supplies, companies or authorities, on behalf of the army and navy, without being constrained by a force majeure, will miss the service is they are responsible will be punished with the penalty of imprisonment, and a fine which shall not exceed one quarter of the damages, nor be under one hundred gourdes, all without prejudice to more severe penalties in case of intelligence with the enemy -. C. civ. 938, 939 -. C. Penicillin. 7-50, 10, 20, 33, 36, 58 et seq., 353.

Art. 353 -. When termination of service will come as a result of agents, suppliers, agents will be condemned to the penalties provided by the previous article -. C. civ. 1170 -. C. Penicillin. 10.

Suppliers and their agents will be sentenced when the one and the other party to the crime -.

C. Penicillin. 44.

Art. . 354 - If public officers or servants agents or employees of the state, helped the perpetrators to miss the service, they will be punished with the penalty of hard labor, without prejudice to more severe penalties in case of intelligence with the enemy -. C. Penicillin. 7-30, 15, 18, 19, 24, 33, 58.

Art. 355 -. Though the service has not failed, if negligent, supplies and works have been delayed, or if there is fraud on the nature, quality or quantity of work force or hands or things provided, the guilty will be punished by imprisonment of at least six months and up to three years and a fine which shall not exceed one quarter of the damages, nor any twenty-four gourds. - C. civ. 939, 1168 -. C. Penicillin. 9-100, 10, 26 et seq., 36.

In the various cases covered by articles calling this paragraph, the prosecution may only be made on the information of the Government or Public Administration.

SECTION III - DESTRUCTION, DECAY, DAMAGES

Art. 356 -. Whoever willfully set fire to buildings, ships, boats, shops, construction sites, when they are inhabited or used for housing and generally to dwellings or used for habitation, they belong or n do not belong to the perpetrator shall be punished by penal servitude for life. (As amended by the Decree of 4 July 1988).

Shall be punished with the same penalty, whoever intentionally set fire, or cars or wagons containing people, or cars or cars that do not contain people, but part of a convoy that contain them.

Whoever willfully set fire to buildings, ships, boats, shops, construction sites, when they are not inhabited or used for habitation, or forests, woods, thickets or picked up when these objects it not belong, shall be punished with the penalty of forced work in perpetuity.

Whoever, with, or by setting fire to one of the objects listed in the previous paragraph and himself owned, have deliberately caused harm to others, shall be punished with hard labor.

Shall be punished with the same penalty he who fired on the orders of the owner.

Whoever willfully set fire to crops or in a heap or stack, or wood arranged in piles or cubic meter, or cars or wagons loaded or merchandise, or other movables and making the point part of a convoy containing people, if these objects do not belong to it, shall be punished with hard labor.

Whoever endangers or by setting fire to one of the objects listed in the previous paragraph and himself owned, has voluntarily caused any harm to others shall be punished by imprisonment.

Shall be punished with the same penalty he who fired on the orders of the owner.

Anyone who has communicated the fire to one of the objects listed in the previous paragraphs, deliberately setting fire to any one of the objects belonging either to him or to others, and placed so as to communicate the fire said, shall be punished with the same penalty as if he had directly fired one of said objects.

In all cases, if the fire caused the death of one or more persons are in places burned when it broke, the penalty shall be penal servitude for life. (As amended by the Decree of 4 July 1988).

The penalty will be the same, according to the distinctions made in the preceding paragraphs, against those who destroyed by the effect of a mine, buildings or ships -. C. Penicillin. 7 L. July 25, 1878.

Art. 357 -.'s Threat to burn a house or other property will be punishable brought against the threat of assassination, and after distinctions by Articles 250, 251 and 252 -. C. Penicillin. 7-3 °, 102.

Art. 358 -. Whoever willfully destroys or reversed by any means other than those mentioned in Article 356, in whole or in part, of e Buildings, bridges, dams or roads, or other structures that he knew belonged to others shall be punished by imprisonment and a fine not exceeding one quarter of restitution and compensation, nor be under twenty-four gourds -. C. Penicillin. 7-5 °, 10, 17, 20, 36.

If there has been a homicide or injury, the offender shall be in the first case, punishable by hard labor for life (as amended by the Decree of 4 July 1988), and in the second, punishable by hard labor -.

C. Penicillin. 7-1 °, 3 °, 12, 15, 18, 19, 240, 254.

Art. 359 -. Whoever, by assault, to be opposed to making the work authorized by the Government, shall be punished with imprisonment from two months to two years and a fine which may not exceed a quarter of the damage damages, nor be under sixteen gourds -. C. civ. 939, 1168 -. C. Penicillin. 9-1 °, 10, 26 et seq., 36, 382, 383.

The authors will suffer the maximum penalty.

Art. 360 -. Whoever intentionally burned or destroyed in any way, records, minutes, and original acts of public authority, securities, promissory notes, bills of exchange, bills of exchange or bank containing or operating requirement, provision or discharge, shall be punished as follows:

If the parts are destroyed in acts of public authority, or bills of exchange or bank, the penalty shall be imprisonment -. C. civ. 97, 98 -. C. Penicillin. 7-5 °, 10, 15, 19, 20.

If it is any other part, the offender shall be punished with imprisonment of one to three years -.

C. Penicillin. 10, 26 et seq., 36.

Art. 361 -. All looting, any damage of goods or merchandise, effects, personal property, committed by a group or band and open force, shall be punished with forced time work -. C. Penicillin. 7-3 °, 15, 19, 20, 36, 73, 215, 382.

Art. 362 -. If looted or destroyed food are grains, granules or flour, starchy substances, bread, wine, or other drink, suffer the penalty leaders, instigators or provocateurs only be a maximum of hard labor . C. Penicillin.7-3 °, 15, 19, 20, 365 et seq., 370.

Art. 363 -. Whoever, with a corrosive liquor or by any other means, have deliberately spoiled goods or material for the manufacture, shall be punished with imprisonment from two months to two years -.

C. Penicillin. 20 et seq, 9-10 °, 36 -.. C. civ. 939, 1154.

If the offense was committed by a worker in the factory, or by a clerk of the house of commerce, imprisonment is one year to three years.

Art. 364 -. Whoever devastated standing crops or plants from natural or man made of hand, shall be punished by imprisonment of one to three years -. C. Penicillin. 26 et seq., 28.

The guilty will be more by the judgment under the supervision of senior state police, for at least three years and nine years at most -. C. Penicillin. 31, 34.

Art. 365 -. Whoever killed one or more trees he knew belonged to another, shall be punished with imprisonment which may not be less than six days, or over six months, with each tree without the total may not exceed three years -. C. civ. 1168, 1169 -. C. Penicillin. 9-1 °, 10, 26 et seq., 364, 366 et seq.

Art. 366 -. Penalties will be the same in respect of each mutilated tree, cut or peeled in order to destroy him -. C. civ. 1168, 1169 -. C. Penicillin. 9-1 °, 26 et seq., 365, 367, 368.

Art. 367 -. If there was destruction of one or more grafts, imprisonment is six days to two months at each graft, without the whole can exceed two years -. C. Penicillin. 26 et seq., 365, 366, 368, 370.

Art. . 368 - The minimum penalty shall be twenty days as provided by Articles 365 and 366, and ten days in the case provided for in Article 367, if the trees were planted in squares, roads, streets or public-roads, or cross -. C. Penicillin. 9-1 °, 26 et seq., 370.

Art. 369 -. Whoever cut sugar cane, grain or fodder he knew belonged to another, shall be punished with imprisonment which shall not be below six days or below two months. - C. Penicillin. 26 et seq. 370.

Art. 370 -. Imprisonment shall be at least twenty days and four months, he was cut canes or grain green -.

C.Penicillin. 9-1 °, 10, 26 et seq.

Art. 371 -. Any disruption, destruction of agricultural implements, parks cattle, boxes guards, shall be punished by imprisonment of at least one month and one year -. C. Penicillin. 9-1 °, 26 et seq.

Art -. 372 -. Whoever poisoned horses or other animals, car mount or load large menus or livestock, or fish in ponds, rivers and reservoirs shall be punished by imprisonment for one year three and a fine of sixteen years gourds.

The culprits may be, in the judgment under the surveillance of the state police for two years and at least five years -. C. Penicillin. 9-1 °, 10, 24, 26 et seq., 31, 36, 246, 247, 262, 263, 332, 373 et seq. 376.

Art - 373 - Those who unnecessarily have killed one of the animals mentioned in the preceding article shall

be punished as follows..: If the offense was committed in buildings, pens or dependencies, or land which the master of the animal killed was the owner, tenant, or tenant farmer partiaire, the penalty shall be imprisonment of two to six months.

If committed in places where the culprit was the owner, tenant, or tenant farmer, imprisonment is six days to six months.

If committed in any other place, imprisonment shall be fifteen days to six weeks.

The maximum penalty will always be in breach of fence or if the culprit was custodian of the animal killed -.

C.Penicillin. 374. L. July 25, 1878.

Art. 374 -. Whoever unnecessarily killed a pet in a place, including to whom the animal belongs, is the owner, tenant, or tenant farmer partiaire, shall be punished by imprisonment of at least two months and six months at most -. C. civ. 1168, 1169 -. C. Penicillin. 9-1 °, 10, 26 et seq., 48.

If a breach of closing the maximum sentence will be pronounced -. C. Penicillin. 378.

Art. . 375 - Whoever, in whole or in part, filled pits, destroying fences, some materials they are made, cut or torn bright or dry hedges, whoever moved or deleted terminals, corner posts or feet and other trees planted or known to establish the boundaries between different legacies, shall be punished with imprisonment which may be below one month nor more than one year -. C. civ. 1168, 1169 -. C. Penicillin. 9-1 °, 10, and 26,.. Ff, 36, 373 ff, 382.

Art. 376 -. Shall be punishable with a fine which may not exceed a quarter of restitution and damages, nor be under ten gourdes, the owners or lessees or other persons of mills, factories or ponds, which by raising the weir their waters above the height determined by the competent authority, have flooded roads or property of others -. C. civ. 463, 939, 1168 and 1169.

If the result is some damage, the penalty shall be in addition to the fine, imprisonment of six days to one month -. C. Penicillin. 26 et seq., 10, 36, 372.

Art. 377 -. Fire properties securities of others, which has been caused by the obsolescence or failure, either repair or cleaning ovens, chimneys, forges, houses, factories or next, or by fires in the fields to less than a hundred houses, buildings, forests, woods, orchards, groves, hedges, wheels, lots of grains, forages, bagasse or any other combustible material deposition, or by lights or lights mounted and left without adequate care, or by fireworks lit or learned through negligence shall be punished by a fine of thirty-two water bottles at most -. C. civ. 1504, 1503 -. C. Penicillin. 356, 357, 399-9 °.

Art. 378 -. Any owner or keeper of animals or cattle suspected of being infected with contagious disease, which is not advised on the spot, Justice of the Peace in the town where they are located, and, even before the Justice of the Peace has responded to the warning, do not be held confined, shall be punished with imprisonment of six days to two months and a fine of sixteen to forty-eight gourds gourds -. C pén . 9-1 °, 26 seq., 379 et seq.

Art. 379 -. Shall also be punished by imprisonment of two to six months and a fine of twenty to one hundred gourdes gourdes, who, in defiance of the defenses of administration, have left their cattle infected animals or contact with other -. C. Penicillin. 9-1 °, 10, 26 ff., 36, 378, 380, 381.

Art. 380 -. If communication mentioned in the previous article, it has resulted in a contagion among other animals, those who contravene the defenses of the administrative authority shall be punished by imprisonment of one to three years, all without prejudice to the enforcement of laws and regulations on epizootic diseases, and the application of penalties laid -. C. Penicillin. 9-1 °, 10, 26 et seq., 36, 378, 381.

Art. 381 -. If de l icts Correctional Police, which is spoken of in this chapter, were committed by countryside or forest guards or police officers, for any reason whatsoever the sentence will be to at least one month, and one year, in addition to the highest penalty that would be applied to another guilty of the same offense -

. C.Penicillin. 9-1 째, 26 et seq.

SECTION IV - DIVERSION OF AIRCRAFT Article 381 (bis) -. Failure to possess transport tickets, which, using violence or threat of violence, is introduced in an aircraft, in favor of boarding passengers to be transported to any place of landing of the aircraft, or any person on board an aircraft in flight, by violence or threat of violence, seizes the aircraft or exercises control, shall be punished with work forced time, five to ten years.

If a result of such unlawful acts of injury or disease, the punishment will be hard labor, ten to twenty years.

If the result of the death of one or more persons, the penalty shall be penal servitude for life.

GENERAL PROVISION Art. . 382 - Sentences by law against that or those persons found guilty, for which the jury has said mitigating circumstances, be amended as follows: If the sentence is hard labor for life, the court applied that of hard labor or that of imprisonment; If the sentence is that of hard labor, the court applied that of imprisonment or the banishment; If the sentence is that of detention or imprisonment, banishment or loss of civil rights, the court will apply that of imprisonment, but can reduce the duration below one year.

In all cases where the law say the maximum a corporal punishment, if there are extenuating circumstances, the court will apply the minimum sentence or even less effort.

In all cases where the sentence of imprisonment and the fine shall be imposed by the Penal Code, if extenuating circumstances appear, the criminal courts are permitted, even in case of recidivism, reduce these penalties as follows; If the penalty imposed by law, either because of the nature of the offense, or because of the condition of recurrence of the accused, is imprisonment for a minimum of not less than one year, or a minimum fine not less than forty-eight dollars, the courts may reduce imprisonment up to six days and a fine up to four dollars -. Inst. crim. 274 -. C. Penicillin. 9-1 째, 10, 26 et seq., 36.

In all other cases, they can even reduce sentences below six days and fine even below four dollars. L. July 25, 1878.

"They can also decide separately either of these sentences and even substitute fines to imprisonment. In the latter case, the penalty will be fifty to two hundred gourdes. "This last paragraph is so mod. by the Act of February 16 1927.

LAW No. 5 - POLICE ON VIOLATIONS AND PENALTIES CHAPTER I - THE PUNISHMENT Art. 383 - The police penalties are:. C. civ. Inst -. 5. crim. 1, 11, 20, 124, 127, 468 ff -. C. Penicillin. 1, 4, 381.et seq.

Imprisonment in a police room - C. Penicillin. 10, 389.

The fine - C. Penicillin. 36, 385 et seq.

Forfeiture of certain items seized: - C. Penicillin. 10, 389.

Art. 384 -. Imprisonment may not be less than one day nor more than six months, according to the classes, awards and cases hereinafter specified.

The days are full days imprisonment of twenty-four Hours -. C. Penicillin. 26, 383.

Art. 385 -. Fines may be imposed for contravention of the past twenty-five gourd gourds inclusive, according to the distinctions and classes hereinafter specified and shall be paid into the public treasury -.

C. Penicillin. 36, 383.

Art. 386 -. Imprisonment in default place for the payment of the fine.

Nevertheless can not be condemned, for this purpose, held more than a month, if the employee's insolvency.

Art. 387 -. If insufficient property restitution and compensation due to the injured party are preferred to the fine -. C. civ. 939, 1168 -. Inst. Crim 144 -. C. Penicillin. 11.

Art. 388 -. Such refunds, allowances and expenses result in imprisonment for debt. If these convictions are for the benefit of the State, the condemned will enjoy the power conferred by Article 386 in the case of insolvency under this article -. C. Penicillin. 36 et seq.

And when these sentences will be pronounced in favor of all other parties, the duration of the constraint will be three months.

Art. 389 -. Courts Police may also, in the cases determined by law, order the confiscation or seizure of things contrary, the materials or instruments which were used or intended to be used to commit -.

C. Penicillin. 10, 383, 391, 396, 400.

CHAPTER II - OFFENCES AND PUNISHMENT SECTION I - FIRST CLASS Art. . 390 - shall be punished with fine from two to forty dollars including: - C. Penicillin. 36, 383, 385 et seq., 393, 401.

1. Those who have failed to maintain, repair or cleaning ovens, chimneys or factories, where use is made of fire - C. civ. 1168, 1504, 1505 -. C. Penicillin. 377; 2. Those who violate the defense to take in some places, pieces of fireworks or gun shots, C. Penicillin. 391, 392.

3. Those who have neglected to clean the streets or passages in the municipalities where the care is left to the care of people; C. Penicillin. 36.

4. Those who have embarrassed the highway by depositing, leaving them without necessity of any materials or things that prevent or lessen freedom or security of passage, those who have neglected or to remove or lighten the materials stored by them, or excavations made by them in the streets and squares, C. Penicillin.398-6 °.

5. Those who neglect or refuse to execute the regulations or orders on small roads, or to obey the summons emanating from authority, to repair or demolish derelict buildings: C. civ. 1172 -.

C. Penicillin. 394-3 °, 9 °, 295 ° 398-5.

6. Those who have thrown or exposed in front of their buildings, things cause harm by falling or unhealthy exhalations; C. civ. 1168 -. C. Penicillin. 254, 264, 394-7 °, 395 ° 598-4.

7. Those who have left in the streets, roads, squares, public places, or in the fields, farm implements, clamps, rods, bars, or other machines or implements or weapons might abuse thieves and other criminals, C. civ. 1169 -. C. Penicillin. 330, 391, 394-2 °, 3 °, 4 °, 6 ° 398-6 °.

8. Those who, without any circumstance provided by law, have picked up or eaten on the premises belonging to another fruit -. C. Penicillin. 330.

9. Those who, without other circumstances, have gleaned raked or scraped in fields not yet fully stripped and emptied of their crops or before the time of sunrise or after sunset; 10. Those who, without provocation, have uttered insults; 11. Those who recklessly have thrown garbage on any person - C. civ. 1168 -. C. Penicillin. 264, 265, 394-7 °, 395 ° 398-4.

12. Those who have missed their cattle and their beasts of burden, load or mount in the gardens of others; 13. Those who did not complied with the regulations or orders lawfully made and published by the local authority under section 43, except Nos. 5, 6, 7 and 8 of the Law on Communal Councils of July 4, 1872 and Articles 29, 39 and 40 of the Law on District Councils, 20 November 1876. L. July 25, 1878.

Art. 391 -. Further confiscated Will the parts section and firearms seized in the case of No. 2 of the preceding article, instruments and weapons mentioned in No. 7 of the same article -. C. Penicillin. 10, 383, 389, 396, 400.

Art. 392 -. Imprisonment for two days at most, will be more pronounced as the case against those who have taken parts of fireworks or gun shots and against those who have gleaned raked or gleaned in contravention of Article 9 No. 390 -. C. Penicillin. 26 et seq., 383, 384, 390-10 °.

Art. 393 -. Imprisonment against all the persons mentioned in section 390, will still take place in case of recurrence for more than three days -. C. Penicillin. 26 et seq., 383, 384, 410.

SECTION II - SECOND CLASS Art. . 394 - shall be punished with fine from six to ten gourdes gourdes including: - C. Penicillin. 36, 383, 385 et seq., 397, 410.

1. The innkeepers, hoteliers, landlords or lessors of furnished rooms, which have failed to register on and no white in a register kept regularly names, grades, habitual residence, dates of entry and exit of any person who would have slept or spent the night in their homes, those of them who have failed to submit the register at the times specified by the regulations, or when they were required, justices of the peace, deputy or police officers, or citizens committed to this effect -. C. Penicillin. 116, 287, 390 August 21, 1913. Art. 3, 4, 5.

2. Ro-ro, carters, cabrouettiers, public car drivers, or beasts of burden, have neglected to keep constantly within reach of their horses, beasts of burden or expense, and their cars, and state of the guide and lead -. C. Penicillin. 390-5 °, 396 ° 398-3.

3. They have done or left running horses, beasts of burden, load or mount in the inner city or town; C.Penicillin. 342, 360-5 °, 396-10 ° 397.

4. Those who have established or maintained in the streets, roads, squares and public places, lotteries and other games of chance; C. Penicillin. 342, 360-5 °, 396-10 ° 397.

5. Those who have sold or debited adulterated liquor, without prejudice to more severe penalties to be imposed by the courts as a criminal, if they contain harmful to health mixtions - Inst. crim -. 154 -.

C.Penicillin. 243, 395, 296-2 °.

6. Those who have left wandering mad or angry, being under their care, or evil or wild animals, and those who have excited or have not retained their dogs when they attack or pursue passersby, though he n ' would have resulted in no harm or damage - C. Penicillin. 378, 390-5 °, 398-3 °.

7. Those who threw stones or other hard objects, or filth, against the houses, buildings, fences or others, or in the garden or enclosure;., And also those who intentionally threw garbage on someone - C . Penicillin.390-6 °, 11 °, 395 ° 398-4.

8. Those who refused to receive the national coins or false or altered, depending on the value at which

they progress -. C. Penicillin. 97 et seq.

9. Those on which, neglect or refuse to do the work, service, or lend the help they have been required in the circumstances of accidents, tumults, wrecked, flood, fire or other disasters, as well as cases of robberies, looting, flagrante delicto, public clamor or judicial enforcement -. C. civ. 1716 -. Inst crim. 31, 88 -. C.Penicillin. 73 et seq., 361, 377.

10. L e s persons designated in Articles 229 and 233 of this Code -. C. Penicillin. 396-3 °.

Art. . 395 - Will, according to circumstances be imposed in addition to the fine range in the previous section, imprisonment for more than three days, against the carters, carters, cabrouettiers, valets and drivers contrary, against those who disturbed the security public, by the speed or the wrong direction cars or animals against sellers and debiting of adulterated liquor, against those who would throw hard bodies or garbage - C.. Penicillin.26 et seq., 383, 384, 390-4 °, 5 °, 11 °, 394-2 °, 3 °, 5 °, 7 °.

Art. 396 - Will be seized and forfeited:. - C. Penicillin. 19, 383, 389 391, 400.

1. Tables, instruments, apparatus of gambling or lotteries established in the streets, roads and highways, as well as issues, funds, goods, items or lots offered to the players, in the case of Article 394 . - C., Penicillin.342, 394-4 °.

2. The adulterated drinks found to belong to the seller or debiting: drinks will be poured, C. Penicillin. 263, 394-5 °, 305.

3. Writings, drawings, lithographs and engravings contrary to morality: these objects will be burned C..Penicillin. 229, 233.

Art. The penalty of imprisonment for four days at most, be pronounced in the case of recurrence, against all the persons mentioned in section 394-397..

SECTION III - THIRD CLASS Art. 398 - shall be punishable by a fine of eleven to fifteen gourdes gourdes inclusive.: 1. Who, except as provided by section 356 up to and including section 281, have willfully caused the damage to the properties securities of others; C. civ. 939, 1168 -. C. Penicillin. 36, 838, 385 et seq. 401, 410.

2. Those who have abused inhumanly non harmful animals; C. Penicillin. 394-2 °, 399-2 °.

3. Those who caused the death or injury of animals or cattle belonging to others by the effect of stray mad or angry, or harmful to wild animals, or the speed or the wrong direction, or excessive loading cars , horses, beasts of burden, load or mount - C. Penicillin. 383-5 °, 392-2 °, 3 ° -6 °.

4. Those who have the same damage caused by the use or the use of weapons, carelessly or clumsily or throwing stones or other hard body -. C. civ. 1168 -. C. Penicillin. 390-6 °, 11 °, 394-7 °, 399-2 °.

5. Those who caused the accident by the same obsolescence, deterioration, lack of maintenance or repair of houses or buildings, or the size or excavation, or such other works, in or near streets, roads, places, or public roads without caution signals or ordered or use -. C. Penicillin. 390-1 °, 5 °.

6. Those who have false weights and false measures in their stores, shops, workshops or firms, or in the halls, fairs and markets, and without prejudice to the penalties to be imposed by the courts in the police court, against those who have used these false weight or false these measures -. C. Penicillin. 345, 347, 329-3 °, 400.

7. Those who employ weights or different from those established by the laws in force measures -.

C.Penicillin. 399-4 °.

8. The perpetrators or accomplices of disturbing noise or hubbub during the day or at night, the quiet people -. C. Penicillin. 399-5 °.

Art. , Will depending on the circumstances, be pronounced the sentence for four days at the most - 399 C..Penicillin. 26, 383, 384.

1. Against those who have abused inhumanly non harmful animals - C. Penicillin. 398-2 °.

2. Against those who have caused the death or injury of animals or cattle belonging to others, as provided by No. 4 of the previous section - C. Penicillin. 372 et seq.

3. Against the owners of false weights and false measures, C. Penicillin. 345, 346, 398-6 °, 7, 400.

4. Against those who use weights or different from those that the law has established measures; C.Penicillin. 398-7 °.

5. Against the perpetrators or accomplices noises or uproars -. C. Penicillin. 398-8 °.

Art. 400 -. Will more seized and confiscated, false weights, false measures and weights and measures different from those that the law has established -. C. Penicillin. 10, 383, 389, 399-3 °, 4 °.

Art. 401 -. Imprisonment for five days will still take place for recurrence, and against the people in the cases mentioned in Article 398 -. C. Penicillin. 26 et seq., 383, 384, 40.

SECTION IV - FOURTH CLASS OF ASSAULT Art. 402 -. All assaults which have not caused or bruising and injury, shall be punished five to twenty-five days imprisonment and a fine of five to twenty-five gourds -. C. Penicillin. 10, 36, 266 et seq., 272 et seq.

Ss. 403 and 404 were repealed by the Act of October 27, 1864.

SECTION V - FIFTH CLASS - THE PROWL Art. 403. Art. 404 -. Repealed by Act of 27 Oct. 1864 and replaced by art. 227-1 to 227-5.

SECTION VI - SIXTH CLASS - OF ENCHANTMENT Art. 405 -. Repealed by the Act of July 3, 1935.

"All makers wangas, capreletas, Vaudoux, dompèdre, macandals and other spells will be punished by three months to six months imprisonment and a fine of 60 gourdes to 150 gourdes by the police court, and recidivism , imprisonment of six months to two years and a fine of three hundred thousand gourdes gourdes by the Criminal Court, without prejudice to more severe penalties they incur in respect of offenses or crimes committed by them to prepare or do their evil. " "All dances and any other practices which are likely to keep people in the spirit of fetishism and superstition are considered spells and same penalties."

See Decree of 5 Sept. 1935 on superstitious practices. *****

DECREE - LAW OF 5 September 1935 Art. 406 -. People whose business fortune telling or guess, to predict, explain dreams or draw cards, shall be punished by imprisonment of at least two months and six months and a fine of one hundred to five hundred gourdes gourdes -. C. Penicillin. 26 et seq. 36, 39.

Art. 403a -. Repealed by the Act of July 3, 1935.

Art. 407 -. Repealed by the Act of July 3, 1935. *****

Decree-Law of 5 September 1935 on the superstitious practices Art. . 1 - are considered superstitious practices: 1) ceremonies, rites, dances and meetings during which the practice as an offering to the alleged deities, sacrifices of livestock or poultry. 2) misuse of the public by delude that by occult means, it is possible to reach either change the property status of an individual, or to cure any harm by methods ignored by medical science, and 3) having in his home cabalistic objects used to exploit the gullibility and naivety of the public.

Art. 2 -. Convinced Any individual so-called superstitious practices will be sentenced to six months imprisonment and a fine of four hundred gourdes, all to be given by the police court.

Art. . 3 - In the cases provided above, the judgment becomes enforceable, notwithstanding any appeal or cassation.

Art. 4 -. Objects used in the commission of the offense in Article 3 shall be confiscated.

Art. 5 -. This Decree repeals all laws or provisions of laws that are contrary to it, and will be executed at the behest of Secretary of State for Justice.

SECTION VII - SEVENTH CLASS - petty theft Art. 408 -. All theft of objects whose value does not exceed three hundred bottles, and will be done without any of the circumstances specified in Articles 326, 327, 328 and 329 of this Code, is described as "theft." And mod. by the Act of 1 July 1954.

Art. 409 -. Any theft will be punished with one month to six months imprisonment -. C. Criminal 26 et seq.

The offender shall be for the duration of his sentence used for public works of the municipality, the provision of Article 333 above it is also applied.

PROVISIONS COMMON TO SECTIONS ABOVE Art. 410 -. Recidivism, in all cases under this Act, when it was made against the offender, in the previous twelve months, the first trial for violating police.

In terms of simple font, except as provided in Article 408, where there will be extenuating circumstances for the offender, the judge may sentence him to imprisonment or a fine, imprisonment reduced to a minimum, and the fine and even substitute fines to imprisonment.

In the latter case, the fine will be twenty-five to fifty gourds gourds. L. February 16 1927.

GENERAL PROVISIONS Art. 411 -. This code will be enforceable throughout the Republic, from 1 January 1836.

Art. 412 -. In all matters which are not regulated by this code, and which are governed by specific laws and regulations, the courts will continue to observe.

Art. 413 -. This code will be sent to the Senate in accordance with the Constitution.

Decree of 18 December 1975 regulating the trade and use of drugs (excerpts) CHAPTER I - GENERAL Art. 1 -.'s Astounding is a dangerous substance of natural or synthetic origin capable, absorption, causing humans abuse by seeking euphoria and a psychological or physical dependence, or both, and generate adverse chronic effects to both the individual and society.

It is also referred Drugs, a term that actually encompasses and drugs and all specific medical use substances.

Art. 2 -. Addiction is a state of periodic or chronic intoxication, created by the abuse of drugs and harmful to human health.

It is characterized by: a) an overpowering desire to consume or to obtain it; b) a tendency to increase, in some cases, the dose; c) a psychic dependence or physical withdrawal in case.

Art. . 3 - are considered drugs, falling within the scope of this Decree: a) substances listed in the four tables from the Single Convention of 25 March 1961 (United Nations), ratified by the Republic of Haiti in February 1972; b) substances carried in Table B of the French Code, adopted by Haiti, under the Act of 10 August 1955; c) psychotropic hallucinogenic substances, such as: 25 LSD, mescaline and psylocyline; These tables and lists are attached to this Order.

Art. . 4 - In terms of their main effects of the substances covered by this Decree are classified as follows: a) DEPRESSANTS CENTRAL NERVOUS SYSTEM. OPIUM AND OPIATE Opium, morphine, heroin, hydropnorphone, dextromo-ramide, methadone, normethadone, pethidine. b) INCENTIVES OF THE CENTRAL NERVOUS SYSTEM: Coca leaf, cocaine, amphetamine, mĂŠthylamphe-bunting, phenmetrazine, associations of a barbiturate and an amphetamine. c) HALLUCINOGENS Peyote (Mescaline) Hallucinogenic mushrooms (psilocybin) Dimethyltryptamine (DMT) Morning glory seeds Thamphetamine Dimethoxyme (DOM) Diethyl tryptamine (DET) Acini Lysergic diethylamide (LSD)

Cannabis (TTC): tops, flowering or fruiting, leaf resin.

Datura stramonium (common name in Haiti "zombie cucumber").

Art. . 5 - This Decree shall apply to all new-discoveries of exotic and native plants in their natural or synthetic derivatives, all the new natural substances or synthetic or derivatives thereof including employment, in any form, produces the effects of substances referred to in Articles 3 and 4.

Art. . 6 - No person shall, without express permission, possessing a drug contained in Articles 3 and 4, manufacture or distribute such substances, or encourage production for local consumption or use of drugs or a drug in violation of this Decree on the territory of the Republic and within the limits of the territorial sea.

CHAPTER II - THE DRUG TRAFFICKING A. - Traffic Modes Art. 7 -. Drug trafficking refers to the buying, selling, brokering, import, export, transport, transit, possession, offering, sale, possession, distribution the production, processing, extraction, preparation, drug culture, and, in general, all operations to facilitate the operation, acquisition, circulation and use of substances or plants classified as narcotics.

Art. 8 -. All transactions referred to in Article 7 and any acts relating thereto, are, unless expressly authorized controlled, prohibited and constitute a sui generis crime punishable under this Decree.

Art. 9 -. Drug trafficking may, however, be lawful, when it is undertaken for medical, scientific or experimental by a person duly and regularly authorized by the Act. Art. The fact by an authorized person is considered as illicit trafficking - 10:. a) use drugs for purposes other than those for which the authorization was granted; b) Provide for pure indulgence unauthorized facilities or assist them to get them people.

STILL ILLEGAL: Accepting, gratuitously or for consideration, such facilities or benefit from this assistance.

B. - From lawful traffic: authorization Art. 11 -. A special three-member committee under the Life President of the Republic shall be appointed by a Presidential Order for traffic control, use and abuse of drugs.

It will be overseen by a Secretary of State appointed by the Head of State and include: a) A medical doctor who specializes in the drug problem; b) A toxicologist; c) The Head of Control Service Pharmacies, drugs and narcotics.

Art. . 12 - The powers of the Commission are as follows: a) Check the licit drug trafficking in the country; b) Issuing permission to perform the lawful traffic; c) Develop a program for the prevention of drug abuse, to detox and rehabilitation of drug addicts; d) Ensure the implementation of this program;

e) Establish and maintain coordination with the Police Department; f) Ensure contacts with international organizations and foreign institutions interested in the problem; g) Maintain a list of drugs placed in the appendix.

Art. 13 -. The application for authorization under the preceding articles will be sent to the Commission on special request with the requesting information for identification (names, houses, home, nationality, occupation, photo, of our patent and. identity, place of business and, in addition, in the case of foreign card, the dealer's license and permit).

The Commission shall establish the requirements for the issuance of the authorization, specifically identify the purposes for which it is granted (permission to import, export, etc ...) will limit the duration, namely designate items by the subject requisitions, indicate the quantity limit of authorized preparations and qualitative composition, fix all other means to facilitate a rigorous and effective drug control.

Art. 14 -. The Commission will keep the Police Department in Port-au-Prince aware of all the regular movements of narcotics in the country (or other authorization issued) and receive the said Department all information that may be collected on the illicit traffic in narcotics .

A file will be prepared for this Commission to allow control of the movement of legitimate traffic.

Art. 15 -. To be valid, the authorization issued by the Control Commission shall be countersigned by the Secretary of State for Public Health and Population and registered with the Department of Health and Population.

The mention of the formalities of registration (register number, page, portfolio, etc ...) will be brought back to the act, under penalty of nullity.

Art. 16 -. Permission will be produced whenever required. It is annual and strictly personal.

It may be suspended or adjusted automatically by the Control Commission or at the request of the competent authority.

The import permit or export of narcotics shall be issued only on presentation of the authorization. They must be registered with the Department of Public Health and Population.

Art. 17 -. The beneficiary of an authorization held a special register and initialed by the Control Commission where any purchase, sale, transfer and other operations listed in date with a serial number, including the names and addresses of interested .

This register will also contain all information on the manufacture, processing or use of drugs, including the amount and nature of the material used and the products obtained. A quarterly statement of the quantities of substances received, used, manufactured, sold, and a statement of remaining stocks will be sent to the Control Commission.

Art. 18 -. It is forbidden to prepare and execute prescriptions for drugs for a period exceeding seven days, with the exception of those relating to liniments and ointments.

All orders will mention the names and addresses of the patient. They will be filed and kept for inspection.

Art. 19 -. Doctors, dentists and veterinarians can hold medicines containing narcotics within a provision for emergency care, which is qualitatively and quantitatively determined by the Control Commission.

Art. 20 -. Ships and aircraft engaged in international transport may have with the opinion of the Commission in a special package limited quantities of drugs needed for the trip to the administration of first aid and emergency situations. Appropriate precautions should be taken to prevent the use or misuse for illegal purposes.

Art. 21 -. It is an obligation on persons authorized to possess narcotics, place them in envelopes or

containers coated with a red-orange label, which will be held in locations or cabinets locked. The label shall bear the quality, the net weight of the substances, the name and address of the person and a reference number for each envelope or container.

Failure to comply with this provision will result in the withdrawal of the authorization and the seizure of items without prejudice to the criminal liability of the authorized fault.

Art. Do e - 22. s t not covered by this Decree traffic of certain substances such as alcohol and tobacco.

Art. 23 -. Violators of the provisions of Chapter II shall be considered as illegal drug traffickers.

CHA P ITRE III - USE Art. 53 -. Remedies under the Criminal Procedure Code and special laws, including the Law on appeals apply to all decisions on trafficking and illicit drug use.

C. - Sanctions against illicit traffickers Art. 54 -. Individual convicted of drug trafficking will be sentenced to a special sentence of 3 to 15 years' imprisonment and a fine of 10 gourdes 000.00 (ten thousand gourdes) 500 000.00 gourdes (five one hundred thousand gourdes).

If it is import, export, transit, production and manufacture of illicit trafficker the guilty will be punished by 10 to 25 years of imprisonment and a fine of 100 gourdes 000.00 (one hundred thousand gourdes) to 1000 000.00 gourdes (one million gourdes).

In case of recidivism, double the two sentences will be applied.

For non-payment of pecuniary judgments, the duration of imprisonment for debt will never be less than the principal penalty.

Art. 55 -. Illicit trafficking under s. 10 of this Decree, in addition to the penalties prescribed in the preceding article (first paragraph) definitely lose the rights acquired by obtaining the authorization entitled to have legal narcotics. Professional Patente doctors, pharmacists, dentists, veterinarians, midwife, etc ... convicted of the same crime will be retired for a period of 1 to 5 years.

In case of recidivism, outside plant and penalties, their license will not be granted.

Art. 56 -. Any institution or any organization against which generally has been established proof of having practiced illicit drug trafficking, will not run for a period of at least 10 years to decide by court order, without prejudice to the imposition of penalties and equipment to apply against illegal traffickers themselves.

In case of recidivism, the ban will be final.

Art. 57 -. Foreign illicit trafficker in addition to the penalties provided in the preceding articles shall be expelled from the country or he will be allowed to stay permanently in the future.

Art. 58 -. The penalties provided for in Article 54 shall be applied against those who, in any manner whatsoever, have submitted the drug in a favorable light, or by any means, have resulted in traffic or the illicit drug use.

Art. 59 -. Against minor under the age of 16 convicted of smuggling, will apply the measures prescribed by the Special Law on Children offender.

D. - Sanctions against illegal users

Art. 60 -. Illegal drug user is punishable by a fine of 5 000.00 to 10 000.00 gourdes or imprisonment of 6 months to 2 years.

In case of recidivism, the two sentences at a time.

As the user is a foreigner, he shall also be expelled from the country and he will be allowed to stay in the future.

Art. 61 -. If it occurs during the investigation that the accused-user has mental or physical disabilities, the Tribunal will seek a say right before the notice of the Commission Socio-Medical and instruct in If positive opinion, the deferment of judgment and recovery of the treatment.

Art. 62 -. A minor under the age of 16, recognized by the occasional user socio-medical Commission, will be placed under the supervision of the latter in his family who take away the provisions of a relapse. If the minor mistake vigilance of his parents or of the Commission to engage in illicit drug use, it is treated as a minor drug under 16 years of age.

Art. 63 -. A minor under 16 years of drug recognized by the Commission Socio-Medical, will be made after full detox his family take steps to prevent relapse addict.

If after a detox, a minor under 16 again commits the offense of illicit drug use, it will be subjected to further treatment. However, in each case after the treatment, it will be placed in a health center orders the prosecution for a period of 6 months to 2 years.

Monitor No. 47 of June 28, 1982 AN ACT TO REPEAL:

1 -. The law of 26 July 1979 amending Articles 48, 54, 72 of the Decree of 18 December 1975. . 2 - The Law of 27 August 1980. . 3 - Articles 40, 41, 42 and 70 of the Decree of 18 December 1975 on illicit drug trafficking.

LAW JEAN-CLAUDE Duvalier Life President of the Republic Having regard to Articles 68, 90, 93, 94 and 107 of the Constitution; Given the Law of July 24, 1974 reorganizing the Department of Justice.

Given the Decree of 18 December 1975, against trafficking and illicit drug use.

Pursuant to the Law of 26 July 1979 amending Articles 48, 54, 35 and 72 of the above-said Decree.

Pursuant to the Law of 27 August 1980 amending Article 2 of the Act of July 26, 1979.

Whereas the increase of illicit drug trafficking requires the strengthening of existing sanctions and the adoption of new measures.

Whereas it is the duty of the state to protect citizens against the physical imbalance, intellectual and moral causes of drug use.

Accordingly, it is appropriate to revise the law governing the matter.

On the report of State for Justice, Public Health and Population, Interior and National Defense Secretaries.

And the opinion of the Council of Secretaries of State.

A PROPOSED And the Legislative Chamber passed the following Act: Art. 1 -. The law of 26 July 1979 amending Article 48, 54, 72 of the Decree of 18 December 1975 and the Act of August 27, 1980 and are hereby repealed.

Sections 40, 41, 42 and 70 of the Decree of 18 December 1975 are repealed.

Art. 2 -. Any amount of illegal drugs found in possession of an individual or in any place is immediately seized by the police, report is prepared.

The Government Commissioner of the Spring or in his absence, the Justice of the Peace of the resort, required on the field, presents a report in the presence of the accused or not.

A sworn expert of the Department of Public Health and Population takes a sufficient amount of the substance to be used as corpus delicti, after identification.

The oblation and the report of the Laboratory are, after completion of legal formalities, back on the field to the Government Commissioner of the Spring for appropriate action.

Minutes is also prepared in the presence of the accused if found, or, in his absence if he can not be found, and the above-mentioned authorities.

After the judgment has acquired the force of res judicata, the removed portion will be given to the police for burning or destruction in the presence of the judiciary.

Art. 3 -. After collection and identification discussed above, the quantity of drugs seized is immediately destroyed by burning or other means, in the presence of the judiciary. Minutes is drawn.

Art. 4 -. The land or portions of land that have been used to grow recognized or plants classified as drugs will be placed for a year in the custody of the Department of Agriculture, Natural Resources and Rural Development, one of Public Health and Population and the anti-drug brigade, to the total destruction of plantations.

Meanwhile, no planting can be done by anyone on the land or portions of land in question.

However, after the period of one year, the owner returns from right to the full enjoyment of his property.

In case of difficulty, the Commissioner of the Spring Court who delivered the judgment, deliver him to this end, a requisition copies shall be notified to the bodies referred to in the first paragraph of this article.

Art. 5 -. Seized Are any materials, equipment that will be used specifically for the transport or storage of drugs and other items or cash equivalents that facilitated this trade or resulting from said trading. Forfeiture will be ordered.

These so-called property will be given to the General Administration of Taxation against receipt charged by the latter to grant custody to the Haitian Marine case of boats and other marine navigation devices or Corps Avia- tion of the Armed Forces of Haiti, in the case of helicopters, seaplanes or other air navigation devices.

Art. 6 -.'s Properties any individual defendant as a perpetrator or accomplice of drug trafficking can not from the date of the commission of criminal acts and to the enforcement of the final judgment of conviction, be subject to of any transaction of any kind whatsoever, or donation.

The said property is used by privilege and priority to cover the payment of fines, if any.

The cons-registered letters in the year of the commission of the facts, will not be binding on the State.

Notice is given to practical purposes, the Banks and all Notaries, the measures authorized by the first paragraph of this article, by letter with acknowledgment of receipt, at the behest of the Government Commissioner of the Spring.

Any order not place immediately release the goods concerned.

Art. 7 -., As Illicit drug trafficking as defined by the Decree of 18 December 1975 is a crime.

Art. . 8 - Article 43 of the Decree of December 18, 1975 is amended as follows: Art. 43 -., The major user is translated into forty-eight hours in front of the relevant direct quote of the Government Commissioner Correctional Tribunal.

If it is established that the accused is a drug addict, the Court suspends and resumes the instance when a medical report certifies that the accused is fit to be tried.

Traffickers are brought in forty-eight hours in front of their judges, as required by the Code of Criminal Procedure.

Minors under 16 years, traffickers and users, are considered according to the procedure outlined by the Decree of 20 November 1961, organizing the Children's Court.

Art. . 9 - The first paragraph of Article 48 of the Decree of December 18, 1975 is amended as follows: On illegal drug trafficking, bail is never granted.

Art. . 10 - Article 54 of the Decree of December 18, 1975 is amended as follows: Art. . 54 - An individual convicted of drug trafficking either as author or as an accomplice, was sentenced to a term of three to fifteen years in prison and a fine of two hundred and fifty thousand gourdes at least (G. 250 000.00) to two million gourdes (G. 2 000 000,00) at most.

If it is import, export, transit, production, manufacture and distribution of illegal, the trafficker guilty is punishable by five to twenty years in prison and a fine of five hundred thousand gourdes (G. 500 000.00) at least ten million gourdes (G. 10 000 000.00) at most.

In both cases, the Court may also order against the offender, for the duration of the sentence, the total or partial prohibition of the exercise of the rights set out in Article 28 of the Penal Code.

He may also order after the main sentences have been served, prescribed or have suffered in their effects, the changes incident to the pardon, commutation of sentence, dismissal of the guilty under the special supervision of the senior police State.

If the offender is a foreigner, he shall, in addition, after serving his sentence, deported. He will not be permitted to stay in the future.

Art. . 11 - Article 60 of the Decree of December 18, 1975 is amended as follows: Art. 60 -. Anyone who has been convicted of illegal drug usage and his accomplice will be punished by a fine of five thousand gourdes (G 5 000.00), at least twenty thousand gourdes (G. 20000 , 00) the most, or by imprisonment of one to three years for a second offense, the two sentences at a time.

The court may also decide against the guilty in whole or in part, the prohibitions contained in Article 28 of the Penal Code and the reference under the special supervision of the High State Police for at least three years and five more.

If the offender is a foreigner, he shall also, after serving his sentence, deported. He will not be permitted to stay in the future.

Art. 12 -. Shall be sentenced to the maximum of the above penalties, agents, officers and employees of the Public Administration employees to research and prosecution of crimes and offenses under this Act, upon conviction of use or illicit drug trafficking, either as perpetrators or as accomplices.

It is the same guards seized goods and substances.

Art. 13 -.'s Judgments regarding the use or trafficking of drugs, are likely to appeal to the Supreme Court.

Recourse is irrevocable if the offender is state at the time of notice of appeal.

Art. 14 -. The device of any conviction made in the use and trafficking of drugs across the full text transcript of Act applied, is at the behest of the Government Commissioner of the Civil Court Spring, published in or one of the daily newspapers of the capital.

Art. 15 -. This Act repeals all laws or provisions of laws, all decrees or provisions of Decree s , all decree laws or provisions of decree laws that are contrary to and will be issued and executed at the behest of Secretary of State Justice, Finance and Economic Affairs, Public Health and Population, Interior and National Defense, Agriculture, Natural Resources and Rural Development, each in his own behalf.

Given to the Legislative Chamber in Port-au-Prince, June 7, 1982, the 179th Year of Independence.

President: Jaurès Lévèque Secretaries: Jean Th Lindor Saint Arnaud Numa President for Life of the Republic orders ...

Given at the National Palace in Port-au-Prince June 9, 1982, 179th year of Independence.

Jean-Claude Duvalier.

Monitor October 20, 1980, No. 76 - ORDER OF 10 OCTOBER 1980 TO AMEND THE ARTICLES 9, 10, 28 of the Law of 22 December 1922, ARMS AND AMMUNITION. DECREE Jean-Claude Duvalier Life President of the Republic ENACTS Art. . 1 - Sections 9, 10 and 28 of the Act of 22 December 1922 are amended as follows: Art. 9 -. The one hundred gourdes (G. 100) shall be deposited in the Armed Forces of Haiti as a deposit of each weapon for which a license has been issued.

Art. 10 -. The licensee may, at any time, resume deposit of one hundred gourdes (G. 100), for the transfer of the firearm to an authorized officer to grant a license.

In the event that the licensee wishes to leave Haiti with his weapon, his license is to be taken and deposit will be refunded after we will have?? the weapon will be exported.

A weapon registered in Armed Forces of Haiti remain in the custody of the Armed Forces of Haiti, until the owner has for a person authorized to carry weapons, he takes it for himself. Weapons that have not been claimed for a period of five (5) become the property of the state.

Art. 28 -. A fee of three hundred gourdes (G. 300) by revolver and four hundred gourdes (G. 400) by shotgun will be required to obtain a new license.

Holders pistol and shotgun also pay an annual fee of one hundred gourdes (G. 100) for the regular renewal of any license.

Services Contributions collect these taxes and deposit the funds collected at the National Bank of Credit, on behalf of the Criminal Investigation Department of the Police of Port-au-Prince.

Any holder of a special license for firearms, except that delivered for the purposes of Public Service, will pay an annual fee of fifty gourdes (G. 50) Petty Officer Payer Armed Forces of Haiti.

The funds collected will be deposited with the National Bank of Credit on behalf of the Criminal Investigation Department of the Police of Port-au-Prince.

Art. . 2 - This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or provisions of Decree-laws that are contrary to and will be issued and executed at the behest of Secretary of State Interior and National Defense.

Given at the National Palace in Port-au-Prince, October 10, 1980, the 177th Year of Independence.

Jean-Claude Duvalier

Monitor No. 84 of November 24, 1980 - ORDER OF November 17, 1980 Defining piracy and prescribing penalties relating thereto: ENACTS Art. 1 -. Piracy is a crime punishable under the provisions of this Decree.

Art. 2 - Will be prosecuted and punished for the crime of piracy and punishable by imprisonment and hard labor for life.: a) An individual who commits armed robbery or not acts of depredation or violence on a Haitian ship schooner, corvette, or other carrying freight and passengers, to crew or cargo of the ship. b) any person who by fraud or violence against the master or commander to seize the said building.

Art. The master or crew member who is also said pirates and punished as such from 10 to 15 years of imprisonment or hard labor without prejudice to the civil action reserved to the shipowner, the shipowner 3. in an intention, diverts the ship whose conduct is assigned.

Art. 4 -. Sera considered pirate and be boarded for legal suites on the ship which have been accepted by travelers going abroad, not in possession of the documents required by the laws of police or emigration. The boat will be seized and sold at public auction.

Art. 5 -. Accomplices of these crimes will be punished the same as the main perpetrators of these crimes.

Art. 6 -. When ships are captured for acts of piracy, the arraignment of the accused will be suspended until a court decision if the validity of the decision has been challenged.

This suspension does not prevent the prosecution and the investigation of the criminal proceedings.

Art. The competent defendants and their accomplices will be tried by the Criminal Court under the provisions of the Criminal Procedure Code on the subject - 7..

Art. 8 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or provisions of decree laws that are contrary to and will be issued and executed at the behest of Secretary of State Justice and the Secretary of State for Defence.

Given at the National Palace in Port-au-Prince, November 17, 1980, the 177th Year of Independence.

Jean Claude Duvalier

DECREE OF 4 DISCRIMINATION

February

1981

punishing

FACTS

OF

RACIAL

Jean-Claude Duvalier Life President of the Republic Art. 1 -. Any act of racial discrimination or behavior that violates fundamental human rights that occurred because of race, color, appearance of an ethnic group, is a punishable offense under the following provisions.

Art. . 2 - This Decree shall mean racial discrimination as any distinction, exclusion, restriction, any reason based on race, color, descent or national or ethnic origin which has the aim to undermine or destroy the recognition , enjoyment, exercise and equal human rights and fundamental freedoms in the political, economic, social and cultural fields, as well as in any other field of public life.

Art. 3 -. Failure racial discrimination is absolute rule and public order.

Art. Shall not be considered as measures of racial discrimination - 4.

1) distinctions, exclusions, restrictions or preferences made by a State, as is its nationals or nonnationals.

2) The laws of the State, relating to nationality, citizenship or naturalization, when those provisions do not discriminate against any particular nationality.

3) Special measures taken for the sole purpose of securing the advancement of certain racial or ethnic groups or individuals requiring such protection necessary to ensure their enjoyment and exercise of human rights and fundamental freedoms in equal terms.

Art. Will be judged and punished by six months to two years imprisonment or a fine from 5 000 to 25 000 gourdes - 5..

1) Any person who engages in an act or practice of racial discrimination against persons, groups of persons or institutions.

2) One who encourages or support racial discrimination by any person or any organization.

3) Any person who engages or participates in any propaganda or all organizations based on ideas or theories of superiority of one race or group of persons of a certain color, a certain origin ethnic.

Art. 6 -. Sera prosecuted and punished by six months to three years imprisonment or a fine from 5 000 to 50 000 gourdes while holding public authority or citizen, in charge of a public service will be denied

knowingly someone the benefit of a right recognized by law, and will support its refusal on the origin, membership, non-membership of the person to an ethnic group, nation, race, religion.

Art. 7 -. Courts apply the same penalties for the same reasons, when the facts have been committed in violation of this decree and committed against an association, corporation or members or class of them because of the origin or membership or non-membership of those members.

Art. . 8 - shall be punished with imprisonment of six months to one year or a fine of 2 500 to 10 000 gourdes: 1) Those who have to provide or offer a product or service, have refused, without lawful cause, either by themselves or by their servants, on the basis of origin, sex, marital status of the person who solicits or political beliefs or membership or non-membership of an ethnic group, nation, race, religion.

2) Those who, under the conditions mentioned in the preceding paragraph, have refused a good or service to an association or corporation to its members in whole or in part, because of the origin, sex, location Family, membership or non-membership of the members of an ethnic group, nation, race, religion.

3) Those who obliged by their profession or duties, are required to use for themselves or others one or more employees, have refused, without lawful cause, to hire or have laid off because of their origin or sex, or marital status, membership or not an ethnic group, nation, race, religion.

Art. 9 -. Anyone held to provide a good or service to someone submits its offer to a condition-dependent origin or sex, marital status, membership or non-membership of seeking to an ethnic group, race, religion, shall be punished in accordance with the preceding article.

Art. 10 -.'s Accomplices offense of racial discrimination, the same penalties that the perpetrators. In case of recidivism, the guilty will be punished two sentences at a time.

Art. 11 -. The Magistrates' Court may order that the device of the conviction is displayed in places that show and inserted in whole or in part in any newspapers designated by him. The cost of these fees will be borne by the offender, but may not exceed the amount of the fine imposed.

Art. 12 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or provisions of decree laws that are contrary to and will be issued and executed at the behest of Secretary of State Justice and Foreign Affairs each in what concerns.

Given at the National Palace in Port-au-Prince, February 4, 1981, the 178th Year of Independence.

Jean-Claude Duvalier.

Monitor No. 86, November 5, 1979 - ORDER OF October 31, 1979 Art. First. - The maximum rate of conventional interest in civil and commercial matters is 18%, this rate includes the maximum net proceeds paid any capital can provide the lender or by way of loan, discount or in any way . However, when the interest charge not exceeding five gourdes, it may be stipulated in the contract or obligation, a fixed value not exceeding five gourdes as costs, in lieu of interest.

Art. 2 -. Bank of the Republic of Haiti, using his powers of Central Bank, establish the following requirements of the economy and interest rates tariffs for banking.

Art. 3 -. Usury is a crime. It consists in the fact to pay a sum of money by way of discount, loan or otherwise, at a rate higher than the maximum rate of 18%.

Any agreement stipulating any generally higher than mentioned above is tainted wear interest rates.

Art. 4 -. When in civil or commercial proceedings will be shown that conventional loan was made higher than rates set by the Act, will be charged excessive perceptions of right, or the times they took place on the

18% interest then due and alternatively on the capital of the debt.

If the debt is off the principal and interest, the lender will be sentenced to the repayment of amounts wrongly paid with legal interest of 10% from the date on which they were paid.

It is understood that the provisions of the first paragraph of this section apply only to interests other than those due to the date of promulgation of this Decree.

Art. 5 - This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all Legislative Decrees Decrees or provisions of laws that are contrary to it and will be issued and executed at the behest of Secretary of State for Finance. and Economic Affairs, Trade and Industry, Justice, each in his own behalf.

Given at the National Palace in Port-au-Prince, October 31, 1979. 176th year of Independence.

Jean-Claude Duvalier.

Monitor No. 84 of November 24, 1980 - November 17, 1980 ORDER OF TRAVEL punishing IRREGULAR Art. 1 -. Shall be deemed illegal to travel abroad, travel undertaken or arranged from the National Territory outside forms and requirements of the laws of Police, particularly those of Immigration and Emigration.

Art. 2 -. Organizing such a journey is an offense punishable under the provisions of this Decree.

Art. 3 -. Irregular Tour organizer to travel abroad, any attempt to travel from one person to the National Territory abroad without legal formalities to be punished with a sentence of six months to three years to decide by the competent criminal court.

In case of recidivism, the offender shall be sentenced to the maximum sentence and fined 10 000 50 000 gourdes.

Art. 4 -. Shall be deemed complicit in the crime organization of irregular foreign destination and punishable as appropriate travel, penalties provided for in this Decree 1) Those who have in any capacity on board their ships, aircraft or aboard their simple boats unfilled parts prescribed by the methods referred to above article first travelers.

2) Those who have served as intermediaries (brokers, agents, sub-agents, or others) between travelers and travel organizers irregular.

3) Those who knowingly hosted irregular travelers to facilitate their travel, prevented the prosecution and sentencing of offenders.

4) All those who have voluntarily helped the organization and implementation of these irregular travel.

Art. 5 - In cases of fraud, persuasion, by artifice or perception of money, shimmer material benefits or vain hopes or chimeric, authors and accomplices have thus abused and breach of trust caused by promise. the credulity of those who want to travel or used similar means shall be punished with penalties provided for in Articles 337 and 340 of the Penal Code.

Art. 6 -. When circumstances have conferred the facts pursued the character of a crime rather than a crime, the case will be heard and decided according to the procedure outlined by the Code of Criminal Procedure and the Penal Code.

Art. 7 -. Merchant ships or craft, inshore schooners, sloops, aircraft, carrying passengers from the territory of Haiti abroad Any responsible, will have to control parts of emigration and police authorizing the trip passenger.

Control agents of the said services also check the records and documents legalizing travel and violation of procedures and provisions of the Emigration Act and those of the Customs Code.

Art. 8 -. A breach recognized by qualified staff, the ship will be considered a pirate and boarded the seized and sold following the procedure under Articles 357 and 358 of the Customs Code cargo managers (offenders and accomplices) handed over to judicial authorities the purpose of prosecution prescribed by this Decree.

Art. 9 -. Apart from the aforesaid and penalties mentioned above, the captains of ships, sailing or motorboat, drivers or owners of schooners, sloops and other offenders are also liable to the imposition of a fine from 25 000 to 200 000 gourdes with withdrawal of patent or license.

Art. 10 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or the provisions of Decree-laws that are contrary to it and will be issued and executed at the behest of the State Secretaries Justice and Home Affairs and National Defence, each in his own behalf.

Given at the National Palace in Port-au-Prince, November 17, 1980. 177th year of Independence.

Jean-Claude Duvalier

September 30, 1983 ORDER OF THE CRIME punishing SPOLIATION DECREE Jean-Claude Duvalier Life President of the Republic Having regard to Articles 32, 11, 112, 223 of the Constitution; Considering the provisions of the Penal Code; Considering that multiple cases of theft committed after the enforcement of court decisions in real estate, endangers the institution of private property guaranteed by the Constitution; Whereas, for the maintenance of public order and respect for judicial decisions, it is necessary to build in the theft offense; On the report of the Minister of Justice; And after deliberation by the Council of Ministers: ENACTS Art. 1 -. Sera convicted of the offense of theft and sentenced to imprisonment of one to three years and a fine of one thousand to six thousand gourdes gourdes anyone by force or violence, will have seized a building, house dwelling, plot or piece of land, where he was expelled pursuant to a final judgment.

The maximum will be given if the theft was committed in band or if the culprits were armed.

Art. 2 -. Irregular acts of formal enforcement of a judgment is not apologized for the offense.

Art. 3 -. Accomplices, regardless of the quality and some body they belong shall be liable to the same punishment as the perpetrator of the theft.

Art. 4 -. The culprit and his accomplices will also receive travel ban after they suffered their sentence.

The travel ban is to defend against a convicted person to appear in places where the theft occurred. It will be delivered by the same conviction.

The period of prohibition of stay is two to three years.

Art. 5 -. Bail will never be granted.

Art. 6 -. Upon the movement of public action, the victims of theft punishable under Articles 1 and 3 of this Order will be restored in their rights at the behest of the Public Ministry. Minutes of the surrender of the premises shall be made by the Justice of the Peace and shipping will be delivered to the Public Ministry.

Art. 7 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or provisions of decree laws that are contrary to and will be issued and executed at the behest of the Ministry of Justice and Ministry of Interior and National Defense, each in his own behalf.

Given at the National Palace in Port-au-Prince, September 30, 1983, the 180th Year of Independence.

THIS TEXT IS FURTHER APPLICATION Decree establishing the Civil Court of Port-au-Prince called a Section COURT OF STATE SECURITY has been deleted by Article 297 paragraph B of the 1987 Constitution.

ENACTS

Decree creating the Civil Court of Port-au-Prince a section entitled: Court of State Security.

Article 1 -. Shall be established in the Civil Court of Port-au-Prince a section entitled "Court of State Security", whose jurisdiction extends throughout the territory of the Republic.

Article 2 - The Court of State Security knows in time of peace.: 1. - All crimes against the internal and external security of the State.

2 - and crimes related to those provided for in the first offense.; 3 -. Offences which circumstances or purpose mobile print a political character. . Article 3 - The Dean of the Civil Court of Port-au-Prince assumes the office of President of the Court of State Security, with power: 1 -. Appoint among judges and staff of the Tribunal judges, clerk and court usher to serve on the Court of State Security.

2 -. Attach prior prescription by day and time of the hearings where cases are heard by the state Court of State Security. . Article 4 - The jurisdiction of the Court of State Security shall be three judges: The Dean of the Civil Court of Port-au-Prince and two other judges of this Court, with the assistance of the Public Ministry, a clerk and a bailiff audiencier.

Article 5 -. Functions of the Public Prosecutor at the Court of State Security are carried out under the authority of the Ministry of Justice, the Government Commissioner at the Civil Court of Port-au-Prince.

Public action is set in motion by the prosecution on the writing of the Minister of Justice order.

Article 6 -. Substances of jurisdiction of the Court of State Security will be investigated by the instruction of the Civil Court of Port-au-Prince firms.

The Judge shall proceed in accordance with the Code of Criminal Investigation provided in sections 44 to 123, in the following changes: . 1 - He can not tell after being struck by an indictment of the Public Prosecutor at the Court of State Security, which acts under the authority of the Minister of Justice; 2 -. The judge, in accordance with Articles 73 to 76 of the Code of Criminal Procedure, may be transported with the Clerk on the whole territory of the Republic to carry out acts of instruction. He enjoys the respect of general jurisdiction in the circumstances, it will give a rogatory commission Magistrate any other Civil Court. . 3 - It can carry out or even at night, and in all places at all unreasonable searches and seizures. . 4 - It will invite within 48 hours of the first interview any accused to choose his Council, if necessary, it shall, ex officio appoint one for him to be chosen from among lawyers whose names will be submitted for this purpose by the Dean President of the Court of State Security. . 5 - Experts committed by him can hear directly from the defendant for information in the presence of counsel; 6 -. Council chosen by the accused or that is officially appointed by the judge only has the right to file briefs in the preliminary investigation for the defense of his client.

Article 7 -. When the instruction it appear complete, the judge shall proceed in accordance with Articles 112 to 123 of the Code of Criminal Procedure.

Article 8 -. The removal order shall be served on the defendant within 3 calendar days from the date request of the Public Prosecutor at the Court of State Security and he will be given a copy that, after transmission has been made to the Public Prosecutor at the Court of State Security with the record of proceedings and a statement of parts to conviction. At the same time, notice of the order is given to Council.

the the the the

Article 9. - In all cases where the accused is brought before the Court of State Security for offenses to bring an afflictive or infamous punishment the prosecution will be required to write an indictment pursuant to Article 177 of the Code of Criminal Procedure. . Article 10 - The indictment shall be served on the accused at least five clear days before that he must appear before the Court of State Security, he will be given a copy.

Within 24 hours of this notification, the accused will be transferred, if it is already in the House of Justice where the Court of State Security headquarters.

Article 11 -. If the accused can not be seized or does not occur, there will be against him in absentia, as provided in sections 366 to 379 of the Criminal Procedure Code.

Article 12 -. Pursuant to the order for reference, the accused or the accused will be referred, at the request of the public prosecutor to appear before the Court of State Security on a fixed day in a period of at least five full days to meet the facts charged to. At the same time, the record is made available to the counsel for the accused, who can take on-site communication. . Article 13 - Procedure Code of Criminal Instruction is applicable to trial before the Court of State Security, subject to the modifications set out below: . 1 - The summons to witnesses and experts will be given at least 48 hours before the day fixed for the hearing; . 2 - All decisions of the hearing can not be appealed to the Supreme Court at the same time as the judgment on the merits; . 3 - All incidents opposing the continuation of the investigation and trial will be attached to the bottom;

4 -. Besides the identification of the accused or the accused, the question is mandatory before the debate closed.

The accused or defendant present his defense.

Article 14 -. Discussions completed, it will read all the issues on which the Court of State Security will have to decide in the light of those resulting from the debates.

- The accused or the accused will always be the last word.

- The deliberation will take place in the Council Chamber on the spot.

- The decision will be made within forty-eight hours.

Article 15 -. Deliberation will be held according to the provisions of Articles 269 to 274 inclusive of the Code of Criminal investigation.

It will, in addition to the incoming requests on: a) the guilt of the accused or the accused; b) the aggravating circumstances; c) the legal excuses; d) mitigating circumstances.

Article 16 -.'s Judgment on the merits contain all the decisions on the incidents raised in the debate. It will set out: 1 - The names of the President, Judges and prosecutors.; 2 - The identity of the accused or defendant, as the result of the discussions.; . 3 - The offense for which he was brought before the Court of State Security; 4 - The swearing of witnesses and experts.; The submissions of the Public Ministry - 5,.

6 - sentences.; , Applied articles of the law which will be reproduced - 7.

8 - The public hearings.; 9 - Advertising reading the judgment made by the President and text applied laws.; 10 -. The warning given by the President that the convicted person has the right to lodge an appeal within three clear days prescribed by law.

The judgment was signed without interruption by the President, judges and the Registrar.

Article 17 -. The Court of State Security, having delivered by public action, to approve the requests damages filed by the plaintiff against the defendant, the parties and the prosecution agreed.

Article 18 -. If discharge or acquittal, the Court may, on motion, order the return of confiscated or seized.

Article 19 -. Recourse in cassation against the order of instruction and all decisions of the Court of State Security for the same reasons in the same manner and time prescribed by the Code of Criminal Investigation Judge.

The time and are filled suspensive.

In case of appeal, the case, if any, is returned to the Court of State Security otherwise made by order of the Dean of the Civil Court of Port-au-Prince.

Article 20 -. The sentences handed down by the Court of State Security will be executed in the form and manner specified by the Code of Criminal Procedure.

SPECIAL PROVISIONS Article 21 -. All the cases provided for in Article 2 of this Order, and untried, the Tribunal will be by State Security. There will be observed for the judgment provisions relating to the submission and oral and public education provided in this area.

Article 22 -. Except in cases of force majeure or cassation with reference, no changes can be made to the composition of the court as provided by this decree.

Article 23 -. The prosecution, the Magistrate, the President of the Court of State Security have the authority to require at any time and at any stage of research, the investigation and trial, the presence officers of the Armed Forces who have conducted investigations in the case, and any civil or military specialist at the end of information, including technical or within his specialty, to enlighten Justice.

Article 24 -. This Decree repeals all laws or provisions of laws, decrees or provisions of decrees, decrees, laws or provisions of ordinances which are contrary and will be issued and executed at the behest of the Minister of State Interior and National Defence and Minister of Justice, each in what concerns.

THIS TEXT IS FURTHER APPLICATION Decree establishing the Civil Court of Port-au-Prince called a Section COURT OF STATE SECURITY has been deleted by Article 297 paragraph B of the 1987 Constitution.

Given at the National Palace in Port-au-Prince, November 22, 1984, 181th Year of Independence.

Jean-Claude Duvalier

Extract from the International Convention signed April 21, 1980, against the taking of hostages and sanctioned by the decree of October 18, 1984 Article 1 -. Commits the offense of taking of hostages within the meaning of this Convention any person who seizes a person (hereinafter referred to as "hostage") or detains and threatens to kill, to injure or to continue to hold in order to compel a third party, namely a State, an international intergovernmental organization, a natural or legal person or group of persons, to do any act or refrain as an explicit or implicit condition the release of the hostage.

2 - is also an offense for the purposes of this Convention any person.: a) attempts to commit an act of hostage-taking, or b) an accomplice of a person who commits or attempts to commit an act of hostage-taking.

Article 2 Any part of the offenses set forth in Article I of appropriate penalties which take into account the grave nature of these offenses.

Article 10 1 -. The offenses set forth in Article I are to be included as extraditable offenses in any extradition treaty existing between States Parties. States Parties undertake to include such offenses as extraditable offenses

in every extradition treaty to be concluded between them.

2 -. If a State Party which makes extradition conditional on the existence of a treaty receives a fine for extradition from another State Party with which it is not bound by an extradition treaty, the requested State may at its option consider this Convention as the legal basis for extradition in respect of offenses under s.Extradition shall be subject to the other conditions provided by the law of the requested State.

3 -. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offenses set forth in Article I as extraditable offenses between themselves subject to the conditions provided by the law of the requested State.

4 -. Between States Parties, the offenses set forth in Article I are considered for extradition purposes as having been committed in the place in which they occurred on the territory of the States required to establish their jurisdiction in accordance with paragraph 1 Article 5.

Article 11 1 -. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings relating to offenses under Article I, including with regard to the supply of all evidence at their disposal are necessary for the procedure. . 2 - The provisions of paragraph 1 of this Article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Monitor No. 46 of June 9, 1986 - ORDER OF May 27, 1986 Specifying the legal provisions regulating the right to strike in order to adapt to the current situation: Given the proclamation of February 7, 1986 the National Council of Government; Given the message dated March 21, 1986 announcing the new composition of the National Council of Government; Pursuant to the Decree of 24 February 1984 to renew the Labour Code; Whereas it is necessary to specify the legal provisions regulating the right to strike in order to adapt to the current situation has a substantial influx of workers' demands and ensure the protection of capital and labor necessary for social peace and economic development; Whereas in accordance with the provisions of Article 8 of Convention No. 87 of the International Labour Organization on freedom of association and protection of trade union rights ratified by Haiti, employers and workers and their respective organizations are required in the exercise of the rights granted to them by the Convention, to respect the law; On the report of the Ministries of Social Affairs, Economy and Finance, Trade and Industry, Justice and after deliberation by the Council of Ministers; ENACTS: Art. 1 - The strike is a concerted stoppage of work and performed in a facility with a group of workers, in order to obtain satisfaction of claims submitted to their employers, and they are the condition of returning to work.

The lockout is the closure of a work or a suspension of work undertaken by the employer or his refusal to continue to make a difference a significant number of its employees work accordingly and that the order to force its workers to accept certain conditions.

Art. . 2 - The strike should be legal:

a) be made by a group of workers representing at least one third (1/3) of the staff but the number may be less than five (5); b) be subject to the exclusive promotion or defense of economic, professional, social or moral common workers; c) be limited to the simple fact of the suspension and abandonment of work; d) be notified to the employer by the union representing workers or their representatives and the Department of Labour at least forty-eight (48) hours before the strike becomes effective; e) occur after the formalities prescribed by law, namely the direct negotiation, conciliation and arbitration.

The lockout has to be legal: a) be limited to the temporary suspension of work ordered by the employer in a peaceful manner and with the sole intention of defending its economic, social and moral interests; b) include the total closure of the company or the institution in which it is declared; c) be notified to the affected workers through their unions or their representatives and the Department of Labour with a notice of forty-eight (48) hours.

Art. 3 -. Any strike or lockout that does not meet the requirements of sections 1 and 2 of this Decree is considered illegal.

Illegal strike allows the employer to terminate the employment contracts of striking workers without incurring any liability for him including notice of termination and without prejudice to any other legal sanctions against striking workers.

Illegal lockout allows workers to demand their immediate reinstatement or to terminate their contract with the right to receive benefits and compensation under this contract. It also imposes an obligation on the employer to resume without wasting time held jobs and pay the wages earned by its workers for the duration of the illegal suspension.

Art. 4 -. All acts of coercion and violence against persons or property occurring during any strike of any kind will be prosecuted and punished in accordance with repressive laws. On complaint of the employer, the perpetrators will be apprehended and brought before the criminal court in order to be judged according to the severity and nature of the fault, the case to be heard without postponement or rotation of judges, all cessante business and the first hearing.

Will be considered illegal lockout with the consequences of law and fact arising therefrom, any intentional act of the employer making materially impossible for workers carrying out their normal work.

Art. . 5 - The right of workers to strike and the right to lockout employers are guaranteed and protected by the State under the Act. No contract of individual or collective work may include a provision affecting the freedom of association and trade union rights, privileges that are recognized and sanctioned by the previous legislation.

Art. 6 -. This Decree repeals all decrees or provisions of decrees, laws or provisions of all laws, all decree laws or provisions of decree laws that are contrary to it, and will be issued and executed at the behest of the Ministry of Social Affairs, of Economy and Finance, Trade and Industry, Justice, each in his own behalf.

Gives the National Palace in Port-au-Prince, May 27, 1986, 183th Year of Independence.

Monitor No. 48, July 4, 1988 - decree abolishing DEATH PENALTY IN ALL SUBJECTS Given the Proclamation of June 20, 1988 Military Government; Given the Decree of 20 June 1988 on the dissolution of the Senate and the Chamber of Deputies;

Having regard to Articles 7, 12, 13, 14, 55 of the Penal Code; Given the principles of the Universal Declaration of Human Rights of 10 December 1948 to ensure the effective realization of all human rights; Whereas one of the main objectives of any government is to strengthen national unity that can only be enhanced by the observance and promotion of human rights and fundamental freedoms; Whereas the most sacred of human rights is the right to life and therefore it is necessary for the Government of the Republic to express its commitment to strict compliance with the law, according to the recommendations of the International Covenant on Civil civil and political; On the report of the Minister of Justice and after deliberation by the Council of Ministers; ENACTS Art. 1 -. The death penalty is and remains abolished in all subjects.

Art. . 2 - Section 7 of the Penal Code to read as follows: . "Article 7 - The penalties both afflictive and infamous are: 1) to life imprisonment; 2) hard labor; 3) The detention; 4) imprisonment in a house of correction. " Art. . 3 - In all the laws in force on the death penalty, this penalty is replaced by that of penal servitude for life.

Art. 4 -. Sentences to the death penalty incurred before June 20, 1988 and not yet executed are automatically converted into sentences to hard labor for life.

Art. 5 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws or provisions of decree laws that are contrary to and will be issued and executed at the behest of the Minister of Justice.

Given at the National Palace in Port-au-Prince, July 4, 1988, the 185th Year of Independence.

Monitor No. 4 January 14, 1988 - ORDER SETTING CONDITIONS OF OWNERSHIP OF OWNERSHIP AND USE OF FIREARMS, AMMUNITION, EXPLOSIVES AND OTHER CATEGORIES OF DANGEROUS WEAPONS TELL THE NATIONAL TERRITORY Having regard to Articles 52, 52-1, 52-2, 268, 268-1, 268-2, 268-3, 285, 285-1 of the Constitution; Given the proclamation of February 7, 1986 the National Council of Government; Given the Decree of 7 February 1986 dissolution of the Legislative Chamber; Given the message dated April 13, 1987 announcing the new composition of the National Council of Government; Pursuant to the Law of 23 December 1922 on trade, acquisition, possession and use of firearms;

Given the Decree of 10 July 1987 laying down the General Regulations of the Armed Forces of Haiti; Considering the provisions of the Penal Code; Whereas the control of firearms, ammunition, explosives and other types of so-called dangerous being in the country weapons is the sole responsibility of the Armed Forces of Haiti; Whereas it is necessary to determine the conditions of ownership, possession and use of these weapons, and to harmonize with the new regime created by the Constitution; On the report of the Ministries of Interior and National Defense, and Justice; And after deliberation by the Council of Ministers; ENACTS: Art 1 -. Armed Forces of Haiti have a monopoly on the manufacture, import, export, use and possession of weapons of war and munitions and war material . They also have the responsibility for monitoring any firearm, related ammunition and any destructive device located on the national territory.

Art. . 2 - For the purposes of this Decree, the term "firearm" means: a) any weapon designed to or may be modified to launch a projectile or liquid ignited by the action of an explosive. b) any carcass or cannon firing mechanism of the weapon mentioned in paragraph (a) above. c) accessory used to reduce the detonation of the firearm.

Art. Means the purposes of this Decree, the term "destructive device" - 3. a) any explosive, incendiary device or toxic gases such as: bomb, grenade, rocket, mine, Molotov cocktails, etc.. b) any combination of accessories made for or intended for use in converting any device into destructive device as described in paragraph (a) above or from which a destructive device may be readily manufactured.

Art. 4 -. Everyone can, within the limits of his home for his own defense, own a firearm of the type and class of weapons described below. However, the detention must be reported to the police. They are: a) handguns revolver or pistol whose caliber does not exceed 45 inches or 11 mm43 and pulling piecemeal. b) guns or rifles following sizes: GA .12, .16 GA, GA .20, .410 GA. c) rifles and pistols compressed air.

Art. 5 -. Residents can also have their recreational and sporting needs of .22 caliber rifles, .30 and 7.62.However, these guns will be kept on the venues and under the strict control of the Armed Forces of Haiti.

Art. . 6 - everyone within the territory and wants to capture a gun with corresponding ammunition, must first, satisfy the following conditions: a) be at least 18 years of age b) obtaining an express permission from the police.

Art. 7 -., Possession even home weapons, ammunition Wearing firearms and destructive devices are strictly prohibited in the country to any person if it has a license or s it is specifically authorized by the Police.

Violators will be punished with imprisonment not exceeding five (5) years and a fine not exceeding five thousand (5000) gourds, pronounced by the Correctional Tribunal.

Art. 8 -. Acquisition, ownership, possession or use of automatic weapons of any class whatsoever is strictly prohibited.

By automatic weapon means any firearm capable of firing more than one shot in a single trigger pull.

Art. 9 -. Acquisition, ownership, possession or use of ammunition are limited to those appropriate to the types of weapons allowed. However incendiary bullets and explosive type are prohibited.

Art. 10 -. Anyone wishing to import, buy, sell firearms, ammunition and explosives must have a license issued by the High Command of the Military Forces of Haiti.

Art. 11 - Applications for licenses to port to fire weapons as well as the declaration of home possession of weapons themselves must be sent by letter to the High Command of the Armed Forces of Haiti through the Chief of Police of the community of persons who must indicate the type, make and caliber of the weapon and the amount and type of unwanted or already own ammunition.

Art. 12 - The licenses for port firearms and possession of ammunition will, upon approval of the High Command of the Armed Forces of Haiti, issued by the Chief of Police of the place of residence of the person, upon payment of the fee thereto.

Those for civil servants will be issued to agencies who take responsibility. However, individual special licenses will be granted by the Chief of Police officers to carry weapons to the request of the interested organization.

These provisions extend to private companies.

Art. 13 -.'s License to carry firearms is valid for a fiscal year. It must always be in possession of the benefit that will occur whenever required Police.

The renewal of the license is to be issued.

Art. 14 -. Upon promulgation of this Decree, all holders of firearms and ammunition whose descriptions do not correspond to those laid down in Article 4 of this Decree shall, within a period not exceeding forty-eight (48 ) hours, give these weapons and ammunition to the police of their place of residence.

Art. 15 -. This Decree repeals all laws or provisions of laws, all decrees or provisions of decrees, all decree laws that are contrary to it and will be issued and executed at the behest of the Ministers of Interior and National Defense, and of Justice, each in his own behalf.

Given at the National Palace in Port-au-Prince, January 12, 1988, the 185th Year of Independence.

ORDER AMENDING CERTAIN PROVISIONS OF LAW NO. 4 PENAL CODE Art. 1 -. The death penalty was prescribed in politics in Sections II and III of the Act No. 4 of the Criminal Code is replaced by detention.

Art. 2 -. Detention is and infamous punishment for repression of political crimes.

Art. 19 (bis) Penal Code) -. Anyone of either sentenced to the custody of the same sex will be detained in a prison for at least ten years and twenty years.

Art. 63 (a) (Criminal Code) - Is now reads.: Attacks and plots whose purpose is to undermine the lives of members of the Executive Branch shall be

punished with imprisonment. The penalty is five years.

Attacks and plots whose purpose is to undermine the life of a member of the Power of the State, a high civil servant or any member of the Armed Forces of Haiti shall be punished with imprisonment. The penalty is at least ten years and twelve years.

Art. . 64 (Criminal Code) - Is now reads as follows: Attacks and plots whose purpose is to destroy the political institutions or change the Government, to excite the citizens or residents to arm themselves against the authority of the Head of State shall be punished with imprisonment. The penalty is at least ten years and fifteen years.

This Decree repeals all laws or provisions of laws, decrees or provisions of decree-laws, decrees or provisions of decrees are contrary and will be issued and executed at the behest of State Ministries of Justice, Presidency, Information and Public Relations and the Ministry of Interior and National Defense.

Given at the National Palace in Port-au-Prince, September 23, 1985. 182nd year of Independence.

Jean Claude Duvalier