Unofficial Translation
LAW N 째 5 - 2009 of September 22, 2009 On corruption, bribery and fraud and related offenses in Republic of Congo NATIONAL AND DELIBERATE AND SENATE HAVE PASSED ASSEMBLY; THE PRESIDENT OF THE REPUBLIC OF THE LAW ENACTED THE CONTENT FOLLOWS; Article: The corruption and corruption-related offenses following committed intentionally, are the responsibility of the Congolese national courts when: -the offense is committed in the national territory or when one of its components is committed on the national territory; -the offense is committed on board a vessel flying the Congolese flag or an aircraft registered Congo; -the offense is committed against a Congolese national or a national Congolese even abroad or a foreign person benefiting immunity located on Congolese territory; -the alleged offender is on Congolese territory and is not extradited to another country; -the offense, although committed outside the Congolese territory, affecting the vital interests of the Congolese State, or where the consequences or adverse and harmful effects of these violations have an impact on the Congolese state; -the offense is committed against the Congolese state. Chapter I: offenses and penalties Section 1: From Corruption Article 2: are the acts of corruption, improper data or commissions received by persons entrusted with public or private office as well as the actions of these when they meant or breach of duties arising out of their public officer, employee of the private, independent agent, or obtaining illegal benefits of any nature whatsoever, for themselves or others. Article 3: shall be punished by imprisonment of two to ten years and a fine of twice the value promises approved or things received or requested, without that fine is less than one million CFA francs 1. The fact that any person holding an elective office, public servant of the order administrative or judicial, military or similar, agent or employee of a government placed under the control of the public authority, or a citizen charged with a public service mission solicit or accept offers or promises, solicit or receive gifts or presents, to do or refrain from doing an act of office or employment, fair or not, but not subject to salary;
2. the fact that any arbitrator or expert appointed either by the parties, any juror, solicit or accept offers or promises, solicit or receive gifts or presents, to make a decision or give a favorable or unfavorable opinion in part; 3. the fact that a physician, surgeon, dentist, midwife, nurse, or more generally, anyone from medical or paramedical professions or health sector, solicit or receive gifts or presents, to certify false or conceal the existence of disease or infirmity, or pregnant or provide guidance lying about the origin of a disease or disability or cause of death. Article 4: shall be punished by imprisonment of one to three years and a fine of 600,000 to 6,000,000 CFA francs 1. the fact that a person who manages or is a shareholder of a private sector entity or works for such an entity, in any capacity whatsoever, employed or paid under any shape, or has a contract service provider for the execution of a diligence on behalf of the entity, solicit or accept offers or promises to solicit or receive donations, gifts, commissions, discounts or premiums directly or indirectly, for himself or for another person to do or refrain perform any act in breach of their duties; 2. the fact that any member of a profession and other professions not covered expressly qualified by this law without law, will directly or indirectly requested or approved offers or promises or received donations, gifts, commissions, discounts or premiums to do or refrain from doing an act in the exercise of its function. Article 5: shall be punished by imprisonment of one to three years and a fine of 400,000 to 10 million CFA francs, the fact that anyone referred to in paragraph 1 of Article 3 above, solicit or receive gifts or presents, to facilitate its function or by service it provides, the performance or forbearance of an act which is not within its personal responsibilities. Article 6: shall be punished by imprisonment of six months to two years and a fine of200,000 to 4,000,000 CFA francs, the fact that anyone referred to in paragraph 1 of Article4 above, solicit or accept offers or promises, solicit or receive donations or present, to facilitate its function or service that ensures the fulfillment or abstention from an act which is not in his personal responsibilities. Article 7: shall be liable to the same penalties as those referred to in Articles 3, 4, 5, 6 and 12 of the this Act as applicable, set against a corrupt person, the fact that anyone particular public official, officer or shareholder of a private sector entity, an employee of a such entity in any capacity whatsoever and paid in any form or service provider running a market for the benefit of the entity or, more generally, any person of civil society, use of promises, offers, gifts or presents, or transfer to stresses tending to corruption, even if he does not take the initiative, that corruption has or not its effect, to obtain for himself or for another person, or performing or refraining from any act, an favors or benefits under the Articles 3 and 12 of this Act. Article 8: shall be liable to the same penalties as those referred to in Article 3 paragraph 1 of the this Act: 1. the promise, offering or giving to a foreign public official or an official a public international organization, directly or indirectly, of an undue advantage, for himself or for another person or entity, in order that the official act or refrain to perform an act in the exercise of his official duties, in
order to obtain or retain business or other improper advantage in connection with trading activities international; 2. the fact that a foreign public official or official of an international organization public, solicit or accept, directly or indirectly, of an undue advantage, for himself or another person or entity to perform or refrain from performing an act in the exercise of his official duties. Section 2: bribery Article 9: Any officer or public officer, any collector of fees, contributions or public funds, their clerks or servants who have received required or ordered to receive Rights for taxes, contributions or money or for wages or salaries they knew not be due or exceed what was due to be punished, namely: -officials, public officers or collectors, to imprisonment of two to ten years and their clerks or servants, to imprisonment for one to five years and in both cases, fine of 200,000 to 20,000,000 CFA francs be pronounced; the foregoing provisions shall apply to clerks and judicial officers when the offense was committed in revenues which they are responsible under the law: -will be punished the same way every holder of public authority shall order direct or indirect contributions other than those authorized by law, any officer, officer or employee who establish roles and will recover; -the same penalties shall apply to holders of public authority, in a form any and for any reason whatsoever, will, without legal authorization, granted exemptions or franchise law, taxes and public charges or will be made free the delivery of products of state institutions; -beneficiaries shall be punished as accomplices in the cases provided for in this Article, attempt of the offense shall be punished as the crime itself. Section 3: fraud Article 10: To be convicted of fraud and sentenced to imprisonment of one to five years and a fine equal to at least twice the value of cash, of the benefit or evaded duties, any person who, to obtain material or moral undue advantage will: -or by the use of deception, artifice or unfair means, changed circumstances is a product, commodity or merchandise to catch the consumer's consent; -or by some trick, evaded the payment of the duties imposed on a product, commodity or commodity to escape the law or tax regulations. Section 4: Offences assimilated Subsection 1: From the extortion Article 11: shall be liable to the same penalties as those referred to in Articles 3 and 12 of this law against the corrupt person, the fact that any person to use assault, violence, threats of violence or coercion, or that these maneuvers have not taken effect for obtain either the completion or fulfillment of abstention from an act or one of favors or benefits under sections 3 and 12 of this Act.
Sub-section 2: influence peddling Article 12: shall be punished by imprisonment for one year and month to five years and a fine double the value of the promise approved or things received or requested, without that such fine may be less than one million CFA francs, the fact that a person solicit or accept offers or promises, solicit or receive gifts or presents or any other undue advantage, directly or indirectly, for himself or for another person to abuse his real or supposed influence with a view to obtaining or attempting to to obtaining from an administration or public authority of decorations, medals, distinctions or awards, places, functions or jobs, or more contracts generally favorable decision or any other undue advantage. Article 13: shall be punished by imprisonment of two years and six months at most and same penalty as provided for in Article 12 of this Act, the fact that anyone invested an elective office, official, military or equivalent or a responsible citizen Ministry of public service abusing the real or supposed influence that gives it its mandate or quality without having received or seek an unfair advantage. Article 14: shall be liable to the same penalties as those referred to in Article 12 of this Act, the fact for anyone to give in to demands stipulated in the preceding article or promise, offer or grant without the right, directly or indirectly to a public official or any other person donations, gifts or other undue advantage in order that said agent or person abuse his real or supposed influence with a view to obtaining from an administration or a public authority decorations, medals, honors or awards, squares, functions or jobs, markets or more generally any other favorable decision or unfair advantage. Subsection 3: subtraction, misappropriation or other diversion of property by public officials or any other person Article 15: shall be punished by imprisonment for a minimum term of five years and a maximum of ten years without benefit of the product of the work, if things diverted, dissipated, subtracted or defrauded are worth more than 50 million CFA or to imprisonment for at least one year and up to ten years if the value is less than 50 million CFA francs, the fact that any agent or employee of a legal person public or any other person to remove, divert or fraudulently dissipate purposes unrelated to those for which they are intended, for his own benefit or that of an institution or a third party all or part of public or private funds, or effects securities in lieu property or anything else of value which he is responsible for his functions, or to fraudulently to deliver or deliver to another party such moneys or effects or against-value goods; Will also be subject to the penalties provided in the preceding paragraph for any person who process the establishment of off-book accounts, off-books or inadequately identified, recording of nonexistent expenditures, entry of liabilities which the object is not correctly identified and the use of false documents in order to corrupt public officials or private sector individuals or of hiding such bribery. In all cases, it will also ruled against convicted a fine of maximum will all refunds, compensation or damages, and the minimum, quarter.
Subsection 4: abuse of social goods Article 16: shall be liable to the penalties provided in section 3 of this Act, the fact that the leaders of corporations, the limited liability companies or partnerships people who in good faith, are goods or credit company use they know contrary to the interests of the latter, for personal purposes or to promote another company or company in which they are directly or indirectly interested. Subsection 5: abuse of office Article 17: shall be liable to the penalties provided in section 12 of this Act, the fact that a public official to perform or refrain from performing, in the exercise of his functions, act in violation of laws and regulations to obtain an undue advantage for himself or for other person or entity. Subsection 6: illegal interest or advantage taken in an act Article 18: shall be punished by imprisonment of at least six months and up to two years and shall be sentenced to a fine that may not exceed the total of refunds and compensation or be below the quarter, the fact that any officer, public officer, agent public or any person holding an elected office or discharging a public service mission public, either directly or indirectly, shall, during the performance of his duties or within two years of the termination thereof, taken, received or kept, advantage or any interest in the proceedings, auctions, businesses, agencies or any other operation he is or was, in whole or part of the administration or control of the offenses covered by this Act and which have sanctioned subsequent penalties may, in addition, say, as an additional penalty, one or more of the following measures: ban it, in whole or in part, to exercise civil, civic and family planned Penal Code for a period not exceeding five years; it permanent exclusion or for a fixed term which shall not be less two years while abroad; it permanent ban or a specified period of not less than two years to practice on the occasion of which the offense was committed; -decay in the course of commercial activities and the removal from the register Trade and Property Credit Register; it barred from participating in public procurement, directly or indirectly, including for companies in which the condemned would interest. Section 2: seizures, confiscations or gels Article 26: To be seized, frozen or confiscated in favor of the Treasury, income or property from offenses covered by this Act and the products of their processing or conversion. For the purposes of these measures, the courts may Order without the opposite bank secrecy, the production or seizure of documents banking, financial or commercial. Chapter III: The liability of legal persons Article 27: legal persons other than the State, on behalf or for whose benefit offenses under this Act has been committed by one of their organs or legal representative, will be held criminally liable and will therefore be punished a fine equal to ten times that provided for by law for individuals. They may also be applied the following additional penalties:
-banned permanently or for a period of at least two years to exercise directly or indirectly certain professional activities; definitively closed or for a period of at least two years of their establishments used to commit the offense; dissolution-when it appears they were created to commit offenses sanctioned; -barred from participating in public procurement directly or indirectly including companies in which they have direct or indirect interests for the duration minimum of twenty years. Chapter IV: Final Provisions divided and Article 28: The sentences against those convicted of such offenses this Act shall be imposed, without prejudice to the application of disciplinary sanctions administrative expenditures for each trade. Article 29: The penalties provided for in Article 22 of this law, the sponsors, instigators, accomplices of any deception or conspiracy to commit any criminal offense under this Act. The attempt of one or other of the offenses under this Act shall be punishable by punishment of the offense itself. Article 30: The penalties provided by this Act does not prevent the opening of the civil action by people who consider themselves to be prejudiced by the offenses covered by this Act, for the repair of this damage under the provisions of Article 2 of the Code of Criminal Procedure. Article 31: following may exceptionally be extenuating circumstances and cause applying any suspension, the fact that the perpetrators, conspirators, accomplices, or fences in framework of offenses under this Act, to return spontaneously, all or at least half of the object of the offense, or its value against-or reveal the offense allowing the identification, arrest and prosecution of the perpetrators or those involved. Article 32: This law, which repeals all previous provisions will registered and published in the Official Gazette and enforced as state law. Done in Brazzaville September 22, 2009