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"New Article 165: During hearings, the public
must be careful not to disturb the serenity of the debates and
therefore switch off the control devices.
communication electronic portable, to avoid
to externalize his reaction by whispers, cries
and applause or even by facial expressions. "
"New Article 166: Anyone who violates
present provisions may be expelled from the room
hearing and may be placed under arrest, by decision of the
President of the court formation.
“Title V new: Miscellaneous and final provisions. "
Article 4: This law will be registered, published according to
emergency procedure and executed as state law.
Done in Libreville, July 11, 2019
By the President of the Republic,
Head of state
Ali BONGO ONDIMBA
The Prime Minister, Head of Government
Julien NKOGHE BEKALE
The Minister of State, Minister of the Interior, of Justice,
Keeper of the Seals
Edgard Anicet MBOUMBOU MIYAKOU
Minister of Public Service, Innovation,
Public Service and Labor
Madeleine BERRE
Minister of State, Minister of Budget and Accounts
Public
Jean Fidèle OTANDAULT
__________________
Law n ° 042/2018 of 05 July 2019 on the Penal Code
The Senate deliberated and adopted,
The Constitutional Court declared that it conforms to
the Constitution ;
The President of the Republic, Head of State,
promulgates the law, the content of which follows:
BOOK ONE: OFFENSES,
PUNISHABLE PEOPLE AND PENALTIES
TITLE I: GENERAL PROVISIONS
Article 1 st : The law classifies offenses following their
seriousness in crimes, misdemeanors and contraventions.
It determines the crimes and misdemeanors and fixes the
penalties applicable to their perpetrators.
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4.laws relating to the limitation period for public action
and the prescription of penalties when the prescriptions
are not acquired.
Article 8: Laws relating to nature and cases
opening of remedies as well as the deadlines within
which they must be exercised and the quality of
persons admitted to fill, are applicable to
appeals against decisions pronounced after
their entry into force.
Appeals are subject to the formal rules in
in force on the day they are exercised.
Article 9: The immediate application of the new law is
without effect on the validity of acts performed under
the authority of ancient law.
However, the penalty ceases to be executed.
when it has been pronounced for a fact which, by virtue of
of a law or a regulation subsequent to the judgment, has
more the character of a criminal offense.
Article 10: Gabonese criminal law is applicable to
offenses committed on the territory of the Republic.
The offense is deemed to have been committed in the territory
of the Republic when one of its constitutive facts has
took place in this territory.
The territory of the Gabonese Republic includes
the maritime and air spaces linked to it.
Article 11: Gabonese criminal law is applicable to
offenses committed on board flagged vessels
Gabonese, or against such vessels or persons
on board, wherever they are.
Article 12: Gabonese criminal law is applicable to
offenses committed on board registered aircraft
in Gabon, or against such aircraft or
people on board, wherever they are
find.
Article 13: Gabonese criminal law is applicable to
anyone who is guilty as an author or
accomplice in the territory of the Republic, of a crime or
a crime committed abroad if the crime or misdemeanor is
punished both by Gabonese law and by foreign law
and if it has been established by a final decision of the
foreign jurisdiction.
Article 14: Gabonese criminal law is applicable to all
crime or misdemeanor committed by a Gabonese outside the territory
of the Republic if the facts are punishable by law
of the country where they were committed.
This article applies when
even that the accused or the accused would have acquired the
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definitely abroad for the same facts and, in
case of conviction, that the sentence has been served or
prescribed.
TITLE II: CRIMINAL LIABILITY
Article 22: No one is criminally responsible except for his
own done.
Article 23: Legal persons, excluding
State, are criminally responsible for offenses
committed, on their own behalf, by their organs or
representatives.
Criminal liability of legal persons
does not exclude that of natural persons authors or
accomplices of the same facts.
Article 24: There is no crime or misdemeanor without
intention to commit it.
However, when the law so provides, there is an offense
case of deliberate endangerment of the person of another.
There is also an offense, when the law so provides,
in the event of recklessness, negligence or
breach of an obligation of prudence or
security, if it is established that the perpetrator did not
performed the normal diligence taking into account, if
the nature of its missions or functions,
of its skills as well as of the power and resources
that he had.
In the case provided for by the preceding paragraph, the
natural person who has not directly caused the
damage, but who created or helped to create the
situation which allowed the damage to occur or which
has not taken measures to prevent it, is
criminally liable if it is established that she has violated
obviously deliberately an obligation
particular care or safety, or committed a
serious misconduct which exposed others to a risk of
a particular gravity that she could not ignore.
There is no fine in case of force
major.
Article 25: The attempt is punishable like the
commission of the fact itself.
Article 26: The attempt is made when,
manifested by a commencement of execution, it has
been suspended or failed in effect only because of
circumstances beyond the control of its author.
The attempted crime is considered the
same crime.
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commanded by the necessity of self-defense of itself
themselves or others, unless there is a disproportion between the
defenses employed and the seriousness of the breach.
The person is not criminally responsible
who, to interrupt the execution of a felony or misdemeanor
against property, performs an act of defense, other than
intentional homicide, when this act is strictly
necessary for the purpose pursued and that the means employed
are proportionate to the seriousness of the offense.
Article 35: Is not criminally responsible the
person who, in the face of present or imminent danger or
unjustified harm that threatens itself, others or
property, performs an act necessary to safeguard
the person or property, unless there is a disproportion between
the means employed and the level of the threat or
seriousness of the breach.
Article 36: Is presumed to have acted in a legitimate state
defense, the one who performs the act:
-to repel, at night, break-ins, escalation,
violence or cunning in an inhabited place or dependencies
of such a place;
-to defend against the perpetrators of theft or
looting carried out with violence.
Article 37: When the offender was affected,
at the time of the commission of the facts, a disorder
psychic or neuropsychic, jurisdiction
instruction or judgment may, on requisitions of the
Public prosecution, when the perpetrator's condition is such
endanger public order or the safety of
people order her placement in a
specialized establishment.
Its exit is ordered by the jurisdiction of the place
placement, seizure on requisition of the Public Prosecutor's Office
near this jurisdiction.
TITLE IV: PENALTIES
Article 38: For the purposes of ensuring the protection of
company, to prevent the news commission
offenses and restore social balance, in the
respect for the interests of the victim, the penalty is
functions:
-to sanction the perpetrator of the offense;
-to promote its amendment, insertion or
reintegration.
Article 39: When the law or regulation represses a
offense, the system of penalties that may be
pronounced obeys, except legislative provisions
contrary to the rules of this chapter.
Article 40: Any penalty must be individualized.
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on aggravating circumstances for some
offenses.
Section 3: Correctional penalties alternative to
imprisonment
Article 47: When an offense is punishable by a penalty
imprisonment or a fine as a result of
principal, the trial court may substitute for the
imprisonment or a fine, one or
several alternative penalties.
Constitute alternative penalties to the penalty
imprisonment or a fine:
-work of general interest;
-privative or restrictive penalties for certain rights;
-the sanction-reparation.
Article 48: The sentence of community service consists of
in the accomplishment by the condemned, for a
duration of at least twenty hours to two hundred and eighty
hours at most, of community service not
remunerated for the benefit of either a legal entity
public, or a legal person governed by private law
a public service mission or an association
empowered to carry out works of general interest.
The penalty of community service cannot be
pronounced against the accused who refuses it or who is
not present at the hearing. The president of the tribunal, before
the pronouncement of the judgment, informs the defendant of his
right to refuse the performance of work of interest
general and receives his response.
Article 49: Private or restrictive penalties
certain rights relate to or consist of:
1. the suspension, for a period of five years at most, of the
driver's license, this suspension may be
limited, according to modalities determined by decree, to the
driving outside of professional activity; this
limitation is not however possible in the event of an offense for
which the suspension of the driving license, incurred at
as an additional penalty, cannot be limited to
driving outside of professional activity;
2.the ban on driving certain vehicles during
a term of five years at most;
3.the cancellation of the driving license with prohibition
request the issuance of a new permit during
five years at most;
4.the confiscation of one or more vehicles
belonging to the condemned;
5.the ban on holding or wearing, for a period of
of five years at most, a weapon subject to authorization;
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The execution of the repair is noted on
minutes signed by the parties and the Public Prosecutor
Republic or its delegate.
These minutes are sent to the chairman of the
court or to the magistrate he delegates for apposition of
its stamp and signature, and classified as minutes
of the court registry. It is an enforceable title.
Article 52: When pronouncing the penalty
repair, the court fixes the maximum duration of
the imprisonment applicable in the event of non-performance of the
repair. The penalty-compensation can be cumulative
with a fine.
If the offense is punishable only by a penalty
fine, the court fixes only the amount of
the fine which may not exceed 10,000,000 of
frank.
The president of the court notifies the
sentenced after delivery of the decision.
The penalty of reparation can be
applied, for correctional offenses, to
directors of companies and legal persons.
Article 53: Imprisonment cannot be pronounced
cumulatively with one of the custodial sentences or
restrictive rights provided for in article 49 of this
Code, nor with the penalty of community service.
Article 54: When he pronounces one or more of the
penalties provided for in Articles 59, 79 to 95 of this
Code, the court may set the maximum duration of
imprisonment or the maximum amount of the fine
which the sentencing judge can order
implementation in whole or in part, under the conditions
provided for by the Code of Criminal Procedure or the texts
special rules governing the application of penalties in the event that
the convicted person does not respect the obligations or
prohibitions of the decision. The president of the court
notify the convicted person of this after the decision has been handed down.
Article 55: Imprisonment or the fine fixed by the
jurisdiction cannot exceed the penalties incurred for the
offense for which the conviction is pronounced nor those
provided for in article 52 of this Code. When it is done
application of the provisions of this article,
provisions of article 132 of this Code are not
then not applicable.
Section 4: Additional penalties incurred for
certain crimes or misdemeanors
Article 56: When the law so provides, a crime or
offense may be punished with one or more penalties
complementary which, affecting natural persons,
entail prohibition, revocation, incapacity or withdrawal
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cases where the law provides that the recurrence of the
contravention constitutes an offense.
Article 62: For all contraventions of the
fifth class, one or more custodial sentences
or restrictive of the following rights may be
pronounced:
1. the suspension, for a period of one year at most, of the
driver's license, this suspension may be
limited to driving outside the activity
professional. However, this limitation is not
possible in the event of a contravention for which the
driving license suspension incurred as a result of
additional penalty, cannot be limited to the
driving outside of professional activity;
2. immobilization, for a period of six months at most,
one or more vehicles belonging to the convicted person
having served in the commission of the offense;
3. the confiscation of the property used for the commission of
the offense;
4.the ban, for a period of one year at most,
to issue checks other than those which allow the
withdrawal of funds by the drawer from the drawee or those who
are certified and use payment cards;
5.the confiscation of property which was used or was intended for
commit the offense or the thing that is the offense
product. However, this confiscation cannot be
pronounced in matters of press offense.
Article 63: The penalty of fine cannot be pronounced
cumulatively with one or more of the sentences
restrictive or restrictive of rights listed in
articles 56, 79 to 92 of this Code.
Article 64: For all contraventions of the
fifth class, the court can pronounce instead
or at the same time as the penalty of fine, the penalty of
sanction-reparation as provided for in article 50 below
above.
In this case, the court fixes the amount
maximum of the fine which cannot exceed 100,000
francs, which the sentencing judge can
order the execution in whole or in part within
conditions contained in the decision if the convict
does not fulfill the obligation of reparation.
Article 65: The law or the regulation which represses a
contravention may provide, when the culprit is a
natural person, one or more of the penalties
additional following:
1. the suspension, for a period of three years at most, of the
driver's license, this suspension may be
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property, confiscation may only relate to such property
competition from the estimated value of this product.
Confiscation can also relate to any property
movable or immovable defined by law or regulation which
punishes the offense.
Article 70: If it is a felony or an offense punishable by
less than five years' imprisonment and having obtained
direct or indirect profit, confiscation also carries
on movable or immovable property, whatever the
nature, divided or undivided, belonging to the condemned or,
subject to the rights of the bona fide owner, including
he has free disposal, when neither the condemned, nor the
owner, able to explain the property
whose confiscation is envisaged, could not justify
lawful origin.
Article 71: When the law which punishes the crime or the
offense provides for it, confiscation can also relate to any
or part of the property belonging to the convicted person or, under
reserves the rights of the owner in good faith, of which he has
free disposal, whatever the nature, furniture
or immovables, divided or undivided.
Confiscation is mandatory for items
qualified as dangerous or harmful by law or
regulation, or the possession of which is unlawful, that these
may or may not be the property of the convicted person.
Article 72: The additional penalty of confiscation
applies under the same conditions to all rights
intangibles, whatever their nature, divided or undivided.
Article 73: Confiscation may be ordered by
value. Confiscation in value can be executed on
all property, whatever its nature, belonging to the
condemned or, subject to the rights of the owner of
good faith, of which he has free disposal. For the
recovery of the sum representing the value of
the thing confiscated, the provisions relating to the
constraint by body are applicable.
Article 74: The thing confiscated is, unless otherwise provided
particular providing for its destruction or attribution,
vested in the State, but it remains encumbered, to
competition of its value, real rights lawfully
set up for the benefit of third parties.
When the thing confiscated is a vehicle which
was not seized or impounded during the
procedure, the condemned must, on the injunction which it in
is made by the Public Prosecutor's Office, hand over this vehicle to the
service or organization responsible for its destruction or
his alienation.
Article 75: The court which pronounces the penalty of
community service sets the period during which the
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5. the right to be tutor or curator. This ban
does not exclude the right, after the assent of the judge of
guardianship, after hearing the family council, to be guardian or
curator of his own children;
6. the right to carry a weapon;
7.the right to vote and suffrage in the deliberations of
family.
Article 80: The prohibition of civic, civil and
family can not exceed a period of ten years in the event
conviction for a felony and a period of five years in
case of conviction for misdemeanor.
The court may pronounce the prohibition of
all or part of these rights.
Prohibition of the right to vote or ineligibility
pronounced in application of this article shall prevail
prohibition or inability to perform a function
public.
Article 81: When incurred as a penalty
complementary for a felony or misdemeanor, the prohibition
to exercise a public function or to carry out an activity
professional or social is either final or
temporary. In the latter case, it cannot exceed one
five-year term.
Article 82: Prohibition from exercising a profession
commercial or industrial, to direct, administer,
manage or control for any reason whatsoever,
directly or indirectly, for its own account
or on behalf of others, a commercial enterprise
or industrial or a commercial company is either
definitive or temporary. In the latter case, it does not
may exceed a period of fifteen years.
This prohibition is not applicable to
the exercise of an elective mandate or responsibilities
unions. It is also not applicable in matters
press offense.
Article 83: Prohibition to exercise an activity
professional or social can relate either to the activity
professional or social in the exercise of which or
on the occasion of which the offense was committed, either
on any other defined professional or social activity
by the law which punishes the offense.
Article 84: When the prohibition to exercise all or
part of the rights listed in article 79 above, or
prohibition from holding public office or
professional or social activity, accompanies a
custodial sentence without a suspended sentence, it
applies from the beginning of this sentence and its
execution continues, for the period set by the decision
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1. a foreigner who can justify by all means residing at
Gabon usually since he or she was older
thirteen years old;
2. a foreigner who has resided regularly in Gabon for
over twenty years;
3. a foreigner who has resided regularly in Gabon for
more than ten years and who has been married for at least four
years with a Gabonese national who retained the
Gabonese nationality, provided that this marriage is
prior to the events leading to his conviction and that
the community of life has not ceased since the marriage
or, under the same conditions, with a national
foreigner referred to in the first indent above;
4. a foreigner who has resided regularly in Gabon for
more than ten years old and who is the father or mother of a child
Gabonese minor residing in Gabon, provided that he
establish an effective contribution to the maintenance and
the education of the child under the conditions provided for by the
Civil Code since its birth or since
less than a year;
5. a foreigner who resides in Gabon by virtue of a
stay recognizing him the status of refugee or stateless person.
The provisions set out in points 3 and 4 below
above are not, however, applicable when the facts
at the origin of the conviction were committed
against the spouse or children of the foreigner or
any child over whom he exercises parental authority.
The provisions of this article are not
applicable to attacks on internal security or
outside the Gabonese state, nor to acts of terrorism,
nor to offenses relating to counterfeit money,
planned cross-border crime and money laundering
by this Code.
Article 90: The penalty of the stay ban may be
limited to the prohibition of appearing in certain places
determined by jurisdiction. It comprises, in this case,
surveillance measures. The list of prohibited places
as well as monitoring measures can be
amended by the judge responsible for the enforcement of sentences,
under the conditions set by the Code of Procedure
Criminal.
Article 91: The prohibition of stay in certain places
may exceed a period of ten years in the event of
conviction for a felony and a period of five years in
case of conviction for a misdemeanor, except where the law in
provides otherwise.
Article 92: When the ban from Gabonese territory
or the residence ban is pronounced with a penalty
deprivation of liberty, its execution is deferred
during the execution of the prison sentence for
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2. community service can, for convicts
employees, be combined with the legal working hours;
3.the associations mentioned in
first paragraph of article 48 of this Code.
Chapter II: Penalties applicable to persons
moral
Section 1: Criminal and correctional penalties
Article 96: Criminal or correctional penalties
incurred by legal persons are:
-the fine;
-the sanction-reparation;
-the penalties listed in article 98 below.
Article 97: The fine applicable to legal persons
is equal to five times the fine provided for
natural persons by the law punishing the offense.
In the case of a crime for which no
fine is not foreseen against people
physical, the fine incurred by legal persons
is 500,000,000 francs at most.
Article 98: When the law so provides against a
legal person, a felony or misdemeanor may be
sanctioned with one or more of the following penalties:
1. the dissolution, when the legal person has been created
or diverted from its purpose to commit the facts
incriminated and when it is a matter of a felony or an offense
punished with regard to natural persons of a
imprisonment for three years or more;
2. the ban, permanently or for a period of
five years at most, to exercise directly or indirectly
one or more professional or social activities;
3. placement, for a period of five years at most, under
judicial oversight;
4. definitive closure or for a period of five years
at most, one or more establishments of the company
having been used to commit the incriminated acts;
5.exclusion from public contracts definitively or
for a temporary period of up to five years;
6.the ban, permanently or for a period of
term of five years at most, to make an offer
to the public of financial securities or to have their
financial securities traded on a market
regulated;
7. the ban, for a period of five years at most,
to issue checks other than those which allow the
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-the fine;
-privative or restrictive penalties provided for in
article 49 of this Code;
-the penalty of reparation.
These penalties are not exclusive of one or more
several of the additional penalties provided for in article
56 of this Code.
Article 102: The maximum rate of the applicable fine
to legal persons is equal to five times that
foreseen for natural persons by law or
regulation which punishes the infringement.
The law or regulation determines the
fines and sets the penalties applicable to their
authors.
Article 2: Are crimes, the offenses which the law
punishes with the penalty of criminal imprisonment in time or at
perpetuity.
Article 3: Are offenses, the offenses which the law or the
regulation punishes with the imprisonment of a
month or a fine of 100,000 francs at least
less.
Article 4: Are contraventions, the infractions that the
regulation punishes of a pain of a month
imprisonment or a fine of
100,000 francs at most, except legal provisions
special.
The criminal law is of strict interpretation.
Article 5: No one can be punished for a crime or for
an offense whose elements are not defined by law,
or for a contravention of which the elements are not
defined by law or regulation.
No one can be punished with a penalty that is not
prescribed by law, if the offense is a felony or a misdemeanor,
or by law or regulation, if the offense is a
traffic ticket.
Article 6: Only constitutive facts are punishable
of an offense on the date on which they were committed.
Only sentences can be pronounced
legally applicable on the same date.
However, the new provisions apply
offenses committed before their entry into force and
not having given rise to a previous conviction
force of res judicata when they are less severe than
the old provisions.
Article 7: Are immediately applicable to the
repression of offenses committed before their entry into
force:
1. the laws of jurisdiction and judicial organization,
until a judgment on the merits has been rendered in
first case ;
2. the laws fixing the modalities of the prosecutions and the
forms of procedure;
3. the laws relating to the enforcement regime and
enforcement of penalties. However, these laws, when they
would result in more severe penalties
pronounced by the sentencing decision, are not
applicable only to convictions handed down for
acts committed after their entry into force;
37
Gabonese nationality subsequent to the fact that it is
imputed.
Article 15: Gabonese criminal law is applicable to all
crime and any offense committed by anyone outside the
territory of the Republic when the victim is
Gabonese nationality at the time of commission of
the offense.
Article 16: In the cases provided for in Articles 14 and 15 below
above, the prosecution of offenses can only be exercised at the
request from the Public Prosecutor's Office following a prior complaint
victim or his dependents, or upon denunciation
official by the authority of the country where the act was committed.
Article 17: Gabonese criminal law applies to
crimes and offenses qualified as attacks on interests
fundamentals of the Nation, the State and peace
public and punished by this Code, in particular the
falsification and counterfeiting of the state seal, of
coins, banknotes or bills
public, and any felony or misdemeanor against officials or
Gabonese diplomatic or consular premises, clerk
outside the territory of the Republic.
Article 18: Subject to the provisions of article 17
above, Gabonese criminal law is applicable to
crimes and offenses committed on board or against
aircraft or vessels not registered in Gabon or
people on board:
-when the perpetrator or the victim is a national
Gabonese;
-when the aircraft lands or lands on land in Gabon after
felony or misdemeanor;
-when the aircraft or vessel has been leased
unmanned to a person who has the main seat of
its holding or, failing that, its permanent residence
on the territory of the Republic.
In the case provided for in the first indent above, the
nationality of the perpetrator or victim of the offense is
assessed in accordance with Articles 14, last paragraph,
and 15 above.
Article 19: Gabonese criminal law is applicable to
offenses committed beyond the territorial sea from
when international conventions and others
texts in force provide for it.
Article 20: Gabonese criminal law applies to
crimes and misdemeanors classified as acts of terrorism and
repressed by this Code committed abroad by a
Gabonese or by a person ordinarily resident
on Gabonese territory.
Article 21: In the cases provided for in Articles 14 and 15 of
this Code, no legal action may be taken
against a person who justifies that he has been tried
It is the same with the attempted crime that the
law punishes with imprisonment at least equal
at three years. The attempt of other offenses is not considered
as the same offense as in cases where the law
foresees.
Article 27: Is accomplice to a crime or an offense the
person who knowingly, by aid or assistance, has
ease of preparation or consumption.
Article 28: A person is also an accomplice who:
-by donation, promise, threat, order, abuse of authority or
power, will have provoked or facilitated the commission of a
offense or given instructions to commit it;
-by speeches, shouts, threats, sale, exposure or
distribution of writings or printed matter in places where
public meetings, will have directly provoked or instigated
the perpetrator (s) to commit the offense.
Article 29: The accomplice of the offense is punished as
the author.
TITLE III: CAUSES OF IRRESPONSIBILITY
OR LIMITATION OF LIABILITY
Unique chapter: Causes of irresponsibility or
liability mitigation
Article 30: Is not criminally responsible the
person who was suffering, at the material time, from a
psychic or neuropsychic disorder having abolished his
discernment or control over his actions.
The person who was affected, at the time of the
facts, of a psychic or neuropsychic disorder having
impaired their judgment or hampered the control of their
acts remain punishable. However, the court holds
account of this circumstance when determining the
penalty and set the regime.
Article 31: Is not criminally responsible the
person who acted under the influence of a force or a
a constraint she could not resist.
Article 32: Is not criminally responsible the
person who justifies having believed, by an error of the law
that she was not able to avoid, could
legitimately perform the act.
Article 33: Is not criminally responsible the
person who performs an act prescribed or authorized by
legislative or regulatory provisions or which
performs an act ordered by lawful authority, except
if this act is clearly illegal.
Article 34: Is not criminally responsible the
person who, faced with an unjustified attack on him-
himself or others, performs, at the same time, an act
39
Within the limits set by law, the jurisdiction
determines the nature, quantum and regime of penalties
pronounced according to the circumstances of the
commission of the offense and the personality of his
author.
Chapter I st : The penalties for persons
physical
Article 41: Penalties involving deprivation of liberty are
penalties resulting from a judgment or judgment having
pronounced firm imprisonment or imprisonment
criminal in time or in life.
Article 42: The duration of the execution of any
conviction to a custodial sentence
count from the day of the nut within a
penitentiary establishment by virtue of the conviction
final sentence.
If there has been preventive detention, its duration will be
fully deducted from the length of the sentence to be served
by virtue of the judgment or judgment.
Section 1: Criminal penalties
Article 43: Criminal penalties incurred by
natural persons are imprisoned in time
or in perpetuity.
The duration of the criminal imprisonment on time is
ten years at least and thirty years at most.
Individuals, company directors,
incur in the event of a crime committed directly of their
made, or because of the legal person of which they have the
direction, criminal jail time.
Article 44: The penalties of criminal imprisonment are not
not exclusive of a fine and one or more
several of the additional penalties provided for in
articles 56 to 58 of this Code.
Section 2: Correctional sentences
Article 45: Correctional penalties incurred by
the natural persons are:
-prisonment;
-the fine;
-work of general interest;
-privative or restrictive penalties for certain rights;
- additional penalties;
-the sanction-reparation.
Article 46: The duration of the prison sentence shall not
may exceed ten years, subject to
the application of the provisions of the law on recidivism or
6. the confiscation of one or more weapons of which the
condemned is the owner or of which he has free
disposition ;
7. the ban, for a period of five years at most,
to issue checks other than those which allow the
withdrawal of funds by the drawer from the drawee or those who
are certified and use payment cards;
8.the confiscation of the thing that was used or was intended
to commit the offense or the thing that is the
product. However, this confiscation cannot be
pronounced in matters of press offense;
9. the ban, for a period of five years at most,
to exercise a professional or social activity therefore
that the facilities provided by this activity have been
knowingly used to prepare or commit
the offense. This prohibition is not, however,
applicable to the exercise of an elective mandate or
union responsibilities. She is not either
applicable in matters of press offenses;
10. the ban, for a period of three years at most, from
appear in certain places or categories of places
determined by the jurisdiction and in which the offense
has been committed;
11. ban, for a period of three years at most,
get in touch with certain people
specially designated by the court, in particular the
victim of the offense;
12. ban, for a period of five years at most,
to exercise a commercial or industrial profession,
direct, administer, manage or control in any capacity
any, directly or indirectly, for its
own account or on behalf of others, a company
commercial or industrial or a trading company.
Article 50: The penalty of reparation may be
substitute for imprisonment or punishment
fine when the latter penalty constitutes the
main penalty incurred.
It consists in the obligation for the condemned
to proceed, within the time limit and in accordance with the procedures set
by the court, to compensation for the damage suffered by the
victim.
Article 51: With the prior agreement of the victim and the
notified, the repair can be carried out in kind,
in particular by restoring or rehabilitating a
well damaged, this repair being carried out by
the convicted person himself or by a professional whom he
chooses and pays for the intervention.
41
a right, order of care or obligation to do,
immobilization or confiscation of an object, confiscation
of an animal, closing of an establishment or posting
of the decision pronounced or dissemination thereof either by
the written press, or by any means of communication
to the public electronically.
Article 57: When an offense is punishable by a penalty
imprisonment, the court may not pronounce
principal sentence that one or more of the sentences
complementary. In this case, the court fixes the
maximum term of imprisonment or the amount
maximum of the fine including the judge for the application of
penalties may order the execution in whole or
party, under the conditions provided for by the Code of
Criminal Procedure, in the event of violation by the convicted person
obligations or prohibitions contained in the
conviction decision.
The president of the court notifies the
sentenced after delivery of the decision.
Article 58: Imprisonment or the fine fixed by the
jurisdiction cannot exceed the penalties incurred for the
offense for which the conviction is pronounced, nor
those provided for by article 56 of this Code.
Section 5: Contraventional penalties
Article 59: Constitute contraventions,
offenses punishable by law
of imprisonment less than or equal to one month and one
fine not exceeding 100,000 francs.
Article 60: Contraventional penalties incurred
by natural persons are:
-prisonment;
-the fine;
-privative or restrictive penalties provided for in
article 41 of this Code;
-the penalty of reparation provided for in article 50
of this Code.
Article 61: The contraventions are divided into five
classes, repressed as follows:
20,000 Swiss francs for contraventions of the 1 st
class ;
-40,000 francs at most for contraventions of the 2 nd
class ;
-60,000 francs at most for contraventions of the 3 rd
class ;
80,000 Swiss francs for contraventions of the 4 th
class ;
-100 000 francs at most for contraventions of the
5 th class, the amount that can be worn doubled for
of recidivism when the law or regulation so provides, except
limited to driving outside the activity
professional, unless the regulations expressly exclude
this limitation;
2.the ban on holding or wearing, for a period of
not more than three years old, a weapon subject to authorization;
3. the confiscation of one or more weapons of which the
condemned is the owner or of which he has free
disposition ;
4.the confiscation of the thing that was used or was intended
to commit the offense or the thing that is the
product;
5.the confiscation of the animal that was used for
commit the offense or against which the offense
has been committed;
6. the ban, for a period of three years at most,
to issue checks other than those which allow the
withdrawal of funds by the drawer from the drawee or those who
are certified.
Article 66: The law or the regulation which represses a
fifth class contravention can also
provide, as an additional penalty, the penalty of
work of general interest for a period of twenty hours
at least 120 hours at the most.
Article 67: When a contravention is punished by one or
of several of the additional penalties provided for in
Article 56 above, the court may not pronounce
one or more of the additional penalties
incurred.
Section 6: Content and methods of application of
certain penalties
Article 68: The additional penalty of confiscation is
incurred in the cases provided for by law or regulation.
It is also automatically incurred for
crimes and for offenses punishable by a penalty
imprisonment for more than one year, up to
the exception of press offenses.
Article 69: Confiscation covers all property
movable or immovable, whatever its nature, divided
or undivided who were used to commit the offense or who
were destined to commit it, and of which the convict is
owner or, subject to the rights of the owner of
good faith, of which he has free disposal.
It also covers all goods that are
the object or the direct or indirect proceeds of the offense,
the exception of property liable to return to the
victim. If the proceeds of the offense have been mixed with
funds of legal origin for the acquisition of one or more
43
work of general interest must be carried out within the limit
eighteen months.
The period ends upon completion of the
all community service.
It can be suspended temporarily for reason
serious medical, family, professional or social.
This period is suspended during the time when the convict
is remanded in custody, serves a sentence
deprivation of liberty or fulfills the obligations of
National service.
However, community service can be
carried out at the same time as a work release or
than semi-liberty.
Article 76: Methods of performance of the obligation
to perform community service and suspension
of the time limit provided for in article 75 above are decided by
the judge responsible for the enforcement of sentences in the jurisdiction
of which the convicted person has his habitual residence or, if he has not
not in Gabon his habitual residence, by the judge charged
of the application of the sentences of the court which ruled in
first case.
Article 77: Community service is subject to the
legislative and regulatory requirements relating to
night work, hygiene, safety and
work of women and young workers.
Community service can be combined with
the exercise of professional activity.
Article 78: The State is liable for the damage or on the part of the
damage caused to others by a convicted person and
results directly from the application of a decision
involving the obligation to perform work of interest
general.
The State is subrogated as of right in the rights
of the victim.
Liability action and recourse action
are brought before the courts of the judicial order.
Article 79: The prohibition of civic, civil and
family concerns:
1. the right to vote;
2. eligibility;
3.the right to exercise a judicial function or
to be an expert before a court, to represent or
to assist a party in court;
4.the right to testify in court other than for y
make simple statements;
of conviction, from the day on which the deprivation of
freedom ended.
Article 85: Any sentence to imprisonment
criminal in time or in perpetuity automatically wins
prohibition of the exercise of the rights listed in article 79
above.
Article 86: When provided for by law, the penalty
ban from Gabonese territory may be pronounced,
permanently or for a period of ten years at most, at
against any foreigner guilty of a crime or
offense.
The ban from Gabonese territory entails
full right the escort of the convicted person to the border, the
if applicable, at the end of his prison sentence
or imprisonment.
Article 87: When the ban from Gabonese territory
accompanies an unmatched custodial sentence
stay, its application is deferred during the period
execution of the sentence to be carried out from
day the deprivation of liberty ended.
Article 88: In correctional matters, the court shall not
can pronounce the ban from Gabonese territory that
by a specially reasoned decision with regard to the
seriousness of the offense and the personal situation of
abroad when it is involved:
1. a foreigner, who is the father or mother of a Gabonese child
minor residing in Gabon, provided that he establishes
contribute effectively to the maintenance and education of
the child under the conditions provided for by the Civil Code
since the birth of this one or for at least one
year;
2. a foreigner who has been married for at least three years with a
spouse of Gabonese nationality, provided that this
marriage is prior to the events leading to his
condemnation, that the community of life has not ceased
since the marriage and that the spouse has retained
Gabonese nationality;
3. a foreigner who justifies by all means that he resides
usually in Gabon for more than fifteen years, and
that he exercises a regular professional activity there;
4. a foreigner, born in Gabon, and who lives there
regularly and continuously for more than ten
years, and who is either pursuing studies or exercising a
regular professional activity.
Article 89: The penalty of ban from Gabonese territory
cannot be pronounced when the following is in question:
45
take effect from the day the deprivation of liberty
has ended.
Article 93: The penalty for posting the decision
pronounced or the diffusion thereof is the responsibility
of the condemned. Posting or distribution costs
recovered against the latter may not, however, exceed
the maximum fine incurred for the infringement of
the origin of the measurement.
The court may order the display or the
dissemination of all or only part of the
decision, or a press release informing the public of
reasons and the operative part thereof. She determines, the case
if applicable, extracts from the decision and the terms of
press release to be posted or disseminated.
Posting or disseminating the decision or
release cannot include the identity of the victim
only with his consent or that of his legal representative or
of his beneficiaries.
Article 94: The posting penalty is carried out in places
and for the duration indicated by the court. Except
contrary provision of the law punishing the offense,
posting cannot exceed two months.
In the event of deletion, concealment or
laceration of the posters affixed, it is again
posted at the expense of the recognized person
guilty of these facts.
The decision is disseminated in the
Official Gazette of the Gabonese Republic, in a
or several other press publications or in one or
several communication services to the public by
electronic designated by the judge.
Display and broadcast can be ordered
cumulatively.
The decision ordering the release is binding on
communication media.
Article 95: A decree determines the modalities
application of the provisions of this section.
This decree also determines the conditions
in which the activity of those condemned to the
sentence of community service as well as the nature of the
proposed work, including the conditions under
which:
1.the judge responsible for the application of sentences establishes, after
opinion of the Public Prosecutor's Office and consultation of all
public body responsible for the prevention of
delinquency, the list of community service
likely to be accomplished within its jurisdiction;
withdrawal of funds by the drawer from the drawee or those who
are certified or use payment cards;
8.the penalty of confiscation, under the conditions and according to
the terms provided for in this Code;
9. the display of the pronounced decision or the dissemination of
this either by the written press or by any means of
communication to the public by electronic means;
10. confiscation of the animal that was used for
commit the offense or against which
the offense has been committed;
11. the prohibition, for a period of five years at most, of
receive any public aid granted by the State,
local authorities, their establishments or
groups, as well as any financial assistance paid by
a private person in charge of a service mission
public.
The additional penalty of confiscation is
also automatically incurred for the crimes and
for offenses punishable by imprisonment
lasting more than one year, with the exception of misdemeanors
Press.
Article 99: The penalties defined in article 96 and
points 1 and 3 of article 98 above are not
applicable to legal persons governed by public law, of which
criminal liability is likely to be incurred.
They are also not applicable to parties.
or political groups, nor to trade unions
professionals.
The penalty provided for in point 1 of the same article is not
not applicable to representative institutions of the
staff.
Article 100: In tort, the court may
pronounce, instead of or at the same time as the fine
incurred by the legal person, the penalty
compensation in accordance with the terms set out in article 51 below
above.
The court sets the maximum amount of
the fine, which cannot exceed the amount of
the fine incurred by the legal person for the offense
considered which the sentencing judge can
order the execution in whole or in part, within
conditions provided for by the Code of Criminal Procedure if the
condemned does not fulfill the obligation of reparation.
Section 2: Contraventional penalties
Article 101: Contraventional penalties incurred
by legal persons are:
47
financial traders on a regulated market
entails prohibition, for the placement of securities which
whether they are, to have recourse to both
credit, financial institutions or companies
of stock exchange than to all advertising procedures.
Chapter III: Penalties applicable in the event of
competition offenses
Article 108: When, during proceedings
separated, the accused person was found guilty
of several offenses in competition, the penalties
pronounced are executed within the limit of the legal maximum

Article 103: When a contravention is punishable by
or several of the additional penalties provided for in
Articles 56 to 58 above, the court may not
pronounce that the additional penalty or one or
several of the additional penalties incurred.
Article 104: For contraventions of the fifth
class, the court may pronounce instead of or at the same
time that the fine incurred by the legal person, the
penalty-reparation penalty according to the terms provided
to this Code.
In this case, the court fixes the amount
maximum of the fine, which cannot exceed 100,000
francs, which the sentencing judge can
order the execution in whole or in part within
conditions provided for by the Code of Criminal Procedure if the
condemned does not fulfill the obligation of reparation.
Section 3: Content and methods of application of
certain penalties
Article 105: The decision pronouncing the dissolution of the
legal person takes its referral to the
competent court to carry out the liquidation.
Article 106: The decision to place under surveillance
judicial body of the legal person carries the designation
a legal representative whose jurisdiction specifies the
mission. This mission can only relate to the activity
in the exercise or on the occasion of the exercise of which
the offense has been committed. At least every six months
the legal representative reports to the judge
the application of penalties for the accomplishment of his
mission.
In view of this report, the judge responsible for
the application of penalties can seize the jurisdiction which
pronounced the placement under judicial supervision.
The latter can then either pronounce a new sentence,
either relieve the legal person of the measure of
placement.
Article 107: The prohibition on making an offer to
public securities or to have their securities admitted
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incurs criminal liability for a crime, the rate
maximum fine applicable to individuals
morals is doubled. In this case, the person
morality also incurs the penalties mentioned in
Article 98 above, subject to the provisions of
last paragraph of this article.
Article 113: When a legal person, already
definitively condemned for a crime or for a
crime punishable by law with regard to persons
physical fines of 1,000,000 francs or more,
incurs criminal liability within ten years of
from the expiration or prescription of the
previous penalty, for an offense punishable by the same penalty,
the maximum rate of the fine applicable for
legal persons is doubled.
When a legal person, already convicted
definitely for a crime or for an offense punishable by
law with regard to natural persons of
1,000,000 francs fine or more, engages its
criminal liability within the period of five years from
the expiration or prescription of the previous one
penalty, by an offense punishable by law with regard to
natural persons with a fine of more than
1,500,000 francs, the maximum rate of the fine
applicable for legal persons is increased to
double.
In the cases provided for in the first two paragraphs
above, the legal person also incurs the
penalties mentioned in article 98 of this law, under
subject to the provisions of the last paragraph of this article.
Article 114: When a legal person, already
definitively condemned for an offense, initiates
criminal liability within five years of
from the expiration or prescription of the
previous sentence, either for the same offense or for a
offense which is assimilated to him under the rules of
recidivism, the maximum rate of the fine applicable to
legal persons is doubled.
Article 115: Theft, extortion, blackmail,
fraud and breach of trust are considered,
regard to recidivism, as the same offense.
Article 116: The offenses of sexual assault and
sexual assault are considered, with regard to the
recidivism, as the same offense.
Article 117: The offenses of trafficking in human beings and
procuring are considered, with regard to recidivism,
as the same offense.
Article 118: The offenses of willful violence against
persons as well as any offense committed with
aggravating circumstance of violence are considered,
regard to recidivism, as the same offense.
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pain, of consequences what would entail a The reductions in sentences granted during the
conviction for a new offense.
Article 126: The prohibition of all or part of the rights
civic, civil and family mentioned in article 79 of the
this Code cannot, notwithstanding any provision
contrary, result as of right from a conviction
criminal.
Anyone subject to a ban,
forfeiture or any incapacity which results from full
right, by virtue of the texts in force, of a conviction
criminal, may, by the decision of conviction or by
any subsequent decision, be relieved of it in full or
part, including as regards the duration, of this
prohibition, forfeiture or incapacity, in the
conditions set by the Code of Criminal Procedure.
Article 127: The Public Prosecutor, the judge
instruction or the court seised may obtain
parties, of any administration, of any establishment
financial institution, or any person holding the funds of the
warned, the communication of useful information
financial or fiscal nature, without being able to be opposed
secrecy obligation.
Chapter VI: The safety period
Article 128: In the event of a sentence
deprivation of liberty not accompanied by a suspension, the duration of whichaccompanied by a suspension or suspension with probation,
is equal to or greater than ten years, pronounced for
offenses specially provided for by law, the convicted
cannot benefit, during a security period, from
provisions concerning the suspension or
splitting of the sentence, work release,
temporary absences, day parole and release
conditional.
The duration of the safety period is half
of the sentence or, in the case of a
life imprisonment of eighteen years. The
Criminal court or tribunal may, however, by
special decision, or extend these durations up to the two
third of the sentence or, in the case of a
life imprisonment, up to twenty-two years,
or decide to reduce these periods.
For certain crimes of particular gravity and
in the event of a conviction to criminal imprisonment
life sentence, the Criminal Court may extend to thirty years by
reasoned decision the security sentence that will be pronounced.
Article 129: In other cases, when it pronounces
a custodial sentence lasting more than
five years, not accompanied by the suspension, the court may set
a period of safety during which the convict does not
can benefit from any of the modalities of execution of the
barely mentioned in Article 128, paragraph 1 st above. The
duration of this safety period may not exceed both
third of the sentence pronounced.
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TITLE VI: SUSPENSION
Chapter I st : From simple reprieve
Article 133: The court which pronounces a penalty may,
in the cases and under the conditions set out below,
order that his execution be suspended.
The president of the court, after the pronouncement
of the sentence accompanied by the simple suspension, warns the
condemned, when present, only in case of
conviction for a new offense that would be
committed within the time limits provided for in Articles 110 and 111
of this Code, the suspension may be revoked by the
jurisdiction.
Article 134: In criminal or correctional matters, the
simple stay cannot be ordered in respect of a
natural person only when the accused or the accused
has not been convicted, in the five years
preceding the facts, for crime or common law offense,
to imprisonment or imprisonment.
A stay cannot be ordered in respect of a
legal person only when it has not been
sentenced, within the same period, for a crime or
common law offense, to a fine in the amount of
more than 2,000,000 francs.
Article 135: The simple suspension is applicable, as far as
concerns natural persons, to sentences
imprisonment for a period of five
years at most, to a fine, to custodial sentences or
restrictive rights mentioned in Articles 49 and
following sections of this Code, with the exception of
confiscation, and to the penalties complementary
mentioned in articles 56 to 58 of this Code,
except for confiscation, closure
establishment and posting.
A simple stay can only be ordered for
imprisonment when the accused has been convicted
within the time limit set in article 133 above, to a penalty
other than reclusion or imprisonment.
The court may decide that the stay may not
shall apply to the execution of imprisonment only for
a part of which it determines the duration within the limit of
five years.
Article 136: The simple stay is applicable, as far as
concerns legal persons, to sentences
the fine and the penalties mentioned in points 2, 5, 6 and
7 of article 98 of this Code.
Article 137: In contravention matters, the stay
simple cannot be ordered with regard to a person
physical only when the accused has not been convicted,
during the five years preceding the facts, for felony
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Article 142: In the event of revocation of the simple suspension, the
first sentence is carried out without her being able to
confused with the second.
Article 143: When the benefit of the simple suspension has not been
granted that for part of the sentence, the sentence
is deemed null and void in all its elements if the
total revocation of the stay has not been pronounced,
the fine or the part of the fine not accompanied by the suspension
remaining due.
Chapter II: Suspension accompanied by the obligation
to perform community service
Article 144: The court may, under the conditions and
in accordance with the procedures provided for in Articles 48 and 133 of
this Code, provide that the convicted person will, for
a duration of twenty hours to two hundred and eighty
hours, unpaid community service at the
either for the benefit of a legal person governed by public law, or
of a private law legal person responsible for
public service mission or an association authorized to
implement community service.
The stay accompanied by the obligation to complete a
service of general interest cannot be ordered when the
the accused refuses it or is not present at the hearing.
The terms of application of the obligation
to perform community service are governed by the
provisions of articles 48 et seq. of this Code.
Upon completion of all the work of interest
general, the conviction is considered as not
avenue unless the provisions
provided for in the second paragraph of article 57 of this
Coded.
Article 145: During the period fixed by the court for
perform community service, the convicted person must,
in addition to the obligation to perform the prescribed work,
comply with the following control measures:
- respond to the summons of the judge of the application of
sentences or the designated social worker;
-subject to the medical examination prior to execution
of the penalty which aims to find out if it is not
has a condition that is dangerous to others
workers and ensure that they are medically fit for
work to which it is planned to be assigned;
-justify the reasons for his changes of employment or
residence that impede the performance of the work
of general interest according to the established modalities;
-obtain the prior authorization of the application judge
penalties for any travel that would hinder
the performance of community service according to the
modalities fixed;
-receive visits from the social worker and him
communicate any documents or information relating to
at the execution of the sentence.
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The penalty exemption does not extend to payment
the costs of the trial.
TITLE VIII: CIRCUMSTANCES WHICH MAY
DRIVE AGGRAVATION,
REDUCTION OR EXEMPTION FROM SENTENCES
Article 150: Constitutes an organized band, all
group formed or any agreement established with a view to
preparation, characterized by one or more facts
material, one or more offenses.
Article 151: The ambush consists in the fact
to wait for a certain time one or more
people in a specific place to commit to their
against one or more offenses.
Premeditation is the purpose formed before
the act of committing a specific crime or misdemeanor.
Article 152: Break-in consists of forcing,
degradation or destruction of any device
closure or any kind of closure.
Is assimilated to burglary, the use of false
keys, keys improperly obtained or any instrument
can be fraudulently used to operate
a closing device without forcing or damaging it.
Climbing is the act of entering a place
arbitrary, either over a fence element, or
through any opening not intended to serve as an entrance.
Article 153: Any object designed to kill or
hurt.
Any other object likely to present a
danger to people is assimilated to a weapon
when used to kill, injure or threaten or
is intended, by the person carrying it, to kill, injure or
threaten.
Any object which, presenting
with the weapon defined in the first paragraph a resemblance
confusing, is used to threaten
to kill or injure or is intended, by whoever is
carrier, to threaten to kill or injure.
The use of an animal to kill, injure or
threatening is assimilated to the use of a weapon. In case of
condemnation of the owner of the animal or if the
owner is unknown, the court may decide to
handing over the animal to an animal welfare organization
recognized or declared of public utility, which may
freely dispose of it.
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TITLE IX: THE EXTINCTION OF SENTENCES AND
CANCELLATION OF CONDEMNATIONS
Article 157: The death of the convicted person or the dissolution of
the legal person, except in the case where the dissolution is
pronounced by criminal jurisdiction, pardon or
amnesty, prevent or interrupt the execution of the
hardly.
However, recovery can be carried out
the fine and legal costs as well as the execution
confiscation after the death of the convicted person or after
the dissolution of the legal person until the closing
liquidation operations.
The prescription of the sentence prevents the execution
of it.
The rehabilitation erases the conviction.
Chapter I st : From prescription
Article 158: The penalties pronounced for a crime are
prescribe by twenty years completed from the date of
date on which the conviction decision became
definitive.
The penalties pronounced for an offense
prescribe by five completed years from the date
to which the sentencing decision became
definitive.
Article 159: The penalties pronounced for a
contravention are prescribed by two years completed
from the date on which the decision to
condemnation became final.
Article 160: Those convicted in absentia or by
default for which the penalty is prescribed are not admitted to
serve in absentia or to form opposition.
Article 161: Obligations of a civil nature resulting from
of a criminal decision that has become final are prescribed
according to the rules of the Civil Code.
Chapter II: Grace
Article 162: Grace is the act by which the President
of the Republic exempts a convicted person with a
final and enforceable sentence to undergo all or
part of his sentence. It can be individual or
collective.
The conditions of its exercise and its modalities
are set out in the Code of Criminal Procedure.
Article 163: Grace carries only dispensation
to execute the sentence. It does not stand in the way of the law,
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the expiry of the sentence suffered, either of the prescription
acquired.
The deadlines provided for in this article are extended
double when the person has been convicted of
facts committed in a state of legal recidivism.
When it comes to convictions matched in
all or part of the suspension, or the suspension with obligation
to perform community service, the deadlines
rehabilitation runs, for each of these
convictions and including in the event of convictions
multiples, from the date on which the
conviction became null and void.
Article 169: Rehabilitation is acquired as of right
to the condemned legal person who has, within the time limit
hereafter determined, suffered no new conviction
to a criminal or correctional sentence:
-for the fine, after a period of five
years from the day of payment of the fine or
prescription fulfilled;
-for the conviction to a penalty other than a fine or
dissolution, after a period of five years from either
of the execution of the sentence, or of the prescription
accomplished.
The deadlines provided for in this article are doubled
when the person has been convicted of an offense
committed in a state of legal recidivism.
In the case of a conviction with the
stay, the rehabilitation deadlines run from
the date on which the conviction became no
avenue.
Article 170: The penalties for which the confusion has been granted
under the conditions of article 108 are considered
as constituting a single penalty for the application
of the provisions of article 168 above.
Article 171: Rehabilitation produces the same effects
than those provided for in Articles 164 et seq.
of this Code. It erases all disabilities and
forfeitures resulting from the conviction.
However, when the person has been sentenced
judicial follow-up, or the penalty of prohibition to practice
a professional or voluntary activity involving a
usual contact with minors, rehabilitation does not
produces its effects only at the end of the measurement.
The rehabilitation does not produce its effects until the end of
a period of forty years when it has been pronounced,
as an additional penalty, a ban,
permanent incapacity or forfeiture.
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2. knowing the intentions of their authors, their
provide subsidies, subsistence, means of transport or
of communication, of existence, of housing, place of
retreat or reunion;
3.willly carry correspondence from the authors of a
crime or misdemeanor or will knowingly facilitate
in any way whatsoever, the concealment, transport or
transmission of the object of the crime or the offense;
4.willly conceal objects or instruments having
served or intended to be used in committing the felony or misdemeanor,
or material objects or documents obtained by the
felony or misdemeanor.
Article 175: The fact of providing, in order to serve
interests of a foreign power, of a company
foreign or under foreign control, to civil authorities
or soldiers of Gabon, false information from
such as to mislead them and to undermine
fundamental interests of the nation, is punished by ten years
imprisonment at most and a fine of
30,000,000 francs at most.
In addition to the terms of imprisonment or
fine, the courts may pronounce against the
perpetrators or accomplices of the offenses referred to in this
title, one or more of the additional penalties
provided for in articles 56 to 58 of this Code.
Article 176: Revelation, by any means
either information subject to professional secrecy
or classified as defense secret or classified as state secret, by
a person who is custodian by virtue of his functions
previous or current, or a temporary assignment,
constitutes the offense of breach of professional secrecy
or defense secrecy or violation of State secrecy.
Without prejudice to the application of texts
special matters, breach of professional secrecy or
defense secrecy or state secrecy is punishable by
imprisonment for not more than five years and a fine of
100,000,000 francs at most, without prejudice to
the application of the penalties provided for in article 79 of this
Coded.
The provisions of this article apply
also industrial and economic information
considered to be subject to professional secrecy,
defense secrets or State secrets, whose revelations
are likely to infringe public order,
the authority of the state, the interest of the state or the interests
some thirds.
The prohibition on disclosure of the secret
professional, defense or State secrets are not
not enforceable against the courts when the persons
held to this prohibition are called upon to testify in
justice.
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56 OFFICIAL JOURNAL OF THE GABONESE REPUBLIC JULY 17, 2019 - N ° 27 Bis Special
documents or processes whose collection and use
are likely to harm national defense;
6- or to ensure, by any means whatsoever, the
possession of such information, object, document or
process with a view to delivering it to a foreign power or
to its agents;
7- either to destroy or let destroy such
information, object, document or process with a view to
favor a foreign power;
8- either, in time of war, to incite or provoke
all members of the defense forces to go to service
of a foreign power, to facilitate their
means or to enlist for a power
at war with Gabon;
9- or, in time of war, to maintain intelligence
with a foreign power or with its agents in sight
to favor the companies of this power against the
Gabon;
10- or, in time of war, to knowingly participate in
an enterprise to demoralize the army or the
nation whose purpose is to harm national defense.
Treason is punished with criminal imprisonment at
life sentence and a fine of 100,000,000 francs to the
more, without prejudice to possible civil damages.
Incitement to provocation to commit or
the offer to commit this crime is punished like the crime
himself.
Chapter III: Espionage
Article 179: The facts referred to in article 178 above, at
except that referred to in paragraph 1,
constitute, if committed by any foreigner, the crime
spy.
Espionage is punished with criminal imprisonment
life sentence and a fine of 100,000,000 francs
at most.
Chapter IV: Attacks on the integrity of the territory
national
Article 180: Whoever has undertaken, by any means
whether, to undermine the integrity of the territory
national or to withdraw from the authority of the State all or
part of the national territory, is punished by imprisonment
life imprisonment and a fine of 100,000,000
of francs at most.
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of a national defense secret, or will leave some
take, even in part, knowledge, copy or
reproduction;
3- deliver or communicate to a person acting
on behalf of a power or a company
foreign, or an invention of defense
national information, studies or procedures
of manufacture relating to such an invention
or an industrial application involving defense
national;
4- will enter, under a disguise or false name, or in
concealing his position or nationality, in a
military establishment, whatever its nature, a
shipyard working for national defense, a ship
warfare, an air navigation device or a
armed military vehicle;
5- will stay, in defiance of a ban, in a
radius determined around the fortified works or
military or maritime establishments;
6- will exercise, in a prohibited zone set by
the military authority, without the latter's authorization,
drawings, photographs, lifting or operations
topographical inside or around the squares,
military works, posts or establishments or
maritime;
7- will fly over, without authorization or outside the cases
provided for by international conventions, the territory
Gabonese by means of a foreign aircraft;
8- will have organized, in an occult way, a means
any correspondence or transmission to
distance likely to be detrimental to national defense.
The offenses referred to in this article are
punished by fifteen years of criminal imprisonment and
fine of 50,000,000 francs at most, if they have been
committed in time of war; and if they were in
peacetime, to imprisonment for not more than ten years.
Is punished with the same penalties whoever, in time
of peace :
1- will have impeded the circulation of military equipment or
will have, by whatever means, provoked, facilitated
or organized a violent or concerted action, having for
purpose or result of these hindrances;
2- will have participated, knowingly, in a
army demoralization enterprise with the aim of
harm national defense;
3- will enlist soldiers on behalf of a power
foreign, in Gabonese territory.
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58 OFFICIAL JOURNAL OF THE GABONESE REPUBLIC JULY 17, 2019 - N ° 27 Bis Special
life imprisonment and a fine of
100,000,000 francs at most.
The conspiracy aimed at one of the targeted crimes
in the previous paragraph, is punished by twenty years imprisonment
criminal and a fine of 50,000,000 francs to the
more.
Article 188: The attack is consummated as soon as an act
execution material has been undertaken or materialized.
There is conspiracy, as soon as the resolution to act is
concerted and stopped between two or more people.
The concerted and unapproved proposal of
forming a conspiracy is punished like the conspiracy itself.
even.
Article 189: Are punished by twenty years of imprisonment
criminal and a fine of 100,000,000 francs to the
more :
-those who, without right or legitimate reason, will have taken a
any military command;
-those who, against the order of the established authorities, will have
retained such a command;
-the commanders who will have held their army or troop
reunited, after the dismissal or separation into
will have been ordered.
Article 190: Whoever, with a view to disturbing the State by
one of the crimes referred to in this chapter, by
invasion, looting or sharing of property
public or private or by attacking or
resistance to the public force acting against
perpetrators of these crimes, will lead the gangs
armed forces or will have exercised any command there,
is punished by twenty years of criminal imprisonment and
fine of 50,000,000 francs at most.
The same penalty will be applied to those who will have
The highest. However, total or partial confusion
penalties of the same nature may be ordered either by the
last court called to rule, either in the
conditions provided for by the Code of Criminal Procedure.
Article 109: When a natural person, already
definitively condemned for a crime or for a
offense punishable by ten years imprisonment by law,
commits a crime, the maximum penalty of
criminal imprisonment incurred is life imprisonment if the
maximum set by law for this crime is twenty years
or thirty years. The maximum penalty is increased to
thirty years of criminal imprisonment if the crime is punished by
fifteen.
Article 110: When a natural person, already
definitively condemned for a crime or for a
offense punishable by ten years imprisonment by law,
commits, within ten years from
the expiration or prescription of the previous sentence,
an offense punishable by the same penalty, the maximum penalties
of imprisonment and fine incurred is increased to
double.
When a natural person, already convicted
definitely for a crime or for an offense punishable by
ten years of imprisonment by law, commits, in the
period of five years from the expiration or
prescription of the previous sentence, an offense punishable by
imprisonment for more than one year
and less than ten years, the maximum penalties
of imprisonment and fine incurred is increased to
double.
Article 111: When a natural person, already
definitively condemned for an offense, commits, in
the period of five years from the expiration or
prescription of the previous sentence, i.e. the same offense,
either an offense which is assimilated to him under the rules of
recidivism, the maximum imprisonment and
fine incurred is doubled.
Article 112: When a legal person, already
definitively condemned for a crime or for a
crime punishable by law with regard to persons
physical fines of 1,000,000 francs or more,
Article 119: The state of legal recidivism can be noted
ex officio by the trial court even when
is not mentioned in the act of prosecution, therefore
that during the hearing the accused person was
informed and that she was put in a position to be assisted
a lawyer and make his observations.
Chapter IV: Penalties applicable in the event of
reiteration of offenses
Article 120: There is a repetition of offenses when a
offense is committed by a person before that person
this has been definitively condemned for another
offense.
The penalties pronounced for the offense committed
in reiteration are accumulated without limitation of quantum and
without possibility of confusion with the penalties
definitively pronounced upon conviction
previous.
Chapter V: The pronouncement of sentences
Article 121: No penalty may be applied if the
jurisdiction has not expressly pronounced it.
The court may pronounce only one of the
penalties incurred for the offense referred to it.
Article 122: When an offense is punished by the
life imprisonment, the court may
pronounce a sentence of criminal imprisonment in time, or
a term of imprisonment which cannot be less than
two years.
When an offense is punished by imprisonment
criminal in time, the court can pronounce a
sentence of criminal imprisonment for a period of less than
that which is incurred, or a term of imprisonment
which cannot be less than one year.
Article 123: When an offense is punishable by a penalty
imprisonment, the court may pronounce a
imprisonment for a period of less than
that which is incurred.
Article 124: When an offense is punishable by a penalty
fine, the court may impose a fine of one
amount less than that incurred, except
contrary provision of law.
The amount of the fine is determined by taking
account of the resources and expenses of the author of
the offense.
Article 125: When the circumstances of the offense or
the personality of the author justifies it, the president of the
jurisdiction notifies the convicted person, when the sentence is pronounced
49
security period are only charged against the part of the
penalty exceeding this period.
TITLE V: MODES OF
PERSONALIZATION OF SENTENCES
Article 130: When the trial court
imposes a sentence equal to or less than two years
imprisonment, or, for a person in a state of
legal recidivism, a sentence equal to or less than one year,
it can decide that this sentence will be carried out in full or
party under day parole in respect of the
condemned who justifies:
-or the exercise of a professional activity, even
temporary, of the follow-up of an internship or of his attendance at a
education, vocational training or
look for a job ;
-or his essential participation in the life of his family;
-or the need to undergo medical treatment;
-or the existence of serious rehabilitation efforts
social resulting from its lasting involvement in all
other characterized project of integration or reintegration of
nature to prevent the risk of recurrence.
These provisions are also applicable in
case of partial imprisonment
when the firm part of the sentence is less than or equal
at two years, or if the person is in a state of recurrence
legal, less than or equal to one year.
In all cases, the court may decide that
the prison sentence will be executed under the regime
placement outside.
Article 131: The convicted person admitted to the benefit of
semi-liberty is required to join the establishment
penitentiary according to the modalities determined by the judge
of the application of penalties, depending on the time
necessary for activity, teaching, training
professional, looking for a job, internship,
participation in family life, treatment or
integration or reintegration project for which he was
admitted to the semi-liberty regime. He is required to
remain in the establishment during the days when, for
whatever the cause, its external obligations are
find interrupted.
Article 132: The convicted person admitted to the benefit of
placement outside is restricted, under the control of
administration, to carry out activities outside
the penitentiary establishment.
The trial court may also
subject the convicted person admitted to the benefit of the semi-
freedom or placement outside the measures
provided for in articles 130 and 131 of this Code.
or common law offense, to imprisonment or
imprisonment.
A simple stay cannot be ordered in respect of
of a legal person only when it has not been
sentenced, within the same period, for the crime or misdemeanor of
common law, to a fine of an amount greater than
15,000,000 francs.
Article 138: The simple stay is applicable, as far as
concerns individuals, to convictions
custodial or restrictive penalties
mentioned in Article 56 above, with the exception of the
confiscation.
The simple stay is applicable, as far as
concerns legal persons, subject to prohibition
issue checks or use credit cards
payment provided for by this Code.
In both cases, the simple stay is also
applicable to the fine imposed for contraventions
fifth class.
Article 139: Conviction for felony or misdemeanor
accompanied by the simple suspension is deemed null and void if the
convicted person who benefits from it has not committed, within the time limit
five years from the date, a felony or misdemeanor
common law followed by a new conviction having
ordered the total revocation of the stay. The character no
end of the conviction does not preclude the
total or partial revocation of the stay in the event of an infringement
committed within the five-year period.
Article 140: The court may, by special decision,
revoke totally or partially for a period or
an amount that it determines, the suspension previously
granted, regardless of the accompanying penalty,
when pronouncing a new sentence to a
imprisonment or imprisonment
without reprieve.
The court may, by special decision,
revoke totally or partially, for a period or
an amount that it determines, the suspension previously
granted that accompanies any penalty other than
reclusion or imprisonment, when it pronounces
a new conviction of a natural person or
moral to a penalty other than imprisonment or
imprisonment without conditional sentence.
Article 141: Conviction for contravention
accompanied by the simple suspension is deemed null and void if the
convicted person who benefits from it did not commit, during the
two years from this, a crime or
common crime or contravention of the 5 th
class followed by a new conviction having
ordered the revocation of the stay.
51
Article 146: The stay accompanied by the obligation to perform
community service follows the same rules as
those provided for the simple suspension, to
except those contained in the second
paragraph of article 133 and the second paragraph of article
134 of this Code.
Article 147: When a conviction for an offense of
common law with imprisonment
firm of six months at most has been pronounced, the judge
responsible for the enforcement of sentences may, when this
conviction is no longer likely to be the subject of a
appeal by the convicted person, order that he be
suspension of the execution of this sentence and that the convict
perform, for a period of twenty hours to two hundred
eighty hours, community service not
remunerated for the benefit of either a legal entity
public, or a legal person governed by private law
a public service mission or an association
empowered to carry out works of general interest.
Fulfillment of the obligation to perform work
of general interest is subject to the provisions of articles
48, 133 and 134 of this Code.
This article is applicable to penalties
imprisonment that has been partially suspended,
with or without a probation, when the party
firm sentence is less than or equal to six months.
In this case, the part of the suspended sentence remains
applicable.
This article is also applicable to
prison terms less than or equal to six
months resulting from the revocation of a suspension, with or without
of a test.
TITLE VII: EXEMPTION FROM SENTENCE
Article 148: In correctional matters or, except in
the cases provided for in articles 56 and 98 of this Code, in
infringement matter, the court may, after
have declared the accused guilty and ruled, if necessary,
on the confiscation of dangerous or harmful objects,
exempt the accused from any other penalty.
At the same time as it is pronouncing on the
guilt of the accused, the court rules, if necessary,
on civil action.
Article 149: Exemption from the penalty may be granted
when it appears that the reclassification of the culprit is
acquired, that the damage caused is repaired and that the
disorder resulting from the offense has ceased.
The court issuing a dispensation from
sentence may decide that his decision will not be
mentioned in the criminal record.
Article 154: In the cases provided for by law, the penalties
incurred for a felony or misdemeanor are aggravated
when the offense is committed at the rate of
belonging or non-belonging, true or
supposed, from the victim to an ethnic group, a nation, a
race or religion.
The aggravating circumstance defined in the first
paragraph is constituted when the offense is preceded,
accompanied or followed by words, writings, images, objects
or acts of any kind undermining the honor or
consideration of the victim or a group of
people to which the victim belongs because of their
belonging or not belonging, true or
supposed, to an ethnic group, a nation, a race or a
determined religion.
Article 155: The person who has attempted to commit
felony or misdemeanor is, in the cases provided for by law,
exempt from penalty if, having informed the administrative authority
or judicial, it made it possible to avoid the realization of
offense and, if applicable, identify other
authors or accomplices.
In the cases provided for by law, the duration of the
custodial sentence incurred by a person
having committed a felony or an offense is reduced if, having
notified the administrative or judicial authority, it has
allowed to put an end to the infringement, to prevent
the infringement does not produce damage or identify the
other authors or accomplices.
The provisions of the previous paragraph are
also applicable when the person has allowed either
to avoid the commission of a related offense in the same way
nature that the crime or misdemeanor for which it was
prosecuted, either to put an end to such an infringement,
to prevent it from causing damage or
identify the perpetrators or accomplices.
No conviction can be pronounced
on the sole basis of statements made by
persons who have been subject to the provisions of this
article.
Article 156: In the cases provided for by law or
regulation, the penalties incurred for a felony, a misdemeanor
or a contravention are aggravated when the contravention
is committed by the victim's spouse or partner.
The aggravating circumstance provided for in the first
paragraph above is also constituted when the facts
are committed by the former spouse or former partner
or the former partner related to the victim. Dispositions
of this paragraph are applicable when
the offense is committed because of the relationships
existed between the perpetrator and the victim.
53
for the victim, to obtain compensation for the damage caused
by the offense.
Chapter III: Amnesty
Article 164: Amnesty cancels convictions
pronounced. It leads, without it being able to give rise
restitution, the remission of all penalties. She restores
the perpetrator or accomplice of the offense for the benefit of the
reprieve which could have been granted to him during a
previous conviction.
Article 165: The amnesty does not prejudice third parties.
Article 166: It is prohibited for any person who, in
the exercise of its functions, is aware of
criminal convictions, disciplinary sanctions or
professional or prohibitions, forfeitures and
disabilities erased by the amnesty, to recall
existence in any form whatsoever or leave it
remain the mention in any document.
The foregoing provisions do not apply
not to the minutes of court decisions.
In addition, the amnesty does not preclude
the execution of the publication ordered as
repair.
The conditions for exercising the amnesty and its
terms and conditions are set out in the Code of Criminal Procedure.
Chapter IV: Rehabilitation
Article 167: Anyone subject to a penalty
criminal, correctional or contravention may
benefit, either from a full rehabilitation in
the conditions provided for in this chapter, either a
judicial rehabilitation granted under the conditions
provided for by the Code of Criminal Procedure.
Article 168: Rehabilitation is acquired as of right
to the convicted natural person who has not, within the
deadlines determined below, suffered no conviction
new to a criminal or correctional sentence:
-for the conviction to a fine after a period of three
years from the day of payment of the fine,
the expiration of the judicial constraint or of the
incarceration or acquired prescription;
-for the single sentence or imprisonment
not exceeding one year, or to a penalty other than the
criminal imprisonment, imprisonment or fine,
after a period of five years from either the execution
the penalty, or the prescription acquired;
-for the single sentence to imprisonment
not exceeding ten years or for convictions
multiple to imprisonment, the aggregate of which does not exceed
not five years, after a period of ten years from either
The rehabilitation does not prevent the taking into account
of the conviction, by the judicial authorities alone,
in the event of new prosecutions, for the application of
rules on legal recidivism.
Article 172: If the person has been sentenced by a
criminal jurisdiction of a State party to a convention
judicial cooperation with Gabon, to one of the penalties
following, the rehabilitation is not likely to produce
its effects on previous Gabonese convictions
that at the end of the deadlines determined below:
1.when the sentence pronounced is a sanction
pecuniary, only from the erasure of this
conviction or the expiration of three years
from its pronouncement;
2.when the sentence pronounced is a sentence
imprisonment for more than one year, than
from the erasure of this conviction or
the expiration of a period of ten years from his
pronounced;
3.when the sentence pronounced is a sentence
imprisonment for more than ten years,
only from the erasure of this conviction or
the expiration of a period of twenty years from his
pronounced;
4.when the person has been sentenced to another sentence
than those provided for in the first and third points of the
this article, that from the erasure of this
conviction or the expiration of a period of five years
from when it was pronounced.
Article 173: For the application of the rules on
rehabilitation, the graceful remission of a sentence is equivalent to
its execution.
BOOK SECOND: ON THE PROTECTION OF
FUNDAMENTAL INTERESTS OF THE NATION,
OF THE STATE AND PUBLIC ORDER
TITLE I: BREACH OF INTEREST
FUNDAMENTALS OF THE NATION
Chapter I er : Common provisions
Article 174: In addition to the persons qualified as authors, will be
punished as an accomplice in crimes or offenses against
external or internal security of the State, whoever:
1.having knowledge of the facts constituting the
offenses defined below, will not have them
denounced;
55
Article 177: Anyone who,
having attempted to commit one of the offenses provided for in
this chapter, will have informed the administrative authority or
judicial process and thus made it possible to avoid
offense and identify, if applicable, other
guilty.
In all cases of felony or misdemeanor provided for in
this title, all the means used to commit or
to prepare the offense will be seized until the decision of the
Jurisdiction.
The court concerned may, moreover, in any
circumstances, order confiscation, deletion
or the destruction of said means. In all cases,
the prohibition of the rights mentioned in article 79 of the
this Code may be pronounced.
Chapter II: Betrayal
Article 178: Constitutes, if committed by a Gabonese
or a soldier in the service of Gabon, the crime of
treason, the fact:
1- either to bear arms against Gabon;
2- or to maintain intelligences with a power
foreign or a foreign organization and its agents, in
to engage him to undertake hostilities or an act
aggression against Gabon or provide it with the
means, or by facilitating the penetration of
foreigners on Gabonese territory, or by shaking
fidelity of armies, or in any other way;
3- either to deliver to a foreign power or to its
agents, Gabonese troops or assigned to defense
Gabonese territory or territories, cities,
fortresses, constructions, works, edifices, buildings,
aircraft belonging to Gabon or assigned to defense
national;
4- either, with a view to harming national defense or when
the fact is likely to prejudice the interests
fundamentals of the Nation, destroy, deteriorate or
hijack a ship, an aircraft, any material, everything
technical device or processing system
computerized information, any supply, any
construction or any installation, or, in the
same goal, to bring them either before or after their
completion, defects likely to damage them
or cause an accident;
5- either to deliver to a foreign power or to its
agents, in any form and by any means
or any information, object, document or process which
must be kept secret in the interests of the defense
national, or to assemble, with the intention of delivering them
to a foreign power, information, objects,
Chapter V: Intelligence with powers
foreign
Article 181: Anyone:
1- a, by hostile acts not approved by the
Government, exposed Gabon to a declaration of
war or the breakdown of diplomatic relations;
2- a, by acts not approved by the Government,
exposed Gabonese to reprisals;
3- talks with agents of a foreign power
intelligences likely to harm the military situation
diplomatic mission of Gabon or its economic interests
essential;
4- made accessible to a foreign power, to a
foreign or controlled company or organization
foreigner, all information, procedures, data,
files, including exploitation, disclosure or assembly
is likely to harm fundamental interests
of the nation ;
is punished by thirty years of criminal imprisonment at most and
a fine of not more than 50,000,000 francs.
Article 182: Whoever, in time of war:
1- maintains, apart from authorized cases, a
correspondence or relations with the subjects or
agents of an enemy power;
2- makes, directly or through an intermediary, acts of
trade with subjects or agents of a power
enemy in defiance of the enacted prohibitions;
3- knowingly performs an act likely to harm the
National Defense ;
is punished by imprisonment for ten years and
fine of 20,000,000 francs at most.
Chapter VI: Attacks on national defense
Article 183: Is guilty of undermining the defense
national any person who, except in the cases provided for in
Articles 178 and 179 of this Code:
1- will ensure, by any means whatsoever, the
possession of a national defense secret or
will bear, in whatever form and by whatever means
whether, to the knowledge of the public or of a person
not qualified;
2- will allow to destroy, subtract or remove, in all or
part, and even momentarily, of objects, materials,
documents or information entrusted to him and
whose knowledge could lead to the discovery
57
Chapter VII: Sabotage
Article 184: The act of destroying, deteriorating or diverting
any document, material, construction, equipment,
installation, apparatus, technical device or control system
automated processing of information or to provide
poor workmanship, when this fact is likely to affect
to the fundamental interests of the nation, is punished by twenty
years of criminal imprisonment and 50,000,000 francs
fine at most, without prejudice to any
repairs.
When committed for the purpose of serving
interests of a foreign power, a company or
foreign organization or under foreign control, this fact
is punished by thirty years of criminal imprisonment and
50,000,000 francs fine at most.
Chapter VIII: Attacks on internal security
Section 1: The attack and the plot
Article 185: Constitutes an attack, the act of committing
one or more acts of violence likely to put in
jeopardize the institutions of the Republic or undermine
to the integrity of the national territory.
Without prejudice to the application of the provisions
relating to terrorism provided for in Title II of the book
second of this Code, the attack is punishable by thirty
years of criminal imprisonment and a fine of
50,000,000 francs at most.
The attack the aim of which was either to destroy or
to change the constitutional regime or the
Government, or to encourage citizens or inhabitants to
to arm oneself against the authority of the State is punished by imprisonment
life imprisonment and a fine of 100,000,000
of francs at most.
Article 186: Constitutes a conspiracy, the resolution
concerted effort to commit an attack, when this
resolution is materialized by one or more acts
materials.
The plot is punished by twenty years of imprisonment
criminal and a fine of 50,000,000 francs to the
more.
The conspiracy aimed at one of the targeted crimes
in paragraph 2 of article 185 above, is punished by thirty
years of criminal imprisonment and a fine of
100,000,000 francs at most.
Article 187: The attack the aim of which will have been either, to incite
to civil war by arming or carrying citizens or
inhabitants to arm themselves against each other, or to
cause devastation, massacre or plunder
in all or part of Gabonese territory, is punished with
insurrectionary or who will knowingly and
willfully supplied, transported or procured weapons,
ammunition, food, communications and all other
instruments of crimes, or will have, in any case,
practiced intelligences with directors or
movement commanders.
Are punished with the same penalties, all those who
will have conceived or participated in a movement
insurrectionary, whatever its form, tending to
change the institutional regime or overthrow the
Government.
Are also punished with the same penalties, those
who, ensuring transport, subsistence or communication
insurgents, will have participated in a movement
insurrectionary either by carrying arms or ammunition,
either in order to make attack or resistance to force
public, by occupying public positions or buildings or
private or by erecting barricades or entrenchments,
either, in any way whatsoever, by bringing their
aid to the insurgents or by obstructing the action of
law enforcement.
Article 192: Anyone, except in the cases provided for in articles
178 to 181 above, will have engaged in acts or
maneuvers likely to compromise safety
public, to cause disturbances or demonstrations
against the authority of the State, to provoke resistance
active or passive in the application of laws and regulations
is punishable by imprisonment for up to ten years and
may be, in addition, a fine of 20,000,000
francs at most.
Those who have
participated in disorders, demonstrations or acts of
resistance referred to above.
Article 193: The penalties provided for in article 192 shall be punished
above anyone who affiliates, adheres or, of any
any way, participates in the activity of a
 directed the association, raised or caused to be raised, organized or made
organize bands, or will knowingly and
voluntarily, provided or procured subsidies,
weapons, ammunition or instruments of crime or sent
subsistence, or who will otherwise have
practiced intelligences with directors or
commanders of armed bands.
Individuals belonging to armed gangs and
exercising no command or employment therein, are
punished by fifteen years of criminal imprisonment and
fine of 10,000,000 francs at most.
Section 2: Insurrectionary movements
Article 191: Are punished by twenty years of imprisonment
criminal and a fine of 50,000,000 francs to the
more, those who will have led or organized a movement
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seriously disturb the public order through intimidation or
terror, the following offenses:
1- voluntary damage to life, damage to
the integrity of the person;
2- kidnapping and sequestration;
3- hijacking of aircraft, ships or any other
means of transport defined by this Code;
4- theft, extortion, destruction, damage and
deterioration, as well as infringements
IT as defined in book IV of the present
Coded ;
5- offenses relating to combat groups and
dissolved movements;
6- offenses relating to weapons, products
explosives or nuclear material;
7- the concealment of the proceeds of one of the foreseen offenses
in paragraphs 1 to 6 above;
8- the money laundering offenses provided for by this
Coded.
Article 195: Also constitutes an act of terrorism,
when it is intentionally related to a
individual or collective enterprise with the aim of
seriously disturb the public order through intimidation or
terror, the fact of introducing into the atmosphere, on the ground,
in the basement, in food or components
food or in waters, including those of the sea
territorial, a substance likely to endanger, the
health of humans, animals or the natural environment.
Article 196: Also constitutes an act of terrorism,
the fact of participating in a group formed or in a
agreement established for the preparation characterized by
one or more material facts, from one of the acts of
terrorism referred to in Articles 194 and 195 above.
Article 197: Also constitutes an act of terrorism:
1- the fact of financing a terrorist enterprise by
providing, raising or managing funds,
values ​or goods or by giving
advice to this end, with the intention of seeing these funds,
values ​or goods used or knowing that they are
intended to be used, in whole or in part, for
commit any of the acts of terrorism
provided for in this chapter, regardless of the
possible occurrence of such an act;
2- the fact of sending a person offers or
promises, to offer him gifts, presents or
advantages, threatening or exercising on
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documents causing directly to the commission
acts of terrorism or by condoning them;
- have stayed abroad in a theater of operations
terrorist groups.
Article 200: Also constitutes an act of terrorism,
the fact of applying to the preparation of the commission
offenses, or by one of the acts of terrorism
defined in this chapter, or by one of the acts of
terrorism consisting of destruction, degradation
or deterioration by explosive substances or
incendiary to be carried out under circumstances
time or place likely to cause harm
to the physical integrity of one or more persons, either
when the act of terrorism is likely to result in
attacks on the physical integrity of one or more
people.
Article 201: The maximum of the deprivation of
freedom incurred for common law offenses
mentioned in Article 194 above, is noted as
that it follows when these offenses constitute acts of
terrorism:
1- he is brought to life imprisonment
when the offense is punished by criminal imprisonment
time ;
2- it is increased to fifteen years of criminal imprisonment
more when the offense is punished by ten years
imprisonment;
3- it is increased to ten years' imprisonment at most
when the offense is punished by seven years
imprisonment;
4- it is increased to seven years imprisonment at most
when the offense is punished by five years
imprisonment;
5- it is doubled when the offense is punished
imprisonment for up to three years.
The attempt of the offenses referred to in article 194
above is punishable by the same penalties.
Article 202: The act of terrorism defined in article 195
above, is punished by twenty years of criminal imprisonment and
a fine of 100,000,000 francs at most.
When this act resulted in the death of one or
several people, he is punished by criminal imprisonment
in perpetuity and a fine of 500,000,000 francs
more.
Article 203: Acts of terrorism defined in articles
196 and 197 paragraph 1 st above, are punishable by ten years
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3- prohibition of stay, according to the modalities provided
by this Code, the maximum duration of
the ban being extended to fifteen years in the event of a crime and
ten years in the event of a misdemeanor.
Article 206: Prohibition of entry and stay on the
Gabonese territory can be pronounced either as
definitive, i.e. for a period of ten years at most, at
against any foreigner guilty of one of the
offenses defined in this title.
Article 207: Legal persons declared guilty
offenses defined in this Title incur, in addition
the fine, additional penalties according to
modalities provided for by this Code.
Article 208: Natural or legal persons
found guilty of acts of terrorism, incur
also the additional penalty of confiscation of
all or part of the property belonging to them or, subject to
of the rights of the bona fide owner, of which they are
free disposal, whatever the nature, movable or
immovable, divided or undivided.
Article 209: The proceeds of fines, seizures and
confiscations pronounced in repression of acts of
terrorism is acquired by the State for the purposes, if any,
compensation for victims.
This product is allocated to the Public Treasury.
Chapter III: Mitigations
Article 210: Anyone who has attempted to commit
an act of terrorism is exempt from punishment if, having
notified the administrative or judicial authority, it has
allowed to avoid the commission of the offense and
identify, if applicable, the other culprits.
Article 211: The custodial sentence incurred by
the perpetrator or the accomplice of an act of terrorism is reduced
by half if, having informed the administrative authorities or
judicial proceedings, the person concerned made it possible to put an end to the
criminal acts or to prevent the offense
does not result in the death of a man or permanent disability and
identify, if applicable, the other culprits.
When the penalty is imprisonment
life imprisonment, it is reduced to twenty years
of criminal imprisonment at most.
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The imprisonment will be for a maximum of three years, if the
unarmed person, continued to be part
voluntarily from an armed gathering not having
dispersed only in the face of the use of force.
Article 215: Without prejudice, where appropriate, to penalties
stronger, will be punished with imprisonment for three years
at most, anyone, in a crowd, during
of an event or on the occasion of an event,
during or during a meeting, will have been
found carrying an apparent or hidden weapon, or
any apparent or hidden objects that were used
weapon or brought in to be used as a weapon.
The imprisonment will be for a maximum of five years,
case of an assembly dispersed by force.
Article 216: Any provocation or direct incitement to
an unarmed gathering or by speeches made
publicly, either in written or printed matter displayed or
distributed, will be punished by imprisonment for one year at
more, if it has been followed up and, if not,
imprisonment for not more than six months.
Any direct provocation or incitement by
same means to an armed gathering is punished with a
imprisonment for up to five years if followed
effect and, otherwise, imprisonment
one year at most.
Section 2: Offenses committed in relation to
public meeting
Article 217: Are punished by imprisonment of six
months and a fine of 50,000,000 francs
at most, or one of these two penalties only:
1-those who, in view of a meeting or a demonstration
on the public highway, will have made a declaration
incomplete or inaccurate likely to mislead
conditions of the planned meeting, or which, either before
filing of the declaration provided for by law, either after
the ban on the meeting, will have addressed by some means
any invitation to take part;
2-those who will have participated in the organization of a
meeting or demonstration on public roads not
declared or prohibited.
Section 3: Contempt of the flag, of the national anthem,
with the seal or coat of arms of the Republic
Article 218: Whoever has, by words, writings, gestures or
in some other way, outraged the flag of the
Gabonese Republic, the National Anthem, the Seal, the
coat of arms or any other symbol of the Republic, is
punishable by imprisonment for one year at most and one
a fine of 5,000,000 francs at most, or one of
these two penalties only.
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Section 7: Propaganda written to disturb
public order and incite revolt
Article 222: Anyone who participates in any way
whether, to any written or oral propaganda tending to
disturb public order, to incite revolt against
State authorities, to undermine the Republic in
the prestige of its institutions, to cause disunity
of citizens, to create racial, religious or tribal hatred
and, in general, to harm the vital interests of the State
and the Nation, is punished by imprisonment for five
years at most and a fine of 5,000,000 francs
more.
Section 8: Participation in propaganda for
incite revolt or civil disobedience
Article 223: Anyone who receives directly or
indirectly, in whatever form and in whatever capacity
whether funds from foreign sources intended for
propaganda aimed at harming the national interest or
disturb public order and engage in propaganda
policy of this nature is punishable by imprisonment
up to five years and a fine of 5,000,000
francs at most.
The funds thus received can be seized in all
place where the addressee will have deposited them and all
future payment will be blocked or confiscated from the
Plublic treasure.
Article 224: The penalties provided for in article
223 above, those who broadcast or hold, in view
dissemination, for the purpose of propaganda, of leaflets,
by any electronic means, newsletters or butterflies
of foreign origin or inspiration likely to harm
national interest or to disturb public order.
Article 225: Anyone who knowingly disseminates or
reproduces prohibited newspapers or periodicals
under the conditions provided for by the legislation in force,
shall be punished by imprisonment for up to two years and
a fine of 2,000,000 francs at most.
Article 226: Anyone who, by written propaganda or
oral, whatever the means of dissemination,
directly or indirectly caused a crime or
crime directed against the State or individuals, against
people or property, or advocates these crimes
or misdemeanors, is punishable by imprisonment for three years at
more.
Are punished with the same penalties, those who will have
incited, provoked or encouraged the perpetrator (s), if
where the provocation would have been followed.
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Article 232: The transport, putting into circulation or
detention with a view to putting the signs into circulation
counterfeit, falsified or altered monetary instruments referred to in
Articles 230 and 231 above are punished by ten years
imprisonment at most and a fine of
15,000,000 francs at most.
Article 233: The penalties set out in articles 230, 231
and 232 above do not apply to those who, having
received in payment the coins or banknotes
counterfeit or altered bank, put them back into circulation
in good faith.
However, whoever has, in bad faith,
in particular after having noted or made note
vices that affect them, makes use of banknotes and coins
counterfeit or altered currency, is punishable by a fine at
less equal to three times the total amount of the value of
notes and coins handed over and at most equal to six times this
amount, the fine pronounced not being able, in all
case, be less than 500,000 francs.
Article 234: Persons implicated in the facts
referred to in Articles 230 and 231 above are exempt from
penalty if, before the commission of these facts and before any
prosecution, they revealed its existence and denounced the
authors to the constituted authorities, or if, even after the
prosecutions started, they allowed the arrest
of the perpetrators or those who proposed to commit them.
People guilty of crimes and misdemeanors
provided for in this chapter, also incur the
additional penalties provided for in this Code.
Chapter II: Counterfeiting and falsification
State seals, public effects, hallmarks,
stamps and marks.
Article 235: Is punished by ten years' imprisonment
more and a fine of 10,000,000 francs at most,
anyone:
1- has forged or falsified the state seal or made use of
a forged or forged seal;
2- has counterfeited or falsified bills issued by the Treasury
public with its stamp or mark or will have made use of
of these counterfeit or falsified effects or will have introduced them
on Gabonese territory.
Counterfeit or falsified seals, effects and
counterfeit or falsified tickets will be confiscated and
destroyed.
Article 236: Anyone who has forged or falsified either
national stamps, i.e. the hammers of the state serving
forest marks, i.e. the punch used to
mark the matters of gold or silver, or who made
knowingly using papers, effects, stamps, hammers
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1- manufactured, sold, peddled or distributed all objects
printed matter or forms obtained by a process
any which, by their external form, would present
with coins or banknotes having
legal tender in Gabon, with annuity certificates, vignettes
and stamps, stocks, bonds, interest shares, coupons
dividends or interest thereon, and, generally,
with the fiduciary securities issued by the State, the
municipalities, public establishments, companies,
companies or private companies, a resemblance
likely to facilitate the acceptance of said objects,
printed matter or formulas, in places and places of values
imitated;
2- made, sold, peddled, distributed or used
printed matter which, by their format, color, text,
their typographical arrangement or any other character,
would present with letterhead or printed
officials of institutions, public administrations
and different jurisdictions, a resemblance of
such as to cause misunderstanding in the mind of the public;
3- knowingly uses postage stamps or stamps
mobile devices already in use, or which has by any means altered
stamps in order to prevent them from being canceled and
thus allow their subsequent reuse;
4- overloaded by printing, perforation or any other
by means of postage stamps or other fiduciary securities
postage expired or not, with the exception of transactions
prescribed by the Ministry in charge of Posts and
Telecommunications on its own behalf, or has sold,
peddled, offered, distributed, exported postage stamps
thus overloaded;
5- counterfeit, imitated or altered labels, stamps,
postage stamps or reply coupons
issued by the post office of a foreign country, or
sold, peddled the aforesaid labels, stamps, imprints
or reply coupons, or made use of them.
In all cases, the goods or objects from
or having served in the commission of the offense will be
confiscated and destroyed.
The perpetrators of the offenses provided for in this
chapter incur also the penalties
additional provisions provided for in this Code.
Chapter III: Fakes
Article 240: Constitutes a forgery, any alteration
fraudulent truth likely to cause prejudice
and accomplished by whatever means, in a
written or any other medium for expressing thought, which
has as its object or which may have the effect of establishing the
proof of a right or a fact with consequences
legal.
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Article 246: Is punished by imprisonment for three years
at most and a fine of 2,000,000 francs at most,
without prejudice to the application, where applicable, of
penalties provided for by this Code or special laws,
anyone who has:
1- knowingly issued a certificate or attestation, of
public or private nature, reporting facts
materially inaccurate;
2- tampered with or modified in any way
certificate or an attestation originally sincere;
3- knowingly makes use of a certificate or
false or falsified certificate;
4- provoked, by false statements made
before an official or a public officer, or a
agent or employee of a public administration,
insertion in a public or authentic document
statements contrary to the truth.
The culprits may, moreover, be deprived of
rights referred to in article 79 of this Code or, where
if necessary, be subject to the expulsion order provided for in
article 86 above.
Chapter IV: Rebellion
Article 247: Any attack,
any resistance with violence and assault against
any person holding public authority or any
person in charge of a public service mission
acting for the execution of laws, orders or
ordinances of the public authority, decisions,
requisitions or warrants.
Article 248: Rebellion with a weapon is punished with
imprisonment for up to ten years and may be, in
in addition to a fine in the amount of 20,000,000
francs at most, if it is committed in a meeting of more than
two people.
If it is committed by one or two people,
it is punished by imprisonment for up to five years
and a fine of 5,000,000 francs to the
more, or one of these two penalties only.
Article 249: Unarmed rebellion is punished with
imprisonment for not more than five years if it has been
committed in a meeting of more than two people.
If it is committed by one or two people,
she is punished by imprisonment for a maximum of two years
and a fine of 5,000,000 francs to the
more, or one of these two penalties only.
Article 250: Any meeting for the commission of a
crime or misdemeanor is deemed armed when more than
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Article 258: In the cases referred to in Articles 256 and 257
above, where the contempt consisted of an allegation
or an imputation which harms the honor or the
consideration of the person or body to which he is
imputed, the truth of the defamatory facts may be
proven, except when the imputation concerns private life
of the person or refers to a fact dating back more than
ten years, or constitutes an amnestied offense or
prescribed. If proof of the defamatory fact is reported,
the accused will be discharged for the purposes of prosecution in
all cases.
The prosecution can only be initiated on
complaint from the victim or, possibly from the minister whose
it falls under, or, in the case of a body constituted, on a
deliberation taken at a general meeting and requiring
prosecutions or, if the body does not have a general assembly,
on the complaint of the head of the body or the minister whose
body raises.
Article 259: Any individual who, even without weapons and
without causing injury, will have worn
beatings to one of the persons protected by article 257
above, in the performance of his duties or
the occasion of this exercise, or committed any other
violence or assault against her, in the same
circumstances, is punishable by imprisonment for one year at
more and a fine in the amount of 1,000,000
francs at most, or only one of these two penalties.
Article 260: If the violence referred to in article 259 above
above have been the cause of injury or if they have been
done with premeditation or ambush, the penalty
imprisonment is increased to a maximum of two years, and
the fine is 2,000,000 francs at most.
If they resulted in death, the culprit will be
punished by twenty years of criminal imprisonment at most.
Whether the blows were dealt or the wounds made
with intent to kill, the culprit will be punished
of criminal imprisonment in time.
Chapter VI: Usurpation of titles or
functions
Article 261: Anyone who has carried on an activity in
conditions likely to create in the minds of the public a
confusion with the exercise of a public function or
an activity reserved for public officers or
ministerial, is punished by imprisonment for three years
at most and a fine of 2,000,000 francs at most,
or only one of these two penalties.
Article 262: Whoever, without title, has interfered in
the exercise of public functions, by performing one
acts reserved for the holders of these functions, is
punishable by imprisonment for one year at most and one
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Article 268: Any threat or any other act
intimidation of anyone committed with a view to
determine the victim of a crime or an offense not to
to file a complaint or to retract, is punished by three years
imprisonment at most and a fine of
1,000,000 francs at most.
Article 269: Whoever, knowing the conduct
criminal perpetrators or accomplices of a crime or misdemeanor,
usually provides them with a place of retreat or meeting,
subsidies, subsistence, means of existence or any other
means of avoiding search or arrest,
is punished by three years' imprisonment at most and one
fine of 5,000,000 francs at most.
This provision does not apply to
ascendants, descendants and spouses of the person
wanted.
Article 270: Anyone who concealed or concealed the corpse
of a person who was the victim of a homicide or who died
consequences of violence, will be punished by imprisonment
three years at most and a fine of 5,000,000 francs
at most, or one of these two penalties only, without
prejudice of more serious penalties if he participated in the crime.
Article 271: Anyone who, having publicly
declared to know the perpetrators of a crime or an offense,
refuses to answer questions put to him at
in this regard by the investigating magistrate, the police officer
judicial or competent jurisdiction, is punished by a
imprisonment for up to one year and a fine of
500,000 francs at most, or one of these two penalties
only.
These provisions do not apply to
ascendants, descendants and spouses of the person
wanted.
Article 272: Witnesses who have made an excuse
whose falsity has been established are punished, without prejudice
fines imposed for the non-appearance, of a
imprisonment for up to six months and a fine of
500,000 francs at most.
Article 273: Anyone knowing the proof of
the innocence of a preventive prisoner
or tried for felony or misdemeanor, voluntarily abstains
to bring this testimony immediately to the authorities of
justice or police, is punished by imprisonment of
three years at most and a fine of 1,000,000 francs
at most, or only one of these two penalties.
However, no penalty will be pronounced
against him who bears witness late,
but spontaneously.
These provisions do not apply to the culprit
of the fact which motivated the prosecution, to the co-authors, to the
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fraudulently all or part of his property, is punished
imprisonment for up to three years, and
fine of 3,000,000 francs at most, all without
prejudice of stronger penalties in the event of rebellion.
Article 279: Whoever opens or announces
publicly a subscription intended to pay
fines, legal costs or damages
pronounced by the courts of law in matters
penal, is punishable by imprisonment for one year at most and
a fine of 2,000,000 francs at most, or
one of these two penalties only.
Chapter VIII: Escape of prisoners
Article 280: Anyone who has prepared or helped, by
by any means or from any place, the escape
or the attempted escape of a prisoner, is punishable by
imprisonment for up to seven years and a fine of
2,000,000 francs at most, or one of these two
penalties only.
Article 281: If the person referred to in article 280
previous was responsible for guarding or escorting the
detained, the penalty will be imprisonment for ten years
more and a fine of 5,000,000 francs at most, or
one of these two penalties only.
Article 282: If the escape was made or attempted with
violence, the accomplices referred to in the previous articles
are punished by fifteen years of criminal imprisonment.
Article 283: Any detainee who, by any means whatsoever
either escaped from a penal institution,
either from a hospital or health establishment where he was
in treatment, or when he was employed outside
of a penitentiary establishment, either during a
transfer, is punishable by imprisonment for five
years at most.
If the escape was made or attempted with
violence or prison break, the penalty is ten years
imprisonment at most.
If the violence resulted in disability
whatever, temporary or definitive, the penalty is that
twenty years of criminal imprisonment.
If the escape was carried out with violence
followed by death, the penalty is imprisonment
life imprisonment.
Article 284: The guards responsible for the surveillance or
the escort of detainees who, through their negligence, have
made an escape possible, are punished with a
imprisonment for up to three years and a fine of
3,000,000 francs at most, or one of these two
penalties only.
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Chapter X: vagrancy and begging
group or sect which tends, by its advice,
instructions, instructions or by any other means, either to
cause disobedience to laws and regulations, either
to encourage the population to collective refusal to pay tax
and its accessories, or to defer payment.
Is punished with the same penalties, whoever will have
knowingly granted or consented to the use of premises for
the meeting of persons belonging to one of these
groups or sects.
TITLE II: TERRORISM
Chapter I st : Acts of terrorism
Article 194: Constitute acts of terrorism,
when they are intentionally related to a
individual or collective enterprise with the aim of
59
she presses her to participate in a group
or an illicit agreement referred to in this chapter or
that it commits one of the acts of terrorism referred to in
points 1 and 2 of this article or in article 196 below.
above ;
3- the fact of not being able to justify resources
corresponding to his lifestyle, while being in
habitual relations with one or more persons
delivering to one or more of the acts referred to in Article 196
above, is punished by seven years' imprisonment and
20,000,000 francs fine at most.
Article 198: The act of provoking or inciting
directly to acts of terrorism or to
publicly defending these acts, is punished with
imprisonment for up to seven years and a fine of
20,000,000 francs at most.
The penalties are increased to ten years
imprisonment at most and 50,000,000 francs
fine at most, when the acts were committed in
using an online public communication service.
When the acts are committed by way of
written or audiovisual press or communication
to the online public, the specific provisions of the laws
which govern these matters are applicable as far as
concerns the determination of responsible persons.
Article 199: Also constitutes an act of terrorism,
preparing for the commission of one of the offenses
provided for in Article 198 above, since the
preparation for the offense is intentionally
relationship with a sole proprietorship with the aim of
to seriously disturb public order by intimidation
or terror and is characterized by:
1- the fact of holding, seeking, obtaining or
make objects or substances likely to create
a danger to others;
2- one of the other following material facts:
-gather information on places or
people allowing action in these places
or to harm these persons or to exercise
surveillance on these places or people;
- train or train in the handling of weapons or
in any form of combat, manufacturing or
the use of explosive and incendiary substances,
nuclear, radiological, biological or chemical or
piloting aircraft or operating ships, or
any other means of transport;
- usually consult one or more
communication to the public online or hold
imprisonment and a fine of 30,000,000 francs
at most.
Directing or organizing the group
or the agreement defined in articles 200 and following, is punished
of twenty years of criminal imprisonment at most and
50,000,000 francs fine at most.
The act of terrorism defined in article 197 paragraph
1 st is punished by twenty years of criminal imprisonment and
30,000,000 francs fine at most.
Article 204: The penalties are increased to twenty years of
criminal imprisonment at most and 50,000,000 francs
fine at most, when the group or agreement
defined in Articles 200 et seq., has as its object the
preparation:
1- either one or more crimes against
people;
2- either one or more destruction by substances
explosive or incendiary and to be carried out in
circumstances of time or place likely
result in the death of one or more people;
3- or an act of terrorism likely to lead to the
death of one or more people.
Directing or organizing such
grouping or such an agreement is punished by thirty years
criminal imprisonment at most and 100,000,000 francs
fine at most.
Chapter II: Complementary penalties.
Article 205: Natural persons guilty of
one of the offenses provided for in this Title
incur the following additional penalties:
1- the prohibition of civic, civil and family rights,
the maximum duration of the ban being increased to
fifteen years in the event of a felony and ten years in the event of a misdemeanor;
2- the prohibition, according to the modalities provided for in article 98
of this Code, either to exercise a public function or
to exercise professional or social activity in
the exercise or on the occasion of the exercise of which
the offense has been committed, the maximum duration of
the temporary ban being extended to ten years, i.e., for
the crimes provided for in Articles 200 et seq.,
to exercise a commercial or industrial profession,
direct, administer, manage or control in any capacity
any, directly or indirectly, for its
own account or on behalf of others, a company
commercial or industrial or a trading company.
These exercise bans may be pronounced
cumulatively;
61
TITLE III: BREACHES OF THE AUTHORITY OF
STATE
Chapter I st : Offenses against public order
Section 1: Participation in an armed assembly
or not armed
Article 212: Is prohibited on the public highway or in a
public place :
1- any armed gathering;
2- any unarmed gathering likely to disturb
public order.
The crowd is armed if one of the individuals
who compose it is carrying an apparent weapon, or if
several of them carry hidden weapons or
any objects, visible or hidden, having served
or can be used as a weapon.
Article 213: Representatives of the law enforcement agencies
responsible for dispersing a crowd can do
use of force, which must be proportional to the
nature of the act committed, if violence or assault
are exercised against them or if they cannot defend
otherwise the land they occupy or the positions whose
custody is entrusted to them.
In addition, to ensure the enforcement of the law,
of a court decision or warrant, they can
use force under the same conditions.
In other cases, the assembly is dispersed
by force after the governor, prefect or deputy
prefect, the mayor or one of his deputies, the commissioner
police or any other law enforcement officer
bearer of the insignia of his office:
1- will have announced its presence by an audible signal or
luminous to effectively warn people
constituting the assembly;
2- will have summoned the people participating in
the crowd to disperse;
3- will have proceeded in the same way to a second,
then to a third summons, if the first remained
Without effect.
Article 214: Any unarmed person who, by
part of an armed or unarmed gathering, will not have
not abandoned after the second summons, is punished
imprisonment for one year at most.
Is constitutive of contempt, any act or any
attitude of such a nature as to undermine the consideration,
respect, prestige or use of these symbols such as
defined by the texts in force.
Section 4: Contempt of the President of the
Republic
Article 219: Contempt against the President of the
Republic, committed in some place, in some
occasion or by any means, is punished
imprisonment for up to five years and may be
in addition to a fine in the amount of 5,000,000
francs at most.
If the contempt was committed by leaflets,
any electronic means, bulletins or butterflies,
distributed or displayed in the public eye or held in
view of the distribution, the authors and accomplices are punished
up to two years' imprisonment and a fine
of 2,000,000 francs at most. The court seised
orders in all cases, the destruction of the leaflets,
newsletters or butterflies distributed or displayed, at the expense of
the offender.
Section 5: Outrage against Heads of State and
Foreign governments, ambassadors and others
diplomatic agents
Article 220: Contempt publicly committed against
Head of State or Foreign Government,
ambassadors and other accredited diplomatic agents
near the Government of the Gabonese Republic, is
punishable by imprisonment for up to six months and may
be, in addition, a fine in the amount of 500,000
francs at most.
Proceedings can only be brought against
complaint of the outraged person addressed to the public prosecutor
the competent Republic by the Minister in charge of
Foreign Affairs.
Section 6: From provocation or propaganda to
disobedience to security and defense forces
Article 221: Any provocation addressed by
written or oral propaganda, whatever the
means of dissemination, to internal security forces,
to soldiers of the army, sea or air, in
view to divert from their duties and obedience
that they owe to their leaders in all that they
order for the execution of laws, regulations,
requisitions, orders from public authorities, or
for the execution of military regulations, is punished
imprisonment for not more than two years and
fine of 500,000 francs at most.
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Section 9: Dissemination of false news or
false allegations
Article 227: Dissemination or reproduction, by
any way, fake news, to
fabricated, falsified or deceptively
attributed to third parties, when, made in bad faith, it
will have disturbed public order or is likely to
disturb, is punishable by imprisonment for five years at
more and a fine of 3,000,000 francs at most.
The same facts are punished of a
imprisonment for up to ten years and a fine of
5,000,000 francs at most, when the broadcast or
reproduction made in bad faith, will be likely to
undermine the discipline or morale of the armed forces.
Article 228: Anyone, by means or means
of any kind, knowingly spread to the public
false facts or false allegations of a nature to
directly or indirectly undermine his confidence in
the strength of the currency, the value of state funds
any kind, or funds from other communities
public, public establishments and, in a way
general, of all organizations where local authorities
above have a direct or indirect participation, is
punishable by imprisonment for not more than five years and
fine of 3,000,000 francs at most.
Section 10: Obstruction of the execution of the works
public
Article 229: Anyone, by de facto, and without cause
legitimate, will have opposed the carrying out of
public is punishable by imprisonment for up to one year and
a fine of 1,000,000 francs at most.
TITLE IV: BREACH OF CONFIDENCE
PUBLIC AND OTHER BREACHES
PUBLIC THING
Chapter I st : From counterfeit money
Article 230: Anyone who has counterfeited, falsified, altered
or destroy banknotes or coins
being legal tender in Gabon, or participating in the program or
the display of said counterfeit coins or notes,
falsified or altered or their introduction into the territory
Gabonese, will be punished by criminal imprisonment
perpetuity.
Article 231: Anyone who, in Gabon, has counterfeit,
falsified, altered or destroyed foreign currency or
participated in the program, exhibition or introduction to
Gabon, coins or banknotes issued by
foreign institutions authorized for this purpose, will be punished by
criminal imprisonment in time.
or counterfeit or falsified punches, is punishable by
imprisonment for a maximum of ten years and may be,
in addition, a fine of 5,000,000 francs at most.
Is punished with the same penalties, whoever, having
improperly procured the real stamps, hammers or
authentic hallmarks having one of the destinations
referred to in the above paragraph, has made an application or
a use prejudicial to the rights and interests of the State.
Article 237: Is punished by imprisonment for five years
at most and can be, in addition, a fine of
5,000,000 francs at most, anyone who has:
1- counterfeit the marks intended to be affixed to the
name of the Government on the various species of
goods or goods, or makes use of such false
brands;
2- counterfeit the seal, stamp or mark of an authority
any or made use of any seal, stamp or mark
counterfeit;
3- counterfeit official letterhead or printed matter
institutions, public administrations or
different jurisdictions, sold, peddled or
distributed, or made use of the papers or printed matter so
counterfeit;
4- counterfeit or falsified postage stamps, impressions
franking or reply coupon issued by
the Post Office and mobile stamps, or
knowingly sold, peddled, distributed or used said
counterfeit stamps, fingerprints or reply coupons or
falsified.
The culprits may, moreover, be deprived of
rights mentioned in article 79 of this Code during
at least five years and at most ten years, from
expiration of their sentence or, where applicable, be subject to
of the expulsion measure provided for in article 86 above.
In all cases, the goods or objects from
or having served in the commission of the offense will be
confiscated and destroyed.
The provisions of this article apply to
the attempt of these crimes.
Article 238: Whoever, having improperly obtained
real seals, marks, stamps or printed matter provided for
the previous article, will have made or attempted to make one
fraudulent use is punishable by imprisonment for five
years at most and a fine of 10,000,000 francs
more.
Article 239: is punished by imprisonment for one year at
more and a fine of 500,000 francs at most,
anyone who has:
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Article 241: False clerks in an administration
public for the purpose of establishing a right, identity or
a quality, or to grant an authorization is punishable by
up to five years' imprisonment, and a fine of
5,000,000 francs at most.
The use of this forgery is punished with the same penalties.
The penalties are doubled when the
false or the use is committed:
-in the usual way;
- for the purpose of facilitating the commission of a crime or
to procure impunity for its author.
Article 242: Anyone who has committed or attempted to
commit a forgery in private, commercial or
bank is punished by imprisonment for three years at
more and a fine of 3,000,000 francs at most.
Is punished with the same penalty, whoever will have
knowingly made use of the counterfeit coin.
Article 243: The fact of fraudulently procuring
others a document issued by an administration
public for the purpose of establishing a right, identity or
a quality, or to grant an authorization, is punished by
up to five years' imprisonment and a fine of
3,000,000 francs at most.
The penalties are doubled when the fact
is committed:
-in the usual way;
- for the purpose of facilitating the commission of a crime or
to procure impunity for its author.
Article 244: The fact of being unduly delivered, by
a public administration, or by a body responsible
of a public service mission, by any means
fraudulent whatsoever, a document intended to
a right, an identity or a capacity, or grant a
authorization, is punishable by five years' imprisonment
more and a fine of 5,000,000 francs at most.
Is punished with the same penalties, the fact of providing a
false declaration in order to obtain a
public administration or body responsible for
public service mission, an allowance, a payment
or an undue advantage.
Article 245: Hoteliers, landlords and innkeepers who,
knowingly enter in their registers under names
false or supposed, the people staying with them, or who,
in collusion with them, will have omitted to register them,
are punished by imprisonment for up to six months and
a fine of 2,000,000 francs at most.
two people attending this meeting are wearing
visible weapons.
Article 251: Persons who are provided
hidden weapons that would have been part of a troop
or meeting not deemed armed will be individually
punished as if they had been part of a troop or
army meeting.
Article 252: In case of rebellion with gang or
gathering, no penalty will be pronounced against
those who, without function or employment in the band, are
will be withdrawn at the first warning from the authority
public or even since, if they have only been entered outside
of the place of the rebellion, without new resistance and without
armed.
Article 253: The perpetrators of crimes or offenses committed
during the course and on the occasion of a rebellion will be
punished with the sentences pronounced for each of these crimes
and offenses, if they are stronger than those of the
rebellion.
Article 254: The fact of opposing by de facto or
violence, without a legitimate reason, in the execution of work
public or of public utility is punished with
imprisonment for up to one year and a fine of
1,000,000 francs at most.
Chapter V: Outrages against the depositaries of
public authority and force
Article 255: Any attack on honor or
consideration of a depositary person or body
of public authority committed by abusive words,
defamatory or threatening, writings, drawings, images of
any kind or gesture constitutes an outrage.
Article 256: Contempt publicly committed against
courts, tribunals, armies, constituted bodies and
public administrations is punished with
imprisonment for up to one year and a fine of one
amount of 3,000,000 francs at most.
Article 257: Contempt committed in the exercise of their
functions or during this exercise, publicly
or not, provided in the latter case that it has been
addressed to the person concerned, to a member of the
Parliament, a magistrate, is punished with imprisonment
for a maximum of six months and a fine of
500,000 francs at most, or one of these two penalties
only.
If the contempt is committed against a member of the
Government, the prison sentence is six
months at most. It can be extended to one year if the offense has been
committed by way of leaflets, bulletins, or butterflies
distributed, displayed in the public eye or held in
view of the distribution.
67
a fine of 1,000,000 francs at most, or one of
these two penalties only.
Article 263: Whoever has, without right, brought
publicly a regulation costume, uniform or
a decoration regulated by the public authority, will be
punishable by imprisonment for up to two years and one
a fine of 2,000,000 francs at most, or one of
these two penalties only.
Is punished with the same penalty, whoever has used
a vehicle with external signs identical to those
used by the police and gendarmerie.
Article 264: Anyone, without fulfilling the conditions
required to wear it, used or claimed a
title attached to a legally regulated profession,
an official diploma or a quality whose
award conditions have been set by the authority
public, is punishable by imprisonment for one year at most
and a fine of 1,000,000 francs at most or
one of these two penalties only.
Chapter VII: Obstacles to the action of justice
Article 265: Anyone having knowledge of a crime
already tried or consumed, did not, while still
possible to prevent or limit the effects, warned
immediately the administrative or judicial authorities, is
punishable by imprisonment for up to three years and one
fine of 1,000,000 francs at most or one of
these two penalties only.
Parents or allies are excepted from these penalties.
up to and including the fourth degree, except for
concerns crimes committed against minors aged fifteen
years.
Article 266: Anyone who has modified the inventory of fixtures
crime or misdemeanor either by erasing traces or
indices, either by moving or deleting
of any objects, is punished by imprisonment of
three years at most and a fine of 1,000,000 francs
at most, or only one of these two penalties.
Article 267: Whoever has intentionally destroyed,
withhold, conceal, conceal or alter a public document
or private in order to facilitate the investigation of crimes and
crimes, the discovery of evidence or the punishment of their
author, is punished by imprisonment for seven years
more and a fine in the amount of 3,000,000
francs at most, or only one of these two penalties.
These provisions do not apply to the culprit
itself who destroys documents likely to make the
proof of the offense he committed.
accomplices and relatives or allies of these people
up to and including the fourth degree.
Article 274: Whoever has, without any excuse or
justification, being regularly summoned or quoted:
-refused to comply with the summons of the police officer
judicial;
-refused to appear before the examining magistrate;
-refused to appear before the criminal court;
-refused to appear before the criminal court;
or take an oath or give evidence before these authorities
and jurisdictions, will be punished by six months imprisonment
at most and a fine of 500,000 francs at most.
Article 275: Whoever has made, under oath, a
false testimony before a court or
judicial police officer, is punished with
imprisonment for one year at most and 2,000,000
francs fine at most.
False testimony is punished with a
imprisonment for up to three years and a fine of
3,000,000 francs at most:
-when it was caused by the delivery of a donation or
of any reward;
-when it has been committed against a person liable
of a criminal sentence or in its favor.
The author of false testimony is exempt
of sorrow if he spontaneously retracted his testimony
before the decision terminating the proceedings before the
investigating court or by the court of
judgment.
Article 276: Anyone, either during a procedure
and, in any event, either in any matter with a view to
of a legal claim or defense, will have used
promises, offers or gifts, pressures, threats,
assault, maneuver or artifice to determine
others to make or deliver a deposition, a declaration
or a false attestation, whether this bribery was
or not produced its effect, will be punished by imprisonment
up to five years and a fine of 5,000,000
francs at most.
Bribery of an interpreter will be punished as
witness tampering.
Article 277: The person to whom the oath is taken in matters
civil and who has taken a false oath, is punished with a
imprisonment for up to three years and a fine of
1,000,000 francs at most.
Article 278: Whoever opposes, in bad faith,
the execution of final court decisions as long as
civil than repressive, or, in order to escape the
legal execution, concealment or dispelling
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Article 285: Prisoners sentenced for escape or
attempted escape will receive their sentence for this offense
immediately after the expiration of the main sentence for
which they are held.
Article 286: The execution of the penalties referred to in article
284 above pronounced against drivers or
guards, in cases of negligence only, will
interrupted when the escapees are recaptured or
represented, provided that it is within four months of
escape, and that they are not arrested for others
crimes or offenses committed subsequently.
No prosecution will take place against those who
will have attempted to procure or facilitate an escape if, before
that this has not been carried out, they have given knowledge
from the project to the administrative or judicial authorities and
revealed to them the perpetrators.
Article 287: Without prejudice to the application, the case
if necessary, more severe penalties provided for in Articles 284
and 286 above, is punished by imprisonment for one year
at most and a fine of 2,000,000 francs at most,
or one of these two penalties only, whoever has,
in irregular conditions, delivered or sent,
or attempted to deliver or deliver to an inmate, in
wherever it is, sums of money,
any correspondence or objects.
Irregular exit or attempted exit from
sums of money, correspondence or objects
any will be punished with the same penalties.
The acts referred to in the two paragraphs above will be
considered to be accomplished under conditions
irregular if they have been committed in violation of a
regulation emanating from the direction of the administration
penitentiary or approved by it.
Chapter IX: Offenses against public order and
criminal association
Article 288: Constitutes a criminal association
any group formed or agreement established with a view to
preparation, characterized by one or more facts
material, one or more crimes or one or more
misdemeanors.
The criminal association will be punished with a
imprisonment for up to ten years and a fine of
10,000,000 francs at most.
Article 289: Anyone who has participated in a
group or the proposed commission of crime or
offense, is exempt from punishment, if it has, before any
prosecution, revealed the group or the project to the authorities
competent and allowed the identification of other
participants.
penalty is, against any person, that of imprisonment

Article 290: Any valid person who cannot justify
no means of subsistence, nor a certain domicile,
and who, voluntarily does not usually exercise any profession,
neither profession, is in a state of vagrancy is
punishable as such by imprisonment for six months at
more or the alternative sentence of community service
provided for in article 47 of this Code.
Article 291: Valid persons who present themselves
as invalids to beg, are punished
vagrancy.
Article 292: Anyone who exploits begging
a minor child, or who employs minor children
for begging, is punished with imprisonment of
five years at most and a fine of 5,000,000 francs
at most, or only one of these two penalties.
Chapter XI: Breaking of seals, removal of
documents and offenses committed in relation to
public deposits
Article 293: Whoever has, willfully, broken or
attempted to break the seals affixed either by order of
administrative authorities, or as a result of a
justice rendered in any matter whatsoever, or
participated in breaking the seal or attempting to break
sealed, is punishable by imprisonment for five years
more.
The guardian who himself broke the seals or
participated in the breaking of the seals, is punished by a
imprisonment for up to seven years.
In either case, the culprit is
sentenced to a fine of 5,000,000 francs at most.
Article 294: Any theft committed with the help of a broken
sealed is punished as theft committed using
break-in.
Article 295: Anyone who is guilty of
subtraction, destruction or removal of records,
procedural documents or other documents, registers,
acts or effects contained in archives, registries or
public deposits, or remitted to a public depository in this
quality, is punishable by imprisonment for five years at
more and a fine of 10,000,000 francs at most.
The negligent depositary will be liable to a
imprisonment for up to three years and a fine of
5,000,000 francs at most, or one of these two
penalties only.
Article 296: When the seal is broken, the
subtraction, removal or destruction of parts have
been accompanied by violence against people,
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imprisonment for up to three years and a fine of
5,000,000 francs at most, or one of these two
penalties only.
Article 303: Without prejudice to the application of the others
provisions provided for in articles 595 to 601 of this
Code relating to drug trafficking, are punished according to
the following distinctions offenders
legislative and regulatory provisions on plants
or poisonous substances classified as narcotic drugs and
in particular cannabis and its derivatives, opium and its
derivatives, heroin, morphine, cocaine and its derivatives,
kat, lysergic acid diethylamide or LSD, or
psychotropic substances classified as narcotic drugs.
Are punished by imprisonment for one year at most
and a fine of 1,500,000 francs at most, those who
have unlawfully made use of one of the
substances or plants classified as narcotic drugs.
When it is established that the person who made a
illicit drug use is a treatment
medical, the court may order him to place himself
under medical supervision or to undergo a
detoxification in a private or public medical center.
In this case, the court may not
pronounce the penalties provided for in paragraph 2 above.
Those who will evade the execution of the
placement decision provided for in the previous paragraph are
punishable by imprisonment for up to three years and one
fine of 2,000,000 francs at most.
Are punished by imprisonment for five years at
more and a fine of 10,000,000 francs at most:
-those who have facilitated to others, by any means, the
delivery or use of said substances or plants
narcotics for payment or free;
-those who, by means of fictitious prescriptions or
orders of convenience, were issued or
have attempted to obtain the said substances or
plants;
-those who, knowing the fictitious character or
complacency of these ordinances have, on the presentation
made to them, delivered said substances or plants.
When the use of said substances or plants has
been facilitated to one or more minors under ten-
eight years, or when these substances or plants have been
issued under the conditions provided for in this
paragraph, the prison sentence will be ten years
at most.
Are punished by imprisonment for five years at
more and a fine of 10,000,000 francs at most,
those who have given in or offered narcotics to a
person for personal consumption.
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a period which may not exceed five years, and the closure,
for a period of three years at most, from any establishment
where these offenses were committed by the operator or with his
complicity.
Article 306: Anyone who contravenes the prohibitions
referred to in article 305 above, is punishable by
imprisonment for up to three years and a fine
of 5,000,000 francs at most, or one of these two
penalties only.
Chapter XIII: Public intoxication
Article 307: Anyone who is found in good condition
of manifest intoxication which disturbs public order and
the tranquility of others in the streets, paths, squares, cafes,
cabarets or other public places will be immediately
arrested and referred to the public prosecutor
to be brought before the following criminal court
the flagrante delicto procedure.
She is punished with imprisonment for three
months at most and a fine of 100,000 francs at most,
only one of these two penalties or
community service alternative provided for by
article 47 of this Code.
In the event of a repeat offense, the culprit may, within
conditions provided for in this Code, be deprived of
the exercise of all or part of the rights listed in
article 79 of this Code.
It may also be forfeited of rights and
prerogatives arising from his parental authority. In this
In this case, family benefits will be paid to the
person who will have been entrusted with the custody of the children.
The court may also, in the event of a repeat offense,
pronounce the temporary ban on the convicted person
to practice his profession whenever this exercise can
seriously endanger basic health or rights
citizens.
The withdrawal of the driving license may
also be pronounced from the second conviction
for a period of two years at most.
Article 308: Cafetiers, cabaretiers and other retailers
who served alcoholic beverages to people
obviously drunk, are punished with imprisonment of
three years at most and a fine of 3,000,000 francs
at most, or one of these two penalties.
Cafetiers, cabaretiers and other retailers who
received in their establishment or served
spirits or alcoholic beverages to minors of
under eighteen years, are punished by imprisonment
up to five years and a fine of 5,000,000
francs at most, or only one of these two penalties.
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Article 314: Judicial police officers may,
before any prosecution, seize the writings, or other objects
referred to in Article 313 above including one or more
copies have been exhibited to the public and which,
by their character contrary to good morals,
would present an immediate danger to morality
public.
They can also grab, tear, lacerate or
cover the posters of the same nature.
Chapter XVI: Non-execution of certain
administrative or judicial decisions
Article 315: Any stay barred or assigned to
residence which, in violation of the decree which was
notified, appears in a place that is forbidden to him, or leaves the
zone of residence which has been assigned to him, is punished by a
imprisonment for up to three years and a fine of
5,000,000 francs at most, or one of these two
penalties only.
Anyone who,
except in cases of duly noted impossibility, will be
found in the territory of the Republic in violation
a regularly notified deportation order.
Article 316: Anyone who contravenes a decision of
justice become final condemning it in cases where
these additional penalties are provided for by law, either
the temporary or permanent closure of one or more
several establishments that it operates, either
temporary or permanent ban on exercising a
profession, is punishable by imprisonment for three years at
more and a fine of 5,000,000 francs at most.
Anyone who violates
to an administrative decision legally taken from
closure of establishment.
Chapter XVII: Other offenses against the object
public
Article 317: Any person charged as a member,
company, or individually, supply agent,
company or governance on behalf of the armed forces
who, without proven serious reason, caused the service to be missed
of which it is charged, is punished by imprisonment of
three years at most and a fine of
5,000,000 francs at most or one of these two
penalties only.
Public officials or other persons
paid by the administration recognized as accomplices of
this offense incurs a prison sentence
five years at most.
Article 318: Although the service was not lacking, if,
negligently, the deliveries and the works were
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2- a, by registering on an electoral list,
concealed a disability prescribed by law;
3- requested and obtained one in two or more registrations
several lists;
4- is, with the help of fraudulent or false declarations
certificates, enrolled, or attempted to enroll
improperly on an electoral list, or has made
register or strike out or attempted to register or strike out
unduly a citizen.
Article 323: Is punished by imprisonment for three years
at most and a fine of 1,000,000 francs at most,
or one of these two penalties only, anyone who has:
1- voted by virtue of a registration obtained
fraudulently ;
2- took advantage of multiple registration to vote more
once;
3- voted or attempted to vote, except in the cases legally provided for
by law, in place of another person, real or
imaginary.
Article 324: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or only one of these two penalties,
anyone:
1- being responsible, in a ballot, to receive, count or
count the ballots containing the votes of the
citizens, subtracted, added or altered the ballots, or read
a name other than the one entered;
2- being instructed by an elector to write his vote, a
entered on the ballot a name other than that which was
designated.
Article 325: Anyone who, by crowd, clamor or
threatening demonstrations, disrupted operations
of an electoral college, undermined the exercise of the right
election or the freedom to vote, is punished by a
imprisonment for up to three years and a fine of
3,000,000 francs at most.
Article 326: Is punished by imprisonment for ten years
at most and a fine of 2,000,000 francs at most,
anyone who has:
1- violated or attempted to violate the ballot by irruption, in the
electoral college, committed with violence;
2- removed the ballot box containing the votes cast and not
still stripped.
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-measures intended to prevent births within
this group ;
-the forcible transfer of children from this group to another
group.
TITLE II: OTHER CRIMES AGAINST
HUMANITY
Article 330: Also constitutes a crime against
humanity, any of the following acts when
is committed in execution of a concerted plan against
of a population group, in the context of an attack
generalized or systematic:
-the voluntary attack on life;
-extermination or massive and systematic practice
summary executions;
-the deportation or forcible transfer of the population;
-the reduction in slavery;
-the forced disappearances of people;
-prisonment or other form of severe deprivation of
physical liberty in violation of the provisions
fundamental principles of international law;
-the practice of torture;
-the arrest, detention or kidnapping of persons
followed by their disappearance and accompanied by the denial of the
recognition of the deprivation of liberty or
concealment of their fate or place
where they are found with the intention of removing them from
protection of the law for an extended period;
-rape, sexual slavery, forced prostitution,
forced pregnancy, forced sterilization or any other
form of sexual violence of comparable severity;
-the persecution of any group or community
identifiable for political, racial,
national, ethnic, cultural, religious or depending
other universally recognized criteria such as
inadmissible under international law;
-the acts of domination of one racial group over another
group with the intention of maintaining this regime;
-all other inhumane acts of a similar character
intentionally causing great suffering or
serious damage to physical integrity or health
physical or mental.
TITLE III: WAR CRIMES
Article 331: For the purposes of this Code, the term
war crimes, atrocities or other crimes committed
in an international or non-international conflict and in
relationship with this conflict over people and goods in
violation of the laws and customs of war, namely:
-intentional attacks on life, forcible confinement or
the removal defined in this book;
-the act of forcing a person protected by law
international ;
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The security penalty provided for in article 128 below
above may, in the event of the pronouncement of a sentence of
life imprisonment, be increased to thirty years
under the conditions set out in the last paragraph of the same
article.
Article 339: Public action relating to crimes
provided for by this Code as well as civil action and
sentences handed down are imprescriptible.
Article 340: The crimes referred to in Titles I to III above
cannot be the subject of amnesty or pardon.
Article 341: Any immunity under national status
is unenforceable.
TITLE V: TRAFFICKING IN HUMAN BEINGS
Article 342: Trafficking in human beings is the act, in
exchange of remuneration or any other benefit
or a promise of remuneration or benefits,
recruiting a person, transporting them, transferring them,
to host it or to welcome it to put it at its
disposal or at the disposal of a third party even not
identified, for purposes:
-or to allow the commission against that person
offenses of procuring, assault or
sexual assault, exploitation of begging,
working or accommodation conditions contrary to his
dignity ;
-or to force this person to commit everything
crime or misdemeanor or to help him immigrate or
emigrate.
Article 343: The perpetrator of human trafficking is
punished by seven years' imprisonment at most and one
fine of 100,000,000 francs at most.
He is punished by ten years imprisonment at most
and 100,000,000 francs at most when it is
committed under one of the following circumstances:
- either with the use of threat, constraint, violence
or deception targeting the victim, his or her family or a
person in habitual relationship with her;
- either by a legitimate, natural or adoptive ascendant of
this person or by a person who has authority over him
or abuses the authority conferred on him by his duties;
- either by abuse of a situation of vulnerability due to its
age, illness, infirmity, impairment
physical or mental or in a state of pregnancy
apparent or known to its author;
-or with regard to a person who was outside the
national territory or upon arrival on the territory
national;
- either for purposes of servitude or slavery or
removal of one or more of its organs.
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Article 348: For the offenses provided for in this title
committed outside the national territory by a Gabonese, the
Gabonese law is applicable.
Article 349: Anyone who has attempted to commit
offenses provided for in this Title is exempt from
penalty if, having informed the administrative authority or
judicial process, it made it possible to avoid
offense and identify, if applicable, other
authors or accomplices.
The custodial sentence incurred by
the author or accomplice of one of the offenses provided for in
this title is reduced by half if, having warned
administrative or judicial authority, it made it possible to
cease the infringement or to prevent the infringement from causing
death of a man or permanent disability and to identify the
if applicable, other authors or accomplices.
When the penalty is imprisonment
life imprisonment, it is reduced to twenty years
of criminal imprisonment.
TITLE VI: VOLUNTARY HOMICIDES
Article 350: Homicide committed willfully is
qualified murder.
The murderer is punished with thirty years of
criminal imprisonment and a fine of 20,000,000
francs at most.
Article 351: Any murder committed with premeditation
or ambush is qualified as assassination.
Premeditation consists in the purpose formed,
before the action, to attack the person of an individual
determined, or even of the one that will be found or
met, even if this design would be dependent
of any circumstance or condition.
The ambush consists in waiting more or less
time, in one or more places, an individual, either for
give him death, either to exercise on him acts of
violence.
Article 352: The murder of fathers is qualified as parricide
or legitimate mother, natural or adoptive, or any other
legitimate ascendant.
Article 353: Any attack on
the lives of others, through the employment or administration of
substances that can lead to the death of some
the manner in which these substances were used or
administered and whatever the consequences.
Article 354: Anyone guilty of murder, parricide or
poisoning will be punished with criminal imprisonment
perpetuity.
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uttered in public places or meetings, either by
writings, drawings, images or any other written medium, of
the word or image sold or distributed, put in
sale or displayed to the public, either by any
means of communication to the public by
electronic, aura:
1- advocates voluntary attacks on life,
planned intentional breaches of personal integrity
to this book;
2- advocates genocide, war crimes or
crimes against humanity.
TITLE VIII: BLOWS AND INJURIES
VOLUNTARY, VIOLENCE AND
ASSAULT
Article 362: Anyone who willfully wore
beating or committing any other violence or assault on
a person having caused injuries, is punished with a
imprisonment for not more than five years and a fine of
1,000,000 francs at least.
Article 363: When the violence expressed in article
362 above were followed by mutilation, amputation
or loss of use of a limb, blindness, loss of
eye or other permanent disability, the culprit is punished
imprisonment for not more than ten years and
fine of 10,000,000 francs at most.
Article 364: The perpetrator of the blows and injuries
voluntarily, without intention to kill but
which nevertheless caused it, is punished by fifteen years of
criminal seclusion.
Article 365: The perpetrator of assault and battery
committed with premeditation or ambush, if death
ensued, is punished with criminal imprisonment
perpetuity.
When the violence was followed by
mutilation, amputation or deprivation of the use of a
limb, blindness, loss of an eye or other disability
permanent, he is punished by twenty years of imprisonment
criminal at most and a fine of 10,000,000
francs at most.
In other cases, the culprit will be punished with
imprisonment for up to ten years and a fine of
5,000,000 francs at most.
Article 366: The penalties provided for in articles 362 to 364
above are aggravated as follows, when the
victim of assault and battery is the father or the mother
legitimate, natural or adoptive, or other legitimate ascendant:
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Article 369: Whoever has caused the case to others
appropriate, with his consent, illness or
incapacity for personal work by administering
willfully, in any way, or in
inciting or forcing him to administer himself,
substances which, without being of a nature to cause
death, are harmful to health, is punishable by
repressing intentional assault and battery according to
distinctions set out in this title.
Article 370: Anyone guilty of the crime of
castration is punished by twenty years of criminal imprisonment
and a fine of 20,000,000 francs at most.
If death resulted, before the expiration of
forty days after the crime, the culprit is
punished with life imprisonment and
fine of 50,000,000 francs at most.
Article 371: The perpetrators of the offenses provided for in
this title may be private for five years at the
less and ten years at most, from the day they are
executed their sentence, of the rights mentioned in article 79
of this Code.
TITLE IX: THREATS
Article 372: Whoever has threatened others with death, by
anonymous or signed writing, image, symbol, emblem or
by any other means, is punished:
- imprisonment for not more than five years and
fine of 2,000,000 francs at most, if the threat has
been made with an order to fulfill a condition;
- imprisonment for up to three years and one
fine of 1,000,000 francs at most, if the threat does not
been accompanied by any order or condition.
Article 373: The author of the verbal threat of death
made with order or condition is punished by a
imprisonment for not more than two years and a fine of
1,000,000 francs at most.
Article 374: Anyone who, by any of the means
any provided for in the articles of this title, threatened
others of assault or violence, if the threat was
made with order or condition, is punished with
imprisonment for up to six months and a fine of
1,000,000 francs at most.
Article 375: The perpetrator of the threat of fire or
destruction by explosion of a dwelling or any
other good is punished with penalties for the threat of
dead.
TITLE X: ABORTION
Article 376: Anyone, by food, drink,
drugs, maneuvers, violence or any other
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total incapacity for personal work for more than
of eight days, the culprit is punished by imprisonment
of two years at most and a fine of 1,000,000
francs at most, or only one of these two penalties.
Article 381: In addition to the penalties provided for in article 379 below
above, the court can pronounce against the driver
of a motor vehicle, found guilty of one of the
offenses referred to in this title, suspension or withdrawal
temporary driving license up to five years at
more.
Article 382: Is punished by imprisonment for five years
at most and a fine of 1,000,000 francs at most,
or one of these two penalties only, anyone who:
1- can prevent by its immediate action, without
risk for him or for third parties, or a qualified fact
crime, or an offense against the bodily integrity of the
person, willfully refrain from doing so;
2- voluntarily refrains from bringing to a person in
danger to the assistance that, without risk to him or to the
third party, he could lend him, either by his personal action,
or by bringing him assistance.
TITLE XII: ENDANGERING
OTHERS
Chapter I st : Risks caused to others
Article 383: Anyone who knows they have HIV or
have any other sexually affecting condition
transmissible such as to seriously endanger the
life or health of others, knowingly contaminates others, is
punished by fifteen years of criminal imprisonment and
fine of 20,000,000 francs at most.
Article 384: Anyone who directly exposes others to
immediate risk of death or injury likely to
cause dismemberment or permanent disability by
the manifestly willful breach of an obligation
particular prudence or security imposed by law
or the regulation, is punished with imprisonment of five
years at most and a fine of 5,000,000 francs
more.
Legal persons declared responsible
criminally, under the conditions provided for in the above paragraph
above are punished with a fine of 30,000,000
francs at most, in addition to the additional penalties provided for
in article 98 of this Code.
Chapter II: The abandonment of a person outside
state of protection
Article 385: Without prejudice to the application of
provisions of article 423 of this Code, anyone
abandons, in any place, the spouse, the children,
the father and mother or any person placed under his
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objects or methods recommended as means of
killing oneself is punishable by three years imprisonment
at most and a fine of 2,000,000 francs at most.
Article 390: When the offenses provided for by articles
387 and 388 above, are committed through the press
written or audiovisual, the specific provisions of
laws governing these matters are applicable with regard to
concerns the determination of responsible persons.
Article 391: Declared legal persons
criminally responsible, under the conditions provided
in Articles 387, 388 and 389 above are punishable by
45,000,000 francs fine at most, without prejudice
additional penalties provided for in Article 98 of the
this Code.
Chapter V: Fraudulent abuse of the state
ignorance or weakness
Article 392: The perpetrator of the fraudulent abuse of the state
ignorance or a situation of weakness either of a
minor, or a person whose particular
vulnerability, due to age, illness,
infirmity, physical or mental impairment or
a state of pregnancy, is apparent or is known to her
author, or a person in a state of subjection
psychological or physical resulting from the exercise of
severe or repeated pressures or techniques specific to
criminal in time, without prejudice to harsher penalties
that could be pronounced due to the nature of the
violence or other crimes that would be
concomitantly committed.
Chapter XII: Offenses committed in connection with
public health
Article 297: Illegally practices medicine, any
person who usually takes part or on
instruction, even in the presence of a doctor, to
diagnosis or treatment of
surgical, congenital or
acquired, real or supposed, by personal acts,
verbal or written consultations, or by any other
process whatever it is, without being the holder of one of the
diplomas required to perform these acts.
These provisions do not apply to
healers practicing according to traditional methods
well-known.
Article 298: Illegally practices dentistry, any
person who, without holding one of the diplomas
required for this exercise, usually takes part in the
practice of dentistry.
Article 299: Anyone who illegally exercises
medicine or dentistry is punishable by imprisonment
up to five years and a fine of 10,000,000
francs at most, or only one of these two penalties.
The confiscation of the material that allowed the
commission of these offenses may be pronounced.
Article 300: Anyone who practices the practice illegally
deliveries without having one of the
diplomas required to perform these acts, is punishable by
penalties provided for in article 299 above.
These penalties do not apply to people
usually giving births,
the absence of qualified people and in areas
away from medical centers.
Article 301: Anyone who intentionally engages in
operations reserved for pharmacists without bringing together
conditions required to perform these acts, is punished
the penalties provided for in article 299 above.
The temporary or permanent closure of
the establishment may, moreover, be ordered by the
jurisdiction.
Article 302: Anyone who has violated the provisions
laws or regulations relating to trade,
the possession and use of poisonous substances not
classified as narcotics, is punishable by
71
The prison sentence is seven years at
more when the narcotics have been offered or given away, in
the conditions defined in the previous paragraph, at
minors, in teaching and education centers,
or in the administration premises.
Are punished by imprisonment for seven years at
more and a fine of 5,000,000 francs at most,
those who, by any means, have incited to one
of the offenses foreseen and punished by the present
article, even though this incitement would not have been
followed by effect.
Except in the cases provided for in Articles 595 to 601 of
this Code, the transport, the possession, the offer, the
transfer, illicit acquisition of narcotics are punishable by
ten years' imprisonment and 100,000,000 francs
fine at most.
The penalties provided for in this article are
doubled:
-when the offender has made use of the
violence or weapons;
-when the offender is exercising
public and that the offense was committed in
the exercise of its functions;
-when the offense was committed by a professional
health or a person responsible for combating
drug abuse or trafficking;
-when the narcotics supplied have caused death or
seriously compromised the health of one or more
people.
The conspiracy to commit the offenses
provided for in this article is punished as the offense
herself.
Article 304: The attempt of one of the offenses referred to
in Articles 302 and 303 above is punished as
the offense itself.
Article 305: In all the cases provided for in articles 302 and
303 above, the courts will have to order the
confiscation and destruction of substances or plants
seizures.
Will also be seized and confiscated,
installations, materials and all movable goods that have been used,
directly or indirectly, to the commission of
the offense, as well as any proceeds from it,
to whatever person they belong to, unless the
owners do not establish their good faith.
In addition, the penalties may be pronounced.
complementary to the prohibition of civil rights,
civic and family, ban on stay, withdrawal
passport, prohibition of the exercise of the profession
on the occasion of which the offense was committed during
The debtor may be allowed to provide proof
that he has been misled as to the age of the minor and will
subject to no penalty if his error or ignorance is
established.
Article 309: Anyone who employs in a debit
drinks to be consumed on site, minors of
under the age of eighteen is punishable by the penalties provided for in
article 308 above.
Article 310: In the cases provided for in articles 308 and 309
above, the closure of the establishment may
in addition to being ordered by the court for a period of one
months at most.
In the event of a repeat offense, the final closure may
be pronounced.
Chapter XIV: Of witchcraft, charlatanism and
acts of anthropophagy
Article 311: Except in the cases provided for in articles 355 and 356
of this Code, anyone who has participated in a transaction
bearing on human remains or bones, or
engaged in the practice of witchcraft, magic or
charlatanism likely to disturb public order or
to harm people or property, is
punishable by imprisonment for up to ten years and
fine of 5,000,000 francs at most, or one of
these two penalties only.
Article 312: Without prejudice to the application of
provisions of article 311 above, any act
anthropophagy, any transfer of human flesh as a
expensive or free made for the same purpose, will be punished
fifteen years of criminal imprisonment.
Chapter XV: Outrages upon good morals
Article 313: Is punished by imprisonment for two years
at most and a fine of 2,000,000 francs at most,
or one of these two penalties only, anyone who has:
1- manufactured, owned, distributed, imported, exported, displayed,
sold, rented, edited, offered, in any way
either, all printed, written, drawing, poster, engraving,
painting, photography, film or cliché, matrix or
phonographic reproduction, emblem, object or image
contrary to good morals;
2- publicly hear opposing speeches
good morals;
3- publicly called attention to an opportunity to
debauchery or posted an advertisement or
correspondence of this kind, whatever the
terms.
73
delayed, or if there has been fraud on the nature, quality or
the quantity of work or labor or
supplies, guilty will be punished with a
imprisonment for up to five years and a fine
in an amount of 5,000,000 francs at most, or one
of these two penalties only.
In the cases provided for in this article and
article 317 above, the prosecution cannot be made
than on the denunciation of the administration.
Article 319: Is punished by imprisonment for six months
at most and a fine of 1,000,000 francs at most,
or one of these two penalties only, anyone who has:
1- by threats or assault, coerced or prevented
one or more people to exercise one of the cults
authorized, to attend the exercise of this worship, to observe
certain holidays or to respect the prescriptions of a
religion;
2- prevented, delayed or interrupted the exercises of a
worship by disturbances or disorders caused in the temple
or other place intended or currently used for these
exercises.
Article 320: The ministers of religion who,
manifestly, in the exercise of their
ministry and in public assembly, a discourse oriented
towards the call for the challenge of public authority and the
threat of social peace, are punished with
imprisonment for up to one year and a fine of
3,000,000 francs at most, or one of these two
penalties only.
Article 321: Anyone who has committed fraud in a
public examination or competition for the purpose of
in a public administration or the acquisition of a
official diploma, in particular by issuing to a third party or
knowingly communicating, prior to the examination or
competition, to any of the interested parties the text or
the subject of the test or by assisting him during the
the course of the tests, or by making use of
fake such as diplomas, certificates, extracts from
birth or other, or by substituting a third
person to the real candidate, is punished with a
imprisonment for not more than five years and a fine of
5,000,000 francs at most, or one of these two
penalties only.
Chapter XVIII: Infringements of the exercise of rights
civic
Article 322: Is punished by imprisonment for three years
at most and a fine of 3,000,000 francs at most,
or one of these two penalties only, anyone who:
1- is registered on an electoral list under false
names or false qualities;
Article 327: Is punished by imprisonment for three years
at most and a fine of 5,000,000 francs at most,
anyone:
1- by donations or gifts in money or in kind, by
promises of gifts, favors, jobs or
other special advantages, made with a view to influencing
the vote of one or more electors, obtained or attempted
to obtain their vote, either directly or by
through a third party;
2- by the same means, determined or attempted to
determine one or more of them to abstain;
3- has approved or requested the same donations, liberalities or
promises;
4-a, by assault, violence or threats against a
voter or by making him fear losing his job
or to expose his person, his family or
his fortune, determined a voter, or tempted to
determine to abstain from voting, or influenced or attempted
to influence his vote;
5-a, in order to influence the vote of an electoral college,
or a fraction of this college, donates or
gifts, promises of gifts or favors
administrative, either to a municipality or to a
some community of citizens;
6-a, by fraudulent maneuvers, surprised or
diverted votes or determined one or more
voters to abstain from voting.
Article 328: In all cases provided for in this
chapter, the court may, in addition, pronounce against
the culprits the sanction of ineligibility and that
prohibition of the exercise of the right to vote for ten
years at most.
BOOK THREE: BREACHES TO
PEOPLE
TITLE I: CRIME OF GENOCIDE
Article 329: Constitutes genocide the fact, in execution
of a concerted plan, with the intention of destroying everything
or in part, a national, ethnic, racial or
religious, or a group determined on the basis of any criterion
arbitrary, to commit or cause to be committed
any of the following acts:
-the deliberate attack on the life of the members of this group;
-serious attack on the physical or mental integrity of
members of this group;
-the intentional submission of this group to
conditions of existence likely to lead to its
total or partial destruction;
75
-mistreatment or deportation for
forced labor or for any other purpose, populations
civilians in the occupied territories;
-intentional attacks on life or bad ones
treatment of prisoners of war or persons
at sea ;
- the execution of hostages;
-the looting of public or private property;
-the destruction without cause of towns and villages or the
devastation not justified by military necessity.
Article 332: Also constitute crimes of
war, other serious violations to the detriment of
persons or property, applicable laws and customs
international armed conflicts within the established framework of
international law.
Article 333: In the event of an armed conflict not presenting a
international character, constitute war crimes,
serious violations of international conventions in
matter, including any of the acts
committed against people who do not participate
directly to hostilities, including members of
armed forces who laid down their arms and people
who have been put out of action by illness, injury,
detention or by any other cause.
TITLE IV: SANCTIONS COMMON TO
CRIMES OF GENOCIDE, TO CRIMES
AGAINST HUMANITY AND THE CRIMES OF
WAR
Article 334: Crimes of genocide, crimes against
humanity and war crimes are punishable by
life imprisonment and a fine of
1,000,000,000 francs at most.
Article 335: Natural persons guilty of
offenses referred to in this Title also incur
the additional penalties provided for in Article 79 of
this Code.
Article 336: Legal persons may be
declared criminally responsible for the crime of
genocide, war crimes, crimes against
humanity, under the conditions provided for in this book.
Article 337: The perpetrator or the accomplice of a targeted crime
by the present titles cannot be exempted from its
responsibility for the sole fact that he has performed an act
prescribed or authorized by law or
regulatory or an act ordered by the authority
legitimate.
Article 338: The competent court must hold
account of the circumstance referred to in article 337 above,
when it determines the penalty and fixes its quantum.
Trafficking in human beings against a minor
is punished by fifteen years of criminal imprisonment at most and
a fine of 100,000,000 francs at most.
Article 344: The perpetrator of human trafficking is
punished by twenty years of criminal imprisonment at most and
a fine of 100,000,000 francs at most,
when it is committed with at least two of the
circumstances provided for in points 1 ° to 7 ° below:
1- with regard to several people;
2- with regard to a person who was outside the
national territory or upon arrival on the territory
national;
3- when the person has been put in contact with the author
facts through use, for the dissemination of
messages intended for an undetermined audience, a
electronic communication network;
4- in circumstances which directly expose the
person in respect of whom the offense is committed
an immediate risk of death or injury likely to
lead to dismemberment or permanent disability;
5- with the use of violence that caused the victim
total incapacity for work of more than eight days;
6- by a person called to participate, by his
functions, the fight against trafficking in human beings or
maintaining public order;
7- when the offense has placed the victim in a
serious material or psychological situation.
Trafficking in human beings against a
minor is punished by twenty years of criminal imprisonment
when it is committed with one of the circumstances
listed in points 1 ° to 7 ° above.
Article 345: The offense is punished by thirty years of
criminal imprisonment and a fine of 50,000,000
francs at most, when committed in a gang
organized.
The perpetrator of human trafficking is punished
thirty years of life imprisonment and
a fine of 50,000,000 francs at most, when
the offense is committed by resorting to torture or
acts of barbarism.
Article 346: Declared legal persons
criminally responsible for the offenses defined in
this title incur, in addition to the fine, the prohibitions
provided for in articles 98 et seq. of this Code.
Article 347: The attempt of the offenses provided for in
this title is punished by the same penalties.
77
Article 355: Is punished by imprisonment
life imprisonment, the guilty of murder committed in
for the purpose of removing organs, tissues, blood or
any other element or product of the victim's body.
Murder followed by such a levy for
mercantiles or rituals is punished with the same penalty.
Article 356: Any withdrawal or any attempt to
organ harvesting from a living person, without
medical authorization or justification, or any other act
barbarism for the same purposes will be punished by imprisonment
life imprisonment.
Trafficking in human organs or parts or
products of the human body is punished with thirty years of
criminal seclusion.
Article 357: Public action relating to crimes
provided for in Articles 355 and 356 above as well as
sentences handed down are imprescriptible.
The security penalty provided for in article 128 of
this Code may, in the event of conviction
life imprisonment, be increased to thirty years
under the conditions of the last paragraph of the same article.
Article 358: Murder carries the penalty of imprisonment
life imprisonment, when:
-it is preceded, accompanied or followed by another crime;
- its purpose is to prepare, facilitate or execute a crime,
to promote flight or ensure the impunity of perpetrators
or accomplices in this crime;
-it was committed in an organized gang.
Is punished with the same penalty, whoever
convicted of murder for a purpose
anthropophagia or murder committed with employment
torture or barbaric acts.
TITLE VII: ACTS OF TORTURE AND
BARBARIC ACTS
Article 359: Constitute acts of torture or
barbarism, the commission of one or more acts
inhuman or degrading of exceptional gravity
which go beyond simple violence and cause
suffer from severe pain or suffering, with
desire to deny the dignity of the person in the victim
human.
Article 360: The perpetrator of torture or acts of barbarism
is punished by twenty years of criminal imprisonment and
fine of 20,000,000 francs at most.
Article 361: Shall be punished by a penalty of five years
imprisonment and a fine of 50,000,000 francs
at most, anyone, by speeches, shouts or threats
-when the prescribed penalty is imprisonment
not exceeding five years, the applicable penalty will be one
imprisonment for not more than ten years;
-when the prescribed penalty is one more imprisonment
ten years, the applicable penalty will be fifteen years
no more than criminal imprisonment;
-when the prescribed penalty is that of imprisonment
criminal in time, the applicable penalty will be that of the
life imprisonment.
Article 367: The perpetrator of assault and battery
worn by a minor under the age of eighteen, or who
will have voluntarily deprived him of food or health care
not to compromise his health, or will have committed to his
against any other violence or assault, to
the exclusion of light violence is punishable by
imprisonment for up to seven years and a fine of
2,000,000 francs at most.
If there was premeditation or ambush, the penalty
is up to ten years' imprisonment.
If the violence or deprivation was followed by
dismemberment, amputation or deprivation of the use of a
limb, blindness, loss of an eye or other disabilities
permanent, or if they have caused death without
intention to give it, the penalty is twenty years
criminal seclusion at most.
If the culprits are the legitimate father and mother,
natural or adoptive or other legitimate ascendants, or
any other person having authority over the child or having
custody, the penalties will be:
1- an imprisonment of eighteen years at most and a
fine of 5,000,000 francs at most, in the case concerned
in the first paragraph of this article;
2- criminal imprisonment in time in the cases referred to in
second paragraph;
3- life imprisonment in the case referred to in
third paragraph.
If the violence or deprivation, usually
practiced, resulted in death, even without the intention of
give it, the authors will be punished with thirty years of
criminal seclusion.
Article 368: The crimes and offenses provided for in Titles VII and
VIII of this book, committed in seditious meeting with
rebellion or pillage are attributable to the leaders, perpetrators,
instigators and provocateurs of these meetings, rebellions
or looting. The latter are punished as guilty of
these crimes and condemned to the same penalties as those who
personally committed them.
79
means, procured or attempted to procure the abortion
of a woman who is pregnant or suspected to be pregnant, that she
has consented or not, is punishable by imprisonment of
up to five years and a fine of 2,000,000 francs
at most.
The imprisonment is not more than ten years and
the fine of 5,000,000 francs at most if it is established
that the culprit habitually engages in the acts referred to in
the above paragraph.
Anyone is punished with the same penalties,
in particular any doctor except in the cases provided for in articles
377 paragraph 2 and 378 below or any other staff of
health, indicated, favored or practiced the means of
provide abortion.
Suspension, for at least five years, or
the definitive incapacity to exercise the profession may
further be pronounced against the culprits.
Article 377: Is punished by imprisonment for two
years at most and a fine of 1,000,000 francs at the
more, or one of these two penalties only, the
woman who procured the abortion for herself, who
attempted to obtain it or who consented to use the
means to it indicated or administered for this purpose.
However, the therapeutic interruption of
pregnancy is allowed or admitted on the advice of a doctor
in the cases specially listed below:
-when it has been proven that the conceived child will be born with
severe or incurable physical malformations;
-when this pregnancy seriously compromises the life of
the mother ;
-when conception has taken place as a result of rape, incest
or when the minor is in a state of distress
serious.
Article 378: Therapeutic termination of pregnancy
can only be practiced before the ten week deadline.
It can only be performed by a doctor and
in a hospital establishment.
TITLE XI: HOMICIDES AND INJURIES
INVOLUNTARY AND OMISSION OF
PROVIDE EMERGENCY
Article 379: Anyone who, through clumsiness, recklessness,
inattention, negligence or failure to observe regulations,
unintentionally caused the death of another person or was
involuntarily the cause, is punished of a
imprisonment for not more than five years and a fine of
2,000,000 francs at most.
Article 380: If it resulted from the lack of address or
precautions against injuries, blows or illnesses resulting in
responsibility, which is not able to protect itself by
because of his age or his physical or mental condition,
is punishable by imprisonment for up to five years and
a fine of 5,000,000 francs at most.
If the abandonment resulted in dismemberment or
permanent disability, the culprit is punished with fifteen
years of criminal imprisonment at most.
If he caused death, the culprit is punished with
not more than thirty years of criminal imprisonment.
Chapter III: Experimentation on the person
human
Article 386: Anyone who has practiced or had practiced on
a person carrying out biomedical research without having
obtained the free, informed and express consent of
the person concerned, holders of parental authority or
guardian or other persons, authorities or bodies
designated to consent to research or to
authorize it, is punishable by three years imprisonment
more and a fine of 5,000,000 francs at most.
The same penalties apply when the
acts of biomedical research are carried out or are
continue after consent has been withdrawn.
The provisions of this article are not
applicable to the examination of genetic characteristics
of a person or their identification by their fingerprints
genetics carried out for research purposes
scientist.
Article 387: Declared legal persons
criminally responsible, under the conditions provided for
by article 385 above, are punished by a fine of
30,000,000 francs at most, without prejudice to penalties
additional provisions provided for in article 98 of this Code.
Chapter IV: From provocation to suicide
Article 388: Whoever has provoked or pushed others to
suicide, when the provocation was followed by suicide or
a suicide attempt is punishable by imprisonment
up to five years and a fine of 5,000,000
francs at most.
The penalties are increased to ten years
imprisonment at most and 10,000,000 francs
fine at most, when the victim of the offense
defined in the previous paragraph is a minor of eighteen years.
Individuals guilty of the offense
provided for in this chapter also incur the penalties
additional provisions provided for in article 79 of this Code.
Article 389: Anyone who resorts to propaganda or
advertising, whatever the mode, in favor of products,
81
3-the closure, for a period of five years at most, of a
or several establishments of the company having been used for
commit the incriminated facts;
4- the confiscation of the thing that was used or was intended
to commit the offense or the thing that is the
product, with the exception of objects liable to
restitution provided for by this Code;
5- prohibition of stay, according to the modalities provided
articles 86 et seq. of this Code;
6- prohibition, for a period of five years at most,
to issue checks other than those which allow the
withdrawal of funds by the drawer from the drawee or those who
are certified;
7- display or dissemination of the pronounced decision,
under the conditions provided for in Articles 93 and 94 of
this Code.
Article 394: Declared legal persons
criminally responsible for the offenses defined in
this chapter are punished by a fine of
30,000,000 francs at most, without prejudice to penalties
additional provisions provided for in article 98 of this Code.
TITLE XIII: ARRESTS AND
ARBITRARY SEQUESTRATIONS AND
 alter his judgment, to lead this minor or this
person to an act or an abstention which is to him
seriously damaging, is punished by three years
imprisonment at most and a fine of 2,000,000
of francs at most.
When the offense is committed by the manager
de facto or de jure of a group which pursues
activities the purpose or effect of which is to create,
maintain or exploit psychological subjection or
physical appearance of the people participating in these activities,
the penalties are increased to ten years' imprisonment at
more and a fine of 30,000,000 francs at most.
Article 393: Natural persons guilty of
offense provided for in this chapter also incur the
the following additional penalties:
1- the prohibition of civic, civil and family rights,
according to the modalities provided for in article 79 of this
Coded ;
2- the ban, for a period of ten years at most,
according to the modalities provided for in article 79 of this
Code, to exercise a public function or to exercise
professional or social activity in the exercise or in
the occasion of the exercise of which the infringement was
committed;
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Article 396: The act of seizing or taking the
control by violence or threat of violence of a
aircraft, ship or other means of transport
on board which people are seated, as well as
a fixed platform located on the continental shelf
is punished by twenty years of criminal imprisonment.
When the offense is committed in a gang
organized, the sentence is increased to thirty years imprisonment
criminal.
When the offense is accompanied by torture
or acts of barbarism or if it resulted in the death of a
or more than one person, the penalty is
life imprisonment.
Article 397: The provisions of article 396 above
are applicable to acts committed unlawfully with
violence, detention or depredation against a ship,
persons or goods, for private purposes, from a
ship or private aircraft, on the high seas, in
maritime areas not under the jurisdiction of any
State or, where international law so permits, in
territorial waters of a State.
Coercive measures and the use of force
at sea are defined by regulation.
Anyone who has attempted to commit any of the
crimes provided for by articles 395 and 396 above and by
the first paragraph of this article is exempt from penalty
if, having informed the administrative or judicial authority,
it made it possible to avoid the commission of the offense and
identify, where applicable, other authors or
accomplices.
The custodial sentence incurred by
the author or accomplice of one of the crimes provided for in the aforesaid
articles is reduced by half if, having notified the authority
administrative and judicial, it made it possible to stop
offense or to prevent the offense from leading to death
man or permanent disability and identify, if
the other authors or accomplices. When the
penalty is life imprisonment,
this is reduced to twenty years of criminal imprisonment.
Article 398: Whoever concludes an agreement having
for the purpose of alienating, for consideration or free of charge, the liberty attributable to a person who, abusing authority or
of a third person, is punished by the penalty provided for in
article 394 above.
The sentence pronounced is accompanied by the
confiscation of money, objects or valuables received in
execution of said agreement.
The culprits are sentenced to a maximum of
the penalty if the person covered by the agreement
was under the age of eighteen.
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imprisonment for up to six months and a fine of
5,000,000 francs at most.
Anyone who is guilty of harassment
sexual intercourse referred to in point 3 of this article is punishable by
imprisonment for up to six months and a fine of
2,000,000 francs at most.
Article 403: Constitutes incest, the sexual act committed
between ascendant and descendant of the same lineage, between
brother and sister, between adopter and adoptee, between uncle and
niece, between aunt and nephew and between first cousins ​in
first degree.
Whoever is guilty of incest is punished
imprisonment for five years and a fine of one
amount of 50,000,000 francs at most or one of
these two penalties only.
Article 404: Constitute aggravating circumstances
for the offenses covered by this title:
-the act which resulted in an injury or an injury;
-the act committed with violence, use or threat of
weapon;
-the act committed by a legitimate, natural or
adoptive, or by a person having authority over the
victim;
-the act committed by a person who has abused
the authority conferred on him by his duties or rank
social;
-the act committed by several people acting in
quality of authors or accomplices;
-the act committed with the use of substances having
inhibited the will of the victim;
-the act committed on a minor under the age of
eighteen years old;
-the act committed on a particular person
vulnerable, in particular because of his
pregnancy, physical or mental impairment;
-the act committed in an organized gang.
Article 405: The penalties provided for in this title are
brought to:
- ten years' imprisonment and a fine of
10,000,000 francs at most for assaults
sexual other than rape;
-thirty years of criminal imprisonment for rape and
incest and a fine of up to 30,000,000 francs
for offenses against morals other than incest and
sexual harassment ;
- ten years' imprisonment at most and a fine of
20,000,000 francs at most for breaches of
mores other than incest and sexual harassment.
Article 406: The guilty of rape is punished by imprisonment
life imprisonment and a fine of 50,000,000
of francs at most:
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TITLE XV: OFFENSES RELATING TO
MARRIAGE AND FAMILY
Article 410: Anyone who gives in customary marriage or
customarily marries a non-consenting woman or
a minor under the age of sixteen is punished with
imprisonment for not more than five years.
Article 411: Whoever, accomplishes or attempts to accomplish
the sexual act on the person of a minor aged sixteen
years, for the consummation of the union of a marriage
customary, is punishable by imprisonment for five years
more.
If this results in injuries to the minor
severe, even temporary infirmity, or if the
reports resulted in the death of the minor, the culprit is
punished by criminal imprisonment on time.
Article 412: Except in cases of polygamy authorized by the
law, whoever, being engaged in the bonds of a marriage
monogamous, contracts another before dissolution
of the precedent or the change of matrimonial regime,
is punished by imprisonment for up to six months and
a fine of 1,000,000 francs at most.
Article 413: The public officer who, with knowledge of
cause, lends his ministry to this marriage, is condemned to
the same penalty.
Article 414: Abandonment of the marital home consists,
for any spouse, in the fact of leaving, without reason
serious, the marital home.
Abandonment of the marital home is punishable by a
imprisonment for not more than six months.
The prosecution can only be brought on complaint
the injured spouse, who can at any time request
interruption of proceedings.
Is punished by imprisonment for six months at
more and a fine of 1,000,000 francs at most, or
only one of these two penalties:
1.the father or the mother of the family who abandons, without
serious reason, for more than two months the residence
family and avoids all or part of the obligations
moral or material order resulting from authority
parental or legal guardianship; the two-month period
can only be interrupted by returning home
involving the desire to resume life definitively
of family ;
2.the husband who, without a serious reason, abandons
voluntarily his wife, knowing that she was pregnant.
Article 415: The father and
mother or other persons legally or
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child, suppresses or attempts to suppress the civil status of
this child and destroys or attempts to destroy evidence of
his existence or his filiation, is punished by a
imprisonment for up to ten years and a fine of
2,000,000 francs at most.
The concealment of these offenses is punished as
the offense itself.
Article 420: Whoever, being responsible for a child, does not
represents point to people who have the right to
claim, is punishable by imprisonment for five years at
more and a fine of 1,000,000 francs at most.
Article 421: Without prejudice to the application of
provisions of article 384 of this Code, anyone
has exhibited or caused to be exhibited, abandoned or caused to be
minor unable to protect himself, due to
his physical or mental state, is for this alone punished
imprisonment for not more than five years and
fine of 2,000,000 francs at most.
If it resulted from exposure or
neglect of an illness or disability of more than twenty
days, the penalty is imprisonment for not more than ten years.
If this resulted in mutilation for the minor
or permanent disability, the culprit is punished with
fifteen years of criminal imprisonment at most.
If the exposure or neglect has caused
death, the culprit is punished by twenty years imprisonment
criminal.
Article 422: Anyone who, by fraud or violence,
kidnapped or caused to be kidnapped minors, or led them,
diverted or displaced from the places where they were placed by
those in whose authority or direction they were
submitted or entrusted, is punished by the penalty of ten years
imprisonment at most and a fine of
1,000,000 francs at most.
Whether the culprit acted for ransom or for the purpose
to be paid a ransom by those under
the authority or supervision of which the minor was
placed, the kidnapping takes thirty years of imprisonment
criminal.
When the kidnapping was followed by the death of
minor the penalty is increased to criminal imprisonment
perpetuity.
Article 423: Whoever, without fraud or violence, has kidnapped
or diverted a minor under the age of eighteen is punished
imprisonment for not more than five years and
a fine of 2,000,000 francs at most, or one of
these two penalties only.
When an abducted or diverted minor has
married his kidnapper, he can only be prosecuted
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dissemination of messages intended for a non-public
determined, of an electronic communications network
or that the acts are committed in the establishments
teaching or education or on the premises of
administration, as well as, when entering or leaving
students or the public or in a time very close to
these, around these establishments or premises.
These penalties are applicable to adults who
organizes meetings involving exhibitions or
sexual relations in which a minor participates or
assists with full knowledge of the facts.
The penalties are increased to ten years
imprisonment at most and 10,000,000 francs
fine at most, when the acts were committed in
organized gang.
Article 429: Any adult who makes proposals
sexual intercourse to a minor under the age of eighteen or to a
person posing as such by using a
means of electronic communication is punished with two
years imprisonment at most and 2,000,000 francs
fine at most.
These sentences are increased to five years
imprisonment at most and 5,000,000 francs
fine at most when the proposals have been followed
of a meeting.
Article 430: Anyone who, with a view to its dissemination, fixes,
records or transmits the image or representation of a
major when this image or representation
is of a pornographic nature is punished by five
years' imprisonment at most and 10,000,000 francs
fine at most.
When the image or representation concerns
a minor of eighteen years, the author of these facts is punished
even if the acts were not committed with a view to
dissemination or representation of this image.
When such an image or representation is
offered, made available or disseminated, by some
means that it is, in order to import or export it,
the author of these facts is punished with the same penalties.
Sentences are increased to seven years
imprisonment at most and 20,000,000 francs
fine at most, when used, for dissemination
of the image or representation of the minor to
destination of an undetermined audience, a network of
electronic communications.
Anyone who usually consults or
counterpart of a payment a communication service
to the online public making such an image available
or representation, acquires or holds such image or
representation by any means whatsoever, is punishable by
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Article 435: Natural persons guilty of
offenses provided for in this Title also incur
the following additional penalties:
-the prohibition of civic, civil and family rights,
according to the terms defined in article 79 of this
Coded ;
-the suspension, for a period of five years at most, of the
driver's license, this suspension may be
limited to driving outside the activity
professional ;
-the cancellation of the driving license with prohibition of
apply for the issuance of a new permit for five
years at most;
-the prohibition, for a period of five years at most, of
leave the national territory;
-the confiscation of the thing that was used or was intended for
commit the offense or the thing that is the offense
product;
-the ban, either permanently or for a period of
ten years at most, to exercise a professional activity or
volunteer involving regular contact with
minors;
-for crimes, prohibition, according to the modalities
provided for by articles 79, 81, 82 and 83 of this Code,
either to exercise a public function or to exercise
professional or social activity in the exercise or in
the occasion of the exercise of which the infringement was
committed, either to exercise a commercial profession or
industrial, directing, administering, managing or
control in any capacity, directly or
indirectly, for its own account or for the
third party account, a commercial enterprise or
industrial or commercial company.
These exercise bans may be
pronounced cumulatively.
Article 436: Natural or legal persons
guilty of the offenses provided for in Articles 430 and
following, also incur the additional penalty
confiscation of all or part of their property
owned or, subject to the rights of the owner of
good faith, of which they have free disposal, whatever
either nature, movable or immovable, divided or undivided.
TITLE XVII: INTRUSION INTO A
EDUCATIONAL INSTITUTION
SCHOOL
Article 437: Anyone entering or remaining in
inside a school without being authorized to do so
by virtue of legislative or regulatory provisions or
have been authorized to do so by the competent authorities, in the
aim to disturb the peace or good order of
establishment, is punished by imprisonment of six
month at most and 5,000,000 francs fine at most.
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more and a fine of 1,000,000 francs at most, or
only one of these two penalties.
The court may also order the insertion
of the judgment in full or by extract in one or
several newspapers, and at the expense of the convicted person.
If the fact denounced is liable to sanction
criminal or disciplinary, prosecutions are initiated
under this article, either after judgment or judgment
acquittal or discharge, either after order or
discontinuance, either after classification of the
denunciation by a magistrate, a public official, a
higher authority or an employer responsible for
continuation that it is likely to include.
The court seised pursuant to this
article must stay proceedings if proceedings concerning
the fact denounced are pending.
TITLE XX: BREACHES OF HONOR AND
AT THE CONSIDERATION OF INDIVIDUALS
Article 441: Any allegation or imputation of a fact
which prejudices the honor or the consideration of
person to whom it is imputed is defamation.
Direct publication or through
reproduction of this allegation or imputation
is punishable, even if it is made in the form
doubtful or if it targets a person not expressly
named, but whose identification is made possible
by the terms of the means of dissemination in question.
Article 442: Anyone, except in the cases provided for in
provisions of book II of this Code, surrenders
guilty of defamation against an individual, either by
speeches, shouts or threats made in places where
public meetings, either through printed matter sold or
distributed, offered for sale or exhibited in places where
public meetings, either by placards or posters
exposed to the public eye, is punished with a
imprisonment for up to one year and a fine of
1,000,000 francs at most, or one of these two
penalties only.
The author of the defamation committed against a
group of people belonging, by their origin, to a
race or religion is punished with a
imprisonment for not more than two years and a fine of
2,000,000 francs at most, when it aims
to incite hatred between citizens or inhabitants.
Article 443: The truth of defamatory facts may
always be proven, except:
-if the imputation concerns the private life of the person;
-if the imputation refers to facts which go back more
ten years;
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When these facts came to the attention
of the public by a person sharing the private life of the
victim, the penalties are doubled.
Article 448: Anyone who keeps, wears or lets carry
to the knowledge of the public or of a third party or uses
any way any recording or
document obtained using one of the acts provided for by
Article 447 above is punishable by the same penalties.
When the offense provided for in article 447 above
is committed through the written or audiovisual press,
the specific provisions of the laws governing these
matters are applicable with regard to the
determination of responsible persons.
Article 449: Whoever manufactures, imports, holds,
exhibits, offers, rents or sells devices or
technical devices likely to allow the realization
transactions that may constitute the offense provided for by
section 447 above or which, designed for detection at
distance of conversations, make it possible to
the offense provided for in the aforementioned article, when these facts
are committed, including negligence, in the absence
legal authorization or without respecting the conditions
fixed by this authorization, is punished by a
imprisonment for up to three years and 20,000,000
francs fine at most.
Are punished with the same penalties:
-the fact of carrying out an advertisement in favor of a device
or a technical device likely to allow the
realization of the offenses provided for in article 449 above
above, when this advertisement constitutes an incitement to
commit this offense;
-the fact of carrying out an advertisement in favor of a device
or a technical device aimed at capturing
of computer data, when this advertisement
constitutes an incentive to make fraudulent use of it.
Article 450: Anyone entering or remaining in
the home of others using maneuvers, threats,
assault or constraint, except in cases permitted by law,
is punished by imprisonment for one year at most and one
fine of 5,000,000 francs at most.
Article 451: Anyone who usurps the identity of a third party or
uses one or more data of any kind
allowing him to be identified in order to disturb his
tranquility or that of others, or to undermine their
honor or his consideration, is punished with
imprisonment for not more than five years and a fine of
5,000,000 francs at most.
The perpetrator of this offense is punished with the same
penalties when committed on a network of
online communication open to the public.
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5,000,000 francs at most or one of these two
penalties only.
When the persons referred to in the above paragraph
are called to testify in court, they can be
released by the court of professional secrecy. They don't
may, in this case, refuse their testimony.
Article 458: Any manager, clerk or worker who has
communicated or attempted to communicate secrets of the
factory where he is employed, is punished with
imprisonment for up to three years and a fine of
20,000,000 francs at most or one of these two
penalties only.
TITLE XXIII: VIOLATIONS AND
DESECTION OF SEPULTURE
Article 459: Anyone guilty of a violation
tomb or burial is punished with
imprisonment for up to three years and a fine of
2,000,000 francs at most, without prejudice to penalties
repressing crimes or misdemeanors committed concomitantly.
Anyone who mutilates
a corpse even not buried.
BOOK FOUR: ON THE PROTECTION OF
GOODS
TITLE I: APPROPRIATIONS
FRAUDULENT
Chapter I st : From flight
Section 1: Simple flights
Article 460: Theft is the fraudulent subtraction of
something of another.
Subject to the application of the provisions
on the aggravating circumstances provided for in Articles
463 and following, any author of theft is punished with a
imprisonment for up to three years and may be, in
in addition to a fine in the amount of 1,000,000
francs at most.
The attempted theft is punished like the offense itself.
even.
Article 461: Thefts in particular are considered
meaning of article 460 above:
1. the fraudulent removal of plants, fruits or
crops whether or not they are detached from the ground;
2. the fraudulent removal of a vehicle or
boat, even for temporary use;
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fine at most, when the theft is committed with two
the circumstances provided for in this article.
They are increased to ten years' imprisonment and
a fine of 10,000,000 francs at most, when the theft
is committed with three of these circumstances.
Article 464: Is punished by seven years' imprisonment
more and a fine of 5,000,000 francs at most,
penalties being increased to ten years' imprisonment when
the minor (s) referred to in this article were aged
less than fifteen years old at the time of the facts, the theft
clerk:
1.by a minor with the help of one or more
minors acting as co-perpetrators or accomplices;
2.for the appropriation of a cultural property which is
of the movable public domain or which is deposited or exhibited
in a museum, a place of worship or a dependent place
a public person;
3.by being preceded, accompanied or followed by violence
on others resulting in total incapacity for work;
4.by being facilitated by the state of vulnerability of a
person because of their age, illness,
infirmity, physical or mental impairment,
state of pregnancy, if this state is apparent or known to
the author.
Article 465: Theft is punished by twenty years' imprisonment
criminal:
-when it is preceded, accompanied or followed by violence
on others having caused mutilation or infirmity
permanent;
-when committed with the use or threat of a weapon
apparent or hidden;
-when committed in an organized gang.
Article 466: Theft is punishable by criminal imprisonment
life imprisonment when committed with the use of a weapon
apparent or hidden and hostage-taking or when the
victims were subjected to bodily torture or
sexual violence or rape.
Article 467: In all cases provided for in this
chapter, the culprits may, moreover, be deprived of
one or more of the rights mentioned in article 79
of this Code.
Article 468: The provisions of article 462 above
are not applicable when the theft involves
objects or documents essential to daily life
such as identity documents or means of
payment.
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Article 472: In all cases provided for in this
chapter, the culprits may, moreover, be struck with
the prohibition of the rights mentioned in article 79 of
this Code.
All offenses referred to in this chapter
are considered to be, from the point of view of
recidivism, the same offense.
On the occasion of criminal proceedings
against the drawer, the beneficiary who is a party
civil law is admissible to request before the judges of
public action a sum equal to the amount of
check, without prejudice, where applicable, to all
damages.
He may nevertheless, if he prefers, act in
payment of its debt before the civil jurisdiction.
For the application of the provisions of this
chapter, the postal check is assimilated to the check
banking.
Chapter IV: Breaches of trust and
diversions
Article 473: Anyone who has misappropriated or dissipated,
prejudice of owners, possessors or holders,
effects, money, merchandise, notes, receipts or
all other writings containing or operating obligation or
discharge, which were only given to him as a lease,
deposit, mandate, pledge, loan for use, or
for salaried or self-employed work, at the expense of
to make or represent, or to make a use or a
determined job, surrender guilty of abuse of
trust.
The culprit is punished with imprisonment of
three years at most and a fine of 2,000,000 francs
at most, or only one of these two penalties.
If the breach of trust was committed by a
person appealing to the public in order to obtain, either for
his own account, either as director,
director or agent of a company or
commercial or industrial enterprise, the delivery of
funds or securities as a deposit, money order or
pledge, the length of imprisonment may be
increased to ten years at most and the fine to 10,000,000
francs at most.
The fine may, however, be increased to a quarter of
refunds and damages if it is
greater than this maximum.
Chapter V: Blackmail and Extortion
PIRACY
Article 395: Constitutes the offense of arrest or
arbitrary sequestration, does it for anyone, without
order of the constituted authorities and except in the cases provided for by
the law, to arrest, kidnap, detain or kidnap
one or more people.
Arbitrary arrest or forcible confinement is
punished by twenty years of criminal imprisonment and
fine of 20,000,000 francs at most. However, if the
detained or kidnapped person has been released
voluntarily before the seventh day since
that of his apprehension, the penalty is one
imprisonment for up to ten years and a fine
in the amount of 10,000,000 francs at most.
If the person arrested, kidnapped, detained or
kidnapped was held hostage either to prepare or
facilitate the commission of a felony or misdemeanor, either
to promote flight or ensure the perpetrator's impunity
of a felony or misdemeanor, or to obtain the execution
of an order or condition, in particular the payment
a ransom, the offense is punished by thirty years of
criminal seclusion.
When the victim of one of the crimes provided for in
previous paragraphs is a minor of fifteen years, the penalty
is brought to life imprisonment.
Anyone who has pledged or received a person,
whatever the reason, is punished by imprisonment
of two years at most and a fine of 2,000,000
francs at most.
The prison sentence can be increased to
five years if the person pledged or received in pledge was old
under the age of eighteen.
Article 399: In all cases provided for in this title,
convicts can, moreover, be deprived, for
ten years at most, from the expiration of their sentence,
of the rights enumerated in article 79 of this Code.
TITLE XIV: SEXUAL ASSAULT AND
INFRINGEMENT OF MORALS.
Section 400: Constitutes a sexual assault, any
sexual assault or any act of a sexual nature committed
on the person of others, with violence, constraint,
threat, surprise or cunning.
Perpetrator of sexual assault other than rape
is punishable by imprisonment for up to five years and
a fine of 20,000,000 francs at most.
Article 401: Constitutes rape, any act of penetration
sexual, of whatever nature, committed on the
other person, violently, coercion, threat,
surprise or cunning.
The perpetrator of a rape is punished by fifteen years of
criminal imprisonment and a fine of 50,000,000
francs at most.
Article 402: Constitute offenses against morals:
1- the sexual exhibition imposed on the sight of others in
a place accessible to the public;
2- the sexual relationship, even consenting, except in the case
incest provided for in article 403 below, between a
male and female relatives to a prohibitive degree of
marriage as provided for by the texts in force;
3- any behavior, attitude or assiduous speech or
suggestively repeated, directly or indirectly
of the influence conferred on him by his functions or
social rank, aims to obtain sexual favors
an individual of either sex;
4- any shameless or unnatural act on an individual
of their sex and a minor under eighteen years of age;
5- sexual relations between people of the same sex.
Whoever is guilty of infringements of
morals referred to in points 1, 2, 4 and 5 is punished by one
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-when the facts resulted in the death of the victim;
-when the rape is preceded, accompanied or followed by
torture or acts of barbarism;
-when it has resulted in mutilation or infirmity
permed.
Article 407: Pimping is done by anyone,
in any way:
1. to knowingly help, assist or protect prostitution
others or soliciting for the purpose of prostitution;
2.to profit from the prostitution of others or
share the products or receive subsidies from a
person habitually engaged in prostitution;
3. to hire, train or maintain, even with his
consent, a person, even of full age, with a view to
prostitution or to engage in prostitution or
debauchery;
4.to live knowingly with a person indulging
usually in prostitution and cannot justify
sufficient resources to enable him to provide for his
own existence;
5.to act as an intermediary, in any capacity,
between persons engaged in prostitution or
debauchery and the individuals who exploit or remunerate
the prostitution or debauchery of others.
The perpetrator of procuring is punished with
imprisonment for up to ten years and a fine of
20,000,000 francs at most.
Pimping is punished by fifteen years of
criminal imprisonment and 100,000,000 francs at most
when committed on a minor under eighteen
years or in an organized gang.
Pimping committed by resorting to
torture or acts of barbarism is punished with thirty years of
criminal imprisonment and a fine of 100,000,000
francs at most.
Article 408: Whoever has, on the public highway, any
attitude likely to provoke debauchery or by
gestures, words, written or by any other means, proceeds
publicly soliciting people from one or
the other sex, in order to provoke debauchery, is punished
imprisonment for not more than two years and
fine of 2,000,000 francs at most.
Article 409: It may be pronounced against
persons found guilty of the planned offenses
under this title, the additional penalties referred to in
article 79 of this Code.
customary custody of a child, which compromises
seriously, by mistreatment, by examples
pernicious of habitual drunkenness or misconduct
notorious, by a lack of care or by a lack of
necessary monitoring, either health, safety or
the morality of their children or of one or more of
them.
Article 416: Shall be punished by the same penalties, any
person who, in defiance of a judicial decision
enforceable or in disregard of an order or
a judgment ordering her to pay a pension
food, has voluntarily remained for more than two
months without providing all the subsidies determined by
the judge, nor pay the full amount of the pension.
Failure to pay is presumed to be voluntary
unless proven otherwise. Insolvency resulting from
habitual misconduct, laziness or drunkenness,
is in no way a valid excuse for the
debtor.
The pension or subsidies determined by the
judge are paid or provided at home or residence
of whoever is to receive them, unless otherwise decided by the
judge.
The competent court to hear the offense is
that of the domicile of the person who is to receive the
pension or benefit from subsidies.
The pension certificate or any acts of prosecution or
execution which has been carried out must be
deposited in the hands of the Public Prosecutor
at the same time as the complaint.
Article 417: In the cases referred to in Titles XIV and XV, the
convicted person may be deprived of the exercise of certain rights
civic, civil and family referred to in article 79 of
this Code.
Article 418: Anyone, without right or title, without capacity
to act, has by any means called into question
the legitimate, natural or adoptive filiation of others, in
apart from cases where the legitimate father has, before his death,
initiated an action for disavowal of paternity, is punished by a
imprisonment for not more than five years and a fine of
10,000,000 francs at most or one of these two
penalties only.
Proceedings can only be initiated on
victim's complaint.
TITLE XVI: CRIMES AND OFFENSES AGAINST
THE CHILD
Article 419: Anyone, by removal, deletion
of a child, substitution of one child for another or
supposition of a child to a woman who does not have it
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on the complaint of people who have standing to
request the annulment of the marriage and cannot be
condemned only after this annulment was
pronounced.
Article 424: When it has been decided on the custody of a
minor by court decision, provisional or final,
the father, mother or anyone who does not represent
this minor to those who have the right to claim it, or who,
even without fraud or violence, remove it or hijack it
out of the hands of those to whom it has been entrusted, or
places where they have placed him, is punished with a
imprisonment for not more than two years and a fine of
1,000,000 francs at most, or one of these two
penalties only.
Article 425: Whoever has made one drink to the point of drunkenness
minor under the age of eighteen is punished with
imprisonment for up to one year and a fine of
5,000,000 francs at most.
Article 426: Anyone who incites a minor to
consumption of alcoholic beverages or products
narcotics is punishable by three years' imprisonment
more and a fine of 5,000,000 francs at most.
When the acts are committed in
educational, educational or
training, in the premises of the administration, as well as
when pupils or the public enter or leave, or
in a time very close to these, on the outskirts of these
establishments or premises, the penalty is increased to five years
imprisonment at most and 10,000,000 francs
fine at most.
Article 427: Anyone who incites a minor to commit
a felony or misdemeanor is punished by five years
imprisonment at most and 10,000,000 francs
fine at most.
When the minor is encouraged to commit
usually crimes or misdemeanors or that the facts
are committed in private homes, establishments
teaching or education or on the premises of
administration, as well as when entering or leaving
students or the public or in a time very close to
these, in the vicinity of these establishments or premises, the
penalty is increased to ten years' imprisonment at most and
10,000,000 francs fine at most.
Article 428: Anyone who has favored or attempted to promote
corruption of a minor is punished by five years
imprisonment at most and 2,000,000 francs
fine at most.
These sentences are increased to seven years
imprisonment at most and 5,000,000 francs
fine at most, when the minor has been contacted
with the author of the facts through the use, for the
not more than two years' imprisonment and 10,000,000
francs fine at most.
The penalties are increased to ten years
imprisonment at most and 10,000,000 francs
fine at most, when the offenses provided for in
this article are committed in an organized gang.
The attempt of the offenses provided for in this article
is punished by the same penalties.
The provisions of this article are
also applicable to pornographic images
of a person whose physical appearance is that of a
minor, unless it is established that this person was elderly
eighteen years on the day of fixing or
saving the image.
Article 431: Whoever manufactures, transports, distributes by
whatever means and whatever the medium, a
message of a violent nature, inciting terrorism,
pornography or of such a nature as to seriously infringe
human dignity or to induce minors to engage in
games that put them in physical danger, either
to trade such a message, is punished by five years
imprisonment at most and 10,000,000 francs
fine at most, when this message is likely
to be seen or perceived by a minor.
When the offenses provided for in this article
are disseminated through the written, audiovisual or
online communication to the public, the provisions
particular laws governing these matters are
applicable with regard to the determination of
responsible people.
Article 432: When the offenses provided for in articles 430
and 431 above are committed through the written press
or audiovisual, the specific provisions of the laws
which govern these matters are applicable as far as
concerns the determination of responsible persons.
Article 433: Declared legal persons
criminally responsible, under the conditions provided
in Articles 430 and 431 above, of the offenses defined
under this title, incur a fine of 60,000,000
francs at most, in addition to the additional penalties provided for
in article 98 of this Code.
Article 434: Anyone who offers, promises or offers
gifts, gifts or benefits of any kind to a person
so that she commits against a minor one of the
offenses referred to in Articles 430 and 431 above, is punished,
when this offense has not been committed or attempted, to
not more than five years' imprisonment and 10,000,000
francs fine at most.
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When the offense provided for in the above paragraph is
committed in a meeting, the penalties are increased to one year
imprisonment at most and 10,000,000 francs
fine at most.
When this crime is committed by a person
carrying a weapon, the penalties are increased to one
imprisonment for not more than five years and 20,000,000
francs fine at most.
When this offense is committed in a meeting by at
unless one person carries a weapon, the penalties are
carried to imprisonment for not more than ten years and
30,000,000 francs fine at most.
Article 438: Natural persons guilty of
one of the offenses provided for in this Title incurs
also the following additional penalties:
-the prohibition of civic, civil and family rights;
-the prohibition to hold or wear, for a period of
five years at most, a weapon subject to authorization;
- a sentence of community service;
-the ban on stay, either permanently or for
a period of ten years at most, contrary to all
foreigner guilty of the offense.
TITLE XVIII: THE INTRODUCTION OF ARMS
IN A SCHOOL
Article 439: Anyone, empowered or authorized to enter
in a school, enters or there
maintains while carrying a weapon without cause
legitimate, is punished by three years' imprisonment and
10,000,000 francs fine at most.
The persons guilty of the offense referred to in
the above paragraph also incur the penalties
additional following:
-the prohibition of civic, civil and family rights;
- a sentence of community service;
-the confiscation of one or more weapons of which the
condemned is the owner or of which he has free
disposition.
TITLE XIX: DENUNCIATION
CALOMNIOUS
Article 440: Whoever has, by any means whatsoever
either, denounced against a specific person or against
several determined people, to police officers
judicial or administrative or to any authority having the
power to follow up or seize the authority
competent, hierarchical superiors or
employers of the denounced, facts likely to lead to
disciplinary, administrative or
judicial and that we know fully or partially
inaccurate, is punishable by imprisonment for five years at
-if the imputation refers to a fact constituting a
offense amnestied or prescribed or which gave rise to
a conviction erased by rehabilitation or
revision.
When the proof of the defamatory fact is
reported, the accused is dismissed for the purposes of
pursuit.
Article 444: Any offensive expression, term of
contempt or invective which does not include imputation
of any fact is an insult.
Except in the cases provided for in the provisions of Book II
of this Code, the author of the insult committed against
individuals, under the conditions set out in Article 442
above is, when it has not been preceded by
provocation, punishable by imprisonment for six months at
more and a fine of 1,000,000 francs at most or
only one of these two penalties.
The maximum prison sentence is
one year at most if the insult was committed against a
group of people belonging, by their origin, to a
religion, ethnicity or race, in the
aim to incite hatred between citizens or inhabitants.
Article 445: Articles 442 to 444 above are not
applicable to defamation and insults directed against
memory of the dead only in cases where the authors of these
defamations or insults intended to bring
damage to the honor or consideration of the heirs,
living spouses or legatees.
Article 446: The offenses of defamation and insults
provided for in this title are prosecuted only on complaint
the victims.
TITLE XXI: BREACHES
PERSONALITY
Chapter I st : Violations of privacy
Article 447: Anyone, by means of a process
of any kind, willfully interfered with
the privacy of others by capturing, recording or
transmitting, without the consent of their author,
words spoken in a private or confidential capacity or in
fixing, recording or transmitting, without
consent thereof, the image and any medium
digital of a person in a private place,
is punished by imprisonment for one year at most and
1,000,000 francs fine at most.
When it is established that the acts mentioned in
this article were carried out in full view of the
interested without their opposing it, while they
were able to do so, the consent of these
is presumed.
89
Article 452: Whoever, by means of maneuvers,
threats, assault or coercion, force a third party to
leave the place he lives without having obtained the competition
of the State or a final judicial decision, in the
conditions provided for by the texts in force, is punished
imprisonment for up to three years and
5,000,000 francs fine at most.
Article 453: The attempt of the offenses provided for in
this chapter is punished by the same penalties.
Article 454: In the cases provided for in this chapter,
public action can only be exercised upon a complaint from
the victim, his legal representative or his successors
law.
Article 455: Declared legal persons
criminally responsible for the offenses defined in
this chapter incur, in addition to the fine of
60,000,000 francs at most:
-the ban, permanently or for a period of five
years at most, to exercise directly or indirectly
professional or social activity in the exercise or in
the occasion of the exercise of which the infringement was
committed;
-the display or dissemination of the decision pronounced at
their costs.
Chapter II: Attacks on the representation of
nobody
Article 456: Anyone who publishes, by any means
whether it is, the montage made with the words or the image
of a person without their consent, if it does not appear
obviously that it is a montage or if it is not
expressly made mention, is punished of a
imprisonment for up to two years and 20,000,000
of francs fine at most.
When the offense provided for in the above paragraph is
committed through the written, audiovisual or
any electronic means, the special provisions
laws governing these matters are applicable in
which concerns the determination of persons
responsible.
TITLE XXII: VIOLATIONS OF THE SECRET
PROFESSIONAL
Article 457: Doctors, surgeons and others
health officers, as well as pharmacists, midwives
women and all other custodians, by state
or profession, or by temporary functions or
permanent, secrets that we entrust to them, which, apart from
cases where the law obliges or authorizes them to act
whistleblowers, revealed these secrets, are punished with a
imprisonment for up to six months and a fine of
3. fraudulent modifications or alterations
water, gas or
of electricity, with the aim of subtracting all or
party the user to the payment of the royalties;
4. the rascality or other trickery committed in the
damage to restaurateurs, retailers of drinks,
hoteliers, carriers or any other service provider
services by clients knowing they are insolvent.
Article 462: Cannot give rise to prosecution
penal but only civil reparations, where
applicable, the subtractions committed:
-by one spouse to the detriment of the other, except when the
spouses are legally separated or authorized to reside
separately;
- by a widower or a widow as for the things which had
belonged to the deceased spouse;
-by children or other descendants to the detriment of
their fathers or mothers or other ascendants, by fathers
or mothers or other ascendants to the detriment of their
children or other descendants;
-by allies to the same degree provided that the
subtractions are committed during the duration of the
marriage and outside the period in which the
spouses are allowed to reside separately.
Section 2: Aggravated thefts
Article 463: Constitutes aggravated theft, theft committed
with one of the following circumstances:
-when it is committed by several people acting in
authorship or accomplice without constituting
an organized gang;
-when it is committed by a person who takes
unduly the quality of a depositary of
public authority or responsible for a service mission
public;
-when it is preceded, accompanied or followed by violence
on others who have not resulted in a total inability to
job ;
-when it is committed in a living room or in
a place used or intended for the warehouse of funds, values,
goods or materials;
-when it is preceded, accompanied or followed by an act of
destruction, degradation or deterioration;
-when it is committed by reason of belonging or
not belonging, true or supposed, of the victim to a
ethnicity, nation, race or religion.
Any author of a theft committed with one of the
aggravating circumstances specified above is punished
up to five years' imprisonment and 2,000,000
of francs fine at most.
Sentences are increased to seven years
imprisonment at most and 5,000,000 francs
91
Chapter II: Fraud
Article 469: Anyone, either by making use of forgery
names or false qualities, either by using
fraudulent maneuvers to persuade the existence of
bogus companies, power or credit
imaginary, or to give birth to hope or fear
a success, an accident or any other event
chimerical, is given or delivered funds,
furniture or bonds, provisions, tickets,
promises, receipts or discharges and a, by one of these
means, defrauded or attempted to defraud property
of others, is punished by imprisonment for five years
more, and a fine of 20,000,000 francs at most.
If the offense is committed by a person who appealed
to the public with a view to issuing shares, bonds,
bonds, shares or securities of any kind, either from a company or
a commercial or industrial company,
imprisonment may be increased to ten years at most and
the fine to 50,000,000 francs at most.
In any case, the culprits may be, in
furthermore, subject to the prohibition of the rights mentioned in
articles 79 and 98 of this Code.
Chapter III: Offenses committed in connection with
checks
Article 470: Is punished by imprisonment for three years
at most and a fine of 2,000,000 francs at most,
anyone:
1.a fraudulently issued an undated check
or bearing a false date, or bearing no indication of
the sum neither in figures nor in words;
2. has knowingly agreed to receive a
check issued under the conditions referred to in paragraph
previous.
In any case, the fine cannot be
less than the amount of the check.
Imprisonment can be increased to five years at
plus and the fine of 5,000,000 francs at most in respect of
the beneficiary who caused the check to be issued
irregular.
If he is a trader, the temporary closure or
of its establishment may, moreover, be
pronounced by the court.
Article 471: Is punished by imprisonment for five years
at most and a fine of 5,000,000 francs at most,
anyone who has:
-counterfeit or falsified check;
- knowingly accepted to receive a
counterfeit or forged check.
whether the facts being the subject are correct or not, a
extorted or attempted to extort either the remittance of funds or
values, either the signature or the delivery of a writing, a
deed, title or document of any kind containing or
operating obligation, disposition or discharge, is punished
imprisonment for not more than five years, and
fine of 5,000,000 francs at most.
Article 475: Whoever has extorted by force, violence
or compels the signing or delivery of a written document,
deed, title or document of any kind containing or
operating obligation, disposition or discharge, is punished
imprisonment for up to seven years and may be,
in addition, a fine of 10,000,000 francs at most.
The perpetrator of the extortion is punished by ten years
imprisonment at most and 20,000,000 francs
fine at most, when it is committed to the prejudice
of a particularly vulnerable person due to
age, illness, infirmity, or state of
pregnancy, when this condition is apparent or was known to
his author.
The penalty is doubled when the extortion
is committed in an organized gang.
Chapter VI: Abuse of blank check
Article 476: Anyone who abuses a blank check who
has been entrusted to him, has fraudulently written above a
obligation or discharge or any other act that may
to compromise the person or the fortune of the signatory, is
punishable by imprisonment for not more than five years and
fine of 10,000,000 francs at most.
In the event that the blank check does not have him
been entrusted, the author incurs prosecution for forgery.
Chapter VII: Receiving
Article 477: Constitutes concealment the fact of concealing,
to hold, or to transmit a thing, or to act
intermediary in order to transmit it knowing that
this thing is from a felony or misdemeanor.
The fact, in
knowingly, to benefit, by any means, from the
proceeds of a crime or misdemeanor.
The culprit is punished by the penalties applicable to
facts which will have procured the things concealed.
These penalties are incurred by the receivers so
even that the main perpetrators of the offense do not
would not be punishable, in particular because of the
provisions of articles 462 and 468 of this Code.
 Article 474: Anyone, by means of a written threat or
verbal, defamatory revelations or imputations,
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receivers, by the sentence of thirty years of imprisonment
criminal at most.
TITLE II: OBSTACLES TO THE FREEDOM OF
JOB
Article 478: Anyone who uses violence to
fraudulent act, threats or maneuvers, caused or
maintained, attempted to bring about or maintain a cessation
concerted labor is guilty of obstructing the
freedom of work.
The culprit is punished with imprisonment of
three years at the most and can be, in addition, a fine of
5,000,000 francs at most.
TITLE III: DESTRUCTIONS AND
DEGRADATIONS
Article 479: Whoever has, with an intention
criminal, deposited, anywhere, a device
explosive, whether it exploded or not, is punishable by
life imprisonment.
Article 480: Is punished by criminal imprisonment
perpetuity, anyone who has sabotaged or attempted to sabotage,
sight of causing an accident:
-a vehicle, boat, aircraft;
-a railway convoy;
-an exploration or exploitation platform for
natural resources fixed on the continental shelf;
-any other device used to transport people or
the installations intended for maneuvering and
safety of these devices.
Article 481: Persons guilty of crimes
mentioned in Articles 479 and 480 above, are
exempt from penalty if, before the consumption of these
crimes and before any prosecution, they gave
knowledge and revealed the perpetrators to the authorities
administrative or judicial.
Article 482: Anyone responsible for the arson of a
inhabited building or a vehicle containing
people, whether this building or vehicle belongs
or not to the author of the fire, is punished by twenty years of
criminal seclusion.
The deliberately caused fire, which
resulted in the death of one or more persons or
permanent injuries or infirmities, is punished with
life imprisonment.
Article 483: Except in the cases provided for in the previous article,
anyone who willfully burned down or attempted
set fire to buildings, boats, construction sites, warehouses,
vehicles, timber, crops, belonging to others, is punished
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Anyone who enters a gathering in
with a view to committing or inciting other participants to
commit violence, assault, looting,
destruction or damage, is punished by three years
imprisonment at most and a fine of
10,000,000 francs at most.
When, following the circumstances provided for in
previous paragraphs, a homicide resulted, the
instigators of the disorders referred to in said paragraphs are punished
up to ten years' imprisonment and a fine
of 20,000,000 francs at most, without prejudice to
prosecutions that can be brought against the perpetrators of
this act.
Those found guilty of
offenses defined above, as well as the groups
or organizations that have the initiative of these
gatherings, are jointly responsible for
resulting bodily injury and material damage.
Article 486: Is punished by imprisonment for five years
at most and a fine of 5,000,000 francs at most,
or one of these two penalties only, whoever has
voluntarily and unnecessarily:
-destroyed or degraded crops, plants or trees
belonging to others;
-killed or mutilated domestic animals belonging to
others.
Article 487: Anyone, except in the cases provided for in articles
precedents, has, by any means whatsoever,
intentionally destroys or degrades the properties
property of others, is punished by imprisonment of
five years at most and a fine of 5,000,000 francs
at most.
If the damage was caused by an employee at
prejudice to his employer, imprisonment
can be extended to ten years at most.
Article 488: Without prejudice to reparation sanctions
provided for in article 47 of this Code, is punished by
imprisonment for not more than two years and a fine of
2,000,000 francs at most, anyone who has:
1. in whole or in part, filled in ditches, destroyed
fences, of whatever material they are made,
cut or uprooted from live or dry hedges;
2.moved or removed the bollards or corner feet or
other trees planted or recognized to establish boundaries
between different properties.
Article 489: Anyone having the control, use,
custody or disposal of a device, machine, vehicle,
or any other material belonging to others, has, by
recklessness, negligence or failure to observe
instructions received, destroyed or seriously damaged,
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fraudulently the data it contains, is punished by
up to five years' imprisonment and a fine of
100,000,000 francs at most.
When this offense is committed against
from an automated data processing system to
personal character implemented by the State, the penalty is
increased to ten years' imprisonment at most and one
fine of 200,000,000 francs at most.
Article 495: Act for anyone, without cause
legitimate, in particular for research or security
IT, to import, to hold, to offer, to transfer or
to provide an equipment, an instrument, a
computer program or any data designed or
specially adapted to commit one or more
of the offenses provided for in this Title and by the
penal provisions of the other texts in force, is
punished by five years imprisonment at most and one
fine of 100,000,000 francs at most.
Article 496: The fact that anyone participates in a
group formed or to an agreement established with a view to
preparation, characterized by one or more facts
material, one or more of the offenses foreseen
under this title and by the penal provisions of the other
texts in force, is punishable by a
imprisonment for not more than five years and a fine
of 100,000,000 francs at most.
Article 497: When the offenses provided for in this
title are committed in an organized gang and against
from an automated data processing system to
personal character implemented by the State, the penalty may
be increased to twenty years of criminal imprisonment and
500,000,000 francs fine at most.
Article 498: Natural persons guilty of
offenses provided for in this Title also incur the
the following additional penalties:
-the prohibition, for a period of five years at most, of
civic, civil and family rights;
-the ban, for a period of five years at most,
to exercise a public function or to exercise the activity
professional or social in the exercise of which or
on the occasion of which the offense was committed;
-the confiscation of the thing that was used or was intended for
commit the offense or the thing that is the offense
product, with the exception of objects liable to
restitution;
-the closure, for a period of five years at most, of
establishments or one or more of the
company establishments that were used to commit the
incriminated facts;
-exclusion, for a period of five years at most, from
public markets ;
-the ban, for a period of five years at most,
to issue checks other than those which allow the
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2. either to abuse or to have abused its real influence
or supposed in order to obtain a decision
favorable.
Chapter III: Illegal taking of interests
Article 503: The fact, by a depositary of
public authority or responsible for a service mission
public or by a person invested with an elective mandate
public, to take, receive or keep, directly
or indirectly, any interest in any
company or in an operation of which it has, at the time
of the act, in whole or in part, the responsibility of ensuring the
supervision, administration, liquidation or
payment, is punishable by five years imprisonment
more and a fine of 20,000,000 francs at most.
Article 504: Is punished by five years' imprisonment
more and a fine of 10,000,000 francs at most,
by a person who has been entrusted, as an agent
public or official of a public administration, in the
within the framework of the functions that she actually performed, either
to ensure the supervision or control of a company
private, or to enter into contracts of any kind with
a private company or to formulate an opinion on such
contracts, or to propose directly to the authority
responsible for decisions relating to transactions
carried out by a private company or formulate a
advice on such decisions, to take or receive
a participation by work, advice or capital in
one of these companies before the expiration of a period of
two years after the termination of these functions.
Chapter IV: Infringements of freedom of access and
equality of candidates in public procurement and
public service delegations
Article 505: Is punished by ten years' imprisonment
more and a fine of 20,000,000 francs at most,
by a person invested with a public elective mandate or
exercising the functions of representative, administrator or
agent of the State, local authorities,
public establishments or by any person acting
on behalf of one of the aforementioned, of
to procure or attempt to procure for others a benefit
unjustified by an act contrary to the provisions
legislative or regulatory aimed at
guarantee freedom of access and equality of candidates in
public contracts or public service delegations.
Chapter V: Subtraction or misappropriation
of goods per person exercising a function
public
Article 506: The fact by a depositary of
public authority or responsible for a service mission
public, a public accountant, a public depositary or
one of his subordinates, destroy, divert or
subtract an act or title, or public funds or
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for abusing or having abused his influence in
conditions mentioned in point 2 above.
Article 509: Is punished by ten years' imprisonment
more and a fine of 50,000,000 francs at most,
by anyone, to solicit or approve, at any time,
directly or indirectly, offers, promises,
gifts, presents or any other advantages,
for himself or for others to abuse or have
abused his real or supposed influence with a view to
obtain from an authority or an administration
public distinctions, jobs, markets or
any other favorable decision.
The same penalties apply to giving in to
requests provided for in the first paragraph or to propose,
without right, at any time, directly or indirectly,
offers, promises, gifts, presents or
any benefit to a person, for himself
or for others, so that she abuses or because she has
abused his real or supposed influence with a view to
obtain from an authority or an administration
public distinctions, jobs, markets or
any other favorable decision.
Chapter VII: Corruption of public officials
foreigners
Article 510: The offenses provided for in the chapters
first to six of this title and attributable to any
person responsible for public authority, in charge of
a public service mission or one with a mandate
public elective in a foreign state or within a
public international organization are punished with
same penalties.
The prosecution of these crimes cannot be initiated.
only at the request of the Public Prosecutor.
Article 511: Corruption and influence peddling
liabilities, corruption and active influence peddling
attributable to any person exercising functions
jurisdictional in a foreign state or within a
international court, any registry official of a
foreign jurisdiction or an international court, any
expert appointed by such jurisdiction or court
or by the parties, any arbitrator or conciliator exercising his
mission under foreign law, are liable
the same penalties.
Article 512: The additional penalties provided for in
this Code is applicable to natural persons
and legal persons found guilty.
Chapter VIII: Non-performance of public contracts
Article 513: The act by any officer of any
company having obtained payment for the realization of
public works in execution of a public contract,
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deputy general of a public limited company, which issue
actions before registration or at any
period, when registration is obtained by fraud
or that the company is irregularly incorporated.
Article 518: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or of one of these two penalties only, those
who :
a) knowingly, sincerely and true
subscriptions which they know to be fictitious or declare that the
funds that have not been made fully available
of the company have actually been paid;
b) provide the notary or depositary with a list of
shareholders or subscription and
payment mentioning fictitious subscriptions or
payments of funds that have not been finalized
available to society;
c) knowingly, by simulating subscription or
payment or by publication of payment that does not exist
not or any other false facts, obtain or attempt
to obtain subscriptions or payments;
d) knowingly, to induce subscriptions or
installments, publish the names of designated persons
contrary to the truth as being or to be
attached to the company in any capacity;
e) fraudulently, have them attributed to a contribution in kind,
a valuation greater than its actual value.
Article 519: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, those who
knowingly negotiate:
a) registered shares which have not remained
in registered form until their release;
b) contribution actions before the expiry of the deadline
during which they are not negotiable;
c) shares in cash for which payment
of the quarter of the nominal is not carried out.
Section 2: Breaches of management,
administration and management of companies
Article 520: Are punished by imprisonment of five
years at most and a fine of 10,000,000 francs
more, or one of these two penalties only, the
corporate executives who, in the absence of an inventory or
means of fraudulent inventories, knowingly operate
between shareholders or between partners, the distribution of
fictitious dividends.
Article 521: Are punished by imprisonment of five
years at most and a fine of 10,000,000 francs
more, social leaders who knowingly, even in
the absence of any distribution of dividends, publish
or present to shareholders or partners, with a view to
conceal the true situation of society, states
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Article 525: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, the
corporate executives who during a capital increase:
-born do not benefit to the shareholders,
in proportion to the amount of their shares of one
preferential subscription rights for shares in
cash when this right is not waived by
the general meeting and that the shareholders do not attend
waived;
- do not reserve for shareholders a period of twenty
at least days from the opening of the subscription,
except when this period is closed in advance;
- do not attribute the actions made available, fault
a sufficient number of subscriptions for
irreducible, to shareholders who have subscribed as
reducible a number of shares greater than the number they
could subscribe at title irreducible,
in proportion to the rights they have;
-do not reserve the rights of holders of vouchers
subscription.
Article 526: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, the
corporate executives who knowingly give or
confirm inaccurate statements in reports
presented to the general meeting called to decide on the
cancellation of preferential subscription rights.
Sub-section 2: Capital reduction
Article 527: Is punished by imprisonment for three years
at most and a fine of 1,000,000 francs at most,
or one of these two penalties only, the
directors, the chairman and chief executive officer, the
general manager, deputy head or
the deputy deputy head who knowingly
carry out a capital reduction:
- without respecting the equality of shareholders;
-Without communicating the capital reduction project to
auditors forty-five days before the
holding of the general meeting called to rule on the
capital reduction.
Section 5: Infringements of company control
Article 528: Are punished by imprisonment of five
years at most and a fine of 10,000,000 francs
more, or one of these two penalties only, the
corporate officers who do not cause the appointment
the statutory auditors of the company or
not convene general meetings.
Article 529: Is punished by imprisonment for five
years at most and a fine of 10,000,000 francs
more, or one of these two penalties only, any
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- does not summon the partners, for the purposes of liquidation,
to rule on the final liquidation account, on
discharge of his management and discharge of his mandate and
to record the closing of the liquidation;
-does not file its final accounts at the registry of the
court in charge of commercial affairs at the place of
head office, nor does it seek the approval of
these.
Article 534: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or one of these two penalties only, when
the liquidation takes place by court order, the
liquidator who knowingly:
- within six months of his appointment, does not present a
report on the active and passive situation of the company in
liquidation, and on the continuation of
liquidation, nor does it seek the necessary authorizations
to finish them;
- within three months of the end of each financial year,
does not prepare the summary financial statements in view of
the inventory and a written report in which he reports
liquidation operations during the year
elapsed;
-does not allow associates to exercise, during periods of
liquidation, their right of communication of documents
social under the same conditions as before;
-does not summon the partners, at least once a year,
to report to them on the summary financial statements
in the event of continued social exploitation;
-does not deposit into an open deposit account
in the accounts of the Public Treasury, within one year
from the distribution decision, the sums
assigned to allocations between partners and
creditors;
- do not deposit, on an open deposit account
in the accounts of the Public Treasury within one year
from the close of the liquidation, the sums
attributed to creditors or partners and not
claimed by them.
Article 535: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
plus, the liquidator who, in bad faith:
-makes property or credit of the company in liquidation,
a use that he knows to be contrary to the interests of the latter, to
for personal purposes or to favor another person
morality in which he is interested, directly or
indirectly;
-cells all or part of the assets of the company in liquidation
to a person having the status of partner in the company
in sponsorship name, manager, board member
administration, deputy head or
auditor, without having obtained the
unanimous consent of the partners or, failing this,
the authorization of the competent court.
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-keeps incomplete or irregular accounts or does not
not keep in accordance with accounting rules and
uses recognized in the profession with regard to
the importance of the business.
The natural person trader is
also guilty of bankruptcy and punished by the same
penalties provided for in paragraph 1 st above when after
have been declared twice in a state of cessation of
payments within five years, these procedures have
been closed for insufficient assets.
Article 539: Is declared guilty of bankruptcy
fraudulent and punishable by imprisonment for ten years at
plus, any person referred to in article 536 above who:
- subtracted his accounting;
- misappropriates or dissipates all or part of its assets;
- acknowledges fraudulently debtor of sums
that she was not owed either in her writings or by
published acts or commitments under private signature, either
in its balance sheet;
-exercises the commercial profession unlike a
prohibition provided for by uniform acts or by law;
-after the cessation of payments, pays a creditor to the
mass injury;
-stipulate with a creditor special advantages to
reason for his vote in the deliberations of the masses, or
makes a special treaty with a creditor from which he
results for the latter, a benefit payable by the asset
of the debtor from the day of the opening decision.
Is also found guilty of bankruptcy
fraudulent and punishable by the same penalty, any person
referred to in article 536 of this Code which, on occasion
a legal settlement process, poor
authentic, present or cause to be presented an income statement, a
balance sheet, a statement of receivables or payables or an active statement and
liabilities of privileges and sureties, inaccurate or incomplete.
As well as any person who, without
authorization from the president of the competent court,
performs an act that prohibits the debtor from paying in whole or
part of the claims arising after the suspension decision
individual prosecutions, not to take any action
disposition unrelated to the normal operation of
the company, nor grant any security, to
sureties who have paid debts born
prior to the above-mentioned decision.
Sub-section 2: Offenses assimilated to
bankruptcies
Article 540: The provisions of articles 536 and 537 below
above are applicable to natural persons
managers of legal entities subject to
insolvency proceedings and their representatives
permanent.
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public documents or commitments under private signature,
either in the balance sheet;
-exercise the profession of manager unlike a
prohibition provided for by uniform acts or by law;
-stipulate with a creditor, on behalf of the person
moral, special advantages due to his vote
in the deliberations of the masses or which conclude with
a creditor, a special agreement by which he
results for the latter, a benefit payable by the asset
of the person from the day of the decision declaring
suspension of payments.
Are also punished with the same penalties,
executives who, within fifteen days of the
declaration of suspension of payments, have not filed
a composition offer specifying the measures and
conditions for continued operation of
the company such as the request for the granting of time limits and
discounts, partial disposal of assets with indication
specifies the assets to be transferred, the transfer or the rental
management of a branch of activity forming a fund
trade, sale or lease management of all
of the company without these conditions being restrictive
and mutually exclusive, the persons held
carry out the composition as well as dismissals for
economic motive and the replacement of leaders,
the opportunity for a preventive settlement procedure, which:
-in bad faith, present or cause to be presented an account
results, a balance sheet, a statement of receivables or debts or
an active and passive statement of privileges and security interests, inaccurate-has
incomplete;
- without authorization from the president of the court
competent, perform one of the prohibited acts
following:
1.pay in whole or in part, the claims arising
prior to the decision to suspend
individual prosecutions;
2. make an act of disposition unrelated to the operation
normal business, nor grant any security;
3. to pay off the sureties who have paid debts
born prior to the decision to open the
collective procedure.
Section 2: Other offenses
Article 544: Are punished by imprisonment of ten
years at most and a fine of 20,000,000 francs
more or one of these two penalties:
-people convinced of having, in the interest of the
debtor, subtracted, concealed, concealed or assigned all or
part of the movable or immovable property, without prejudice
of the application of the penal provisions relating to
complicity;
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Article 549: The agreements provided for in article 538 below
above are further declared void by the court
repressive against all persons, including the
debtor.
The judgment will also order the creditor to
report, to whom it may concern, the sums or values ​he
received under canceled agreements.
Article 550: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more :
-the company directors of a commercial company or
industry and people who, on the occasion of
the exercise of their profession or function,
inside information on the situation or
outlook of an issuer whose securities
are traded on the market, to realize or allow
knowingly to carry out, directly or by person
interposed, one or more operations before the
public knowledge of this information and with
aim of making an undue profit;
-any person having the opportunity to exercise
his profession or functions, information
privileged on the situation or prospects of a
issuer whose securities are traded on
a market, to communicate them to a third party outside the
normal framework of his profession or functions and
with the aim of making an undue profit;
-the company directors of a commercial company or
industry and people who, on the occasion of
the exercise of their profession or function,
inside information on the situation or
outlook of an issuer whose securities
are traded on the market, to disseminate a
false or misleading information that undermines
equal access of market players to information
and which undermine confidence in the market.
Article 551: Without prejudice to the provisions relating to
criminal record, all sentencing decisions
made under the provisions of this chapter
are, at the expense of the convicted, displayed and published in
a journal of legal announcements as well as by extract
summary, in the Official Journal mentioning the number of
newspaper of legal notices where the first insertion is
published.
Chapter V: Infringements of the relevant right
simplified recovery procedures and channels
execution
Article 552: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or one of these two penalties only, the
debtor seized or the third party holder in whose hands
the entry has been made which does not represent the objects
seized when he is deemed to be its custodian.
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Article 556: Is punished by imprisonment for one year at
more and a fine of 2,000,000 francs at most, or
of one of these two penalties only, the commissioner
auctioneer or any other legal assistant responsible for
sale that receives a sum above the auction.
Article 557: Is punished by imprisonment for one year at
more and a fine of 2,000,000 francs at most,
or one of these two penalties only, the bailiff or
the enforcement agent who fails to meet one of the conditions
following:
- the mention of the names, first names and domicile of the seized person andthose
seizure and the possible election of domicile of
gripping;
-the very apparent mention of unavailability
seized property and its placement in the custody of the
Nevertheless, the penalty of criminal imprisonment
perpetuity incurred is substituted, with regard to
93
imprisonment for not more than ten years and
fine of 20,000,000 francs at most.
The one who, setting fire to or causing the fire
of one of his own property, willfully caused a
any prejudice to others, is punished with the same
penalties.
Article 484: Whoever has willfully destroyed,
knocked over or seriously damaged by any means
whether, in whole or in part, buildings, bridges,
dikes or causeways or other constructions that he knew
belong to others, or caused the explosion of a
any machine, is punished by imprisonment of
ten years at most and a fine of 30,000,000 francs
at most.
If this has resulted in death or injury to the
people, the culprit is, in the first case, punished
life imprisonment and in the second,
twenty years of criminal imprisonment.
Article 485: Without prejudice to more serious penalties
provided for by the Penal Code or special laws, when,
due to an individual, a group of individuals, a
meeting or gathering, it resulted from
violence, looting or destruction or
damage caused to property, movable or immovable,
private or public:
1. the authors and accomplices are punished by ten years
imprisonment at most and a fine of
20,000,000 francs at most;
2.the instigators of the disturbances are punished with the same
penalties that the perpetrators;
3.the perpetrators of assault on persons are punished
up to one year's imprisonment and a fine of
5,000,000 francs at most.
Those who will have continued to participate in this
rally despite the order of removal given by
public authorities or those responsible for
organizations that called for these demonstrations, are
punished by two years imprisonment at most and one
fine of 5,000,000 francs at most.
The penalties provided for in the previous paragraph are
doubled if:
1.the gathering was not declared or was banned
by the administrative authority;
2.the instigators of the unrest pushed miners to
committing acts of violence or means of
done on people or destruction and damage
on goods.
is punished by imprisonment for up to six months and
a fine of 2,000,000 francs at most, or
one of these two penalties only.
Article 490: Anyone who willfully burned or
destroys, in some way, registers, minutes
or original acts of public authority, titles,
promissory notes, bills of exchange, commercial paper or
bank, containing or operating obligation, disposition
or discharge, is punishable by imprisonment for ten years
at most and a fine of 5,000,000 francs at most.
Article 491: Without prejudice to more serious penalties
provided for in the preceding articles, anyone who has
willfully destroyed, cut down or degraded
monuments, statues or any other objects intended for
public utility or decoration and raised by authority
public or with its authorization, is punished with
imprisonment for up to ten years or one of these
two sentences only.
TITLE IV: BREACH OF THE SYSTEMS OF
AUTOMATED DATA PROCESSING
Article 492: The fact that anyone has access or
maintain, fraudulently, in all or part of a
automated data processing system is punished with
not more than two years' imprisonment and a fine of
100,000,000 francs at most.
Where this has resulted in either the deletion or
modification of data contained in the system, either
an alteration in the functioning of this system, the penalty
will be up to five years' imprisonment and one
fine of 200,000,000 francs at most.
When the offenses provided for in both
first paragraphs were committed against a
automated personal data processing system
staff employed by the State, the penalty is increased to
ten years imprisonment and a fine of
500,000,000 francs at most.
Article 493: Anyone who obstructs or
distort the functioning of a treatment system
automated data, is punished by five years
imprisonment at most and a fine of
10,000,000 francs at most.
When this offense was committed in
against an automated processing system
personal data implemented by the State, the
penalty is increased to ten years' imprisonment at most and
a fine of 200,000,000 francs at most.
Article 494: The fact for anyone to introduce
fraudulently data in a system of
automated processing, to extract, to hold, to
reproduce, transmit, delete or modify
95
withdrawal of funds by the drawer from the drawee or those who
are certified;
-the display or dissemination of the decision pronounced in the
costs of the perpetrator.
Article 499: Declared legal persons
criminally responsible for the offenses defined in
this chapter incur, in addition to the fine of
500,000,000 francs at most, the penalties
additional provisions provided for in article 98 of this Code.
Article 500: The attempt of the offenses provided for in
this title is punished by the same penalties as those
planned for the action accomplished.
BOOK FIFTH: GOOD
GOVERNANCE
TITLE I: BREACH OF GOOD
PUBLIC GOVERNANCE
Chapter I st : From extortion
Article 501: The fact by a depositary of
public authority or responsible for a service mission
public, to receive, demand, or order to collect from
title of duties or contributions, taxes or public charges,
a sum that she knows not to be due, or to exceed this
which is due, is punished with a penalty of five years
imprisonment at most and a fine of
10,000,000 francs at most.
Is punished with the same penalties the fact, by the same
people, to grant in any form and
for any reason whatsoever an exemption or
exemption from duties, contributions, taxes or duties
public in violation of the texts in force.
The attempt of the offenses provided for in this
article is punishable by the same penalties.
Chapter II: Passive corruption and trafficking
influence committed by persons exercising
public service
Article 502: Is punished by five years' imprisonment
more and a fine of 10,000,000 francs at most, the
done by a person holding public authority,
entrusted with a public service mission or invested with
public elective mandate, to solicit or approve, without
right, at any time, directly or indirectly, to
offers, promises, gifts, presents or
any advantages for herself or for others:
1. either to accomplish or to have accomplished, to abstain
or have refrained from performing an act of their function,
its mission or mandate or facilitated by its function,
its mission or mandate;
private, or effects, documents or securities in lieu thereof, or any
other object given to him by reason of his duties
or his mission, is punished by the penalty of twenty years of
criminal imprisonment at most and 100,000,000 francs
fine at most.
Article 507: In the cases provided for in Articles 509 to 513 below
below, can be pronounced, as a complement, the
the following penalties:
-the prohibition of civil, civic and family rights;
-the prohibition either to exercise a public function or
to exercise professional or social activity in
the exercise or on the occasion of the exercise of which
the offense was committed, either for the offenses
provided for in Articles 509 and 513 below, to exercise
commercial or industrial profession, to manage,
to administer, manage or control in a capacity
any, directly or indirectly, for its
own account or on behalf of others, a company
commercial or industrial or a trading company.
These exercise bans may be pronounced
cumulatively;
-the confiscation of sums or objects irregularly
received by the offender with the exception of items
susceptible of restitution.
Chapter VI: Active corruption and trafficking
of influence committed by individuals
Article 508: Is punished by ten years' imprisonment
more and a fine of 50,000,000 francs at most,
by anyone, to offer without right, at any time,
directly or indirectly, offers, promises,
gifts, presents or any benefit to
a person holding public authority, in charge of
a public service mission or one with a mandate
elective public, for herself or for others:
1. either for it to fulfill or to abstain
to accomplish, or because it has accomplished or is
refrained from performing an act of his function, of his
mission or mandate;
2. either for her to abuse, or because she has abused
its real or supposed influence with a view to obtaining
of a public authority or administration of
distinctions, jobs, markets or any other
favorable decision.
The same penalties apply to giving in to a
person responsible for public authority, in charge of
a public service mission or one invested with
public elective mandate which solicits without right, at any
the moment, directly or indirectly, of offers,
promises, gifts, gifts or benefits
any, for herself or for others, for
perform an act mentioned in point 1 above or
97
voluntarily refrain from their total execution or
partial, will be punished by seven years imprisonment
more and a fine of 20,000,000 francs at most or
one of these two penalties only.
It is also pronounced against the person
moral full reimbursement of sums received
without prejudice to the condemnation to one or more
additional penalties provided for in Article 98 of the
this Code and the award of damages.
TITLE II: BREACH OF GOOD
ECONOMIC GOVERNANCE
Chapter I st : From Failure to comply
constitutive of a company
Article 514: Is punished by imprisonment for three years
at most and a fine of 5,000,000 francs at most,
or one of these two penalties only, whoever
voluntarily refrains from completing formalities
prescribed for the incorporation of a company or fulfills
a formality by fraud.
The court which pronounces the sentence
orders, where appropriate, the registration or rectification
inaccurate statements.
Chapter II: Infringements of the law of security interests
Article 515: Is punished by imprisonment for three years
at most and a fine of 5,000,000 francs at most,
or one of these two penalties only, any
person who registers a movable security either by fraud,
either by giving inaccurate information or data
dishonest.
The court which pronounces the sentence
orders, where appropriate, the registration or rectification
inaccurate statements.
Article 516: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or one of these two penalties only, the
policyholder or any person who totally deprives or
partially the lessor of his privilege by
fraudulent maneuvers.
Chapter III: Infringements of company law
commercial and interest groups
economic
Section 1: Offenses against the constitution of companies
Article 517: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, the
founders, the chairman and chief executive officer, the director
deputy head, deputy head or administrator
financial summary not giving, for each
exercise, a faithful image of the operations of the exercise,
the financial situation and that of the heritage of the
company, at the end of this period.
Article 522: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
plus, the manager of the limited liability company, any
director, the chairman and chief executive officer,
deputy head or deputy head
deputy or any other de jure or de facto officer who, from
bad faith, made property or credits of the company,
a use that he knows to be contrary to the interests of the latter, to
personal, material or moral purposes, or for
favor another legal person in which they
are interested, directly or indirectly.
Section 3: Infringements of general meetings
Article 523: Are punished by imprisonment for two
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, those who
knowingly prevent a shareholder or partner from
participate in a general assembly.
Section 4: Offenses against changes in capital
limited companies
Sub-section 1: The capital increase
Article 524: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, the
directors, the chairman of the board of directors,
the Chairman and Chief Executive Officer, the Chief Executive Officer,
deputy head or deputy head
deputy of a public limited company which, during a
capital increase, issue shares or
stock cuts:
-before the certificate of the depositary is drawn up;
-without the formalities prior to the increase in
capital are regularly performed;
-without the previously subscribed capital of the company
either fully released;
-without the new contribution actions being
fully released before the amending registration
the trade and movable property credit register;
- without the new shares being paid up by a quarter
at least of their nominal value at the time of
subscription;
-if applicable, without the entire premium
issue is paid up at the time of subscription.
Are punished with the same penalties, people
referred to in this article which do not maintain the
shares in cash in registered form until their
full release.
99
person who, either in his own name or in his capacity
partner of a company of auditors,
knowingly accepts, exercises or retains functions
of statutory auditors, notwithstanding the
legal incompatibilities.
Article 530: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or only one of these two penalties, any
auditor who, either in his name
staff, or as a partner of a
auditors, give or confirm,
knowingly misleading information about the
situation of the company or which does not reveal to the Ministry
Public the criminal facts of which he is aware.
Article 531: Are punished by imprisonment of five
years at most and a fine of 10,000,000 francs
more, or one of these two penalties only, the
corporate officers or any person in the service of
company that knowingly obstruct audits
or the control of the statutory auditors or who
refuse communication, on site, from scratch
useful for the exercise of their mission and in particular for all
contracts, books, accounting documents and records of
minutes.
Section 6: Offenses against the dissolution of companies
Article 532: Are punished by imprisonment of five
years at most and a fine of 10,000,000 francs
more, or one of these two penalties only, the
corporate executives who knowingly when the capital
company owns become less than half of the
share capital due to losses recorded in the states
synthetic financials:
- do not summon, within the following four months
the approval of the financial statements that published these
losses, the extraordinary general meeting for the purpose of
decide, if necessary, on the early dissolution of the
society ;
- do not file at the registry of the court in charge of cases
commercial, do not register in the register of
trade and movable property loans and do not publish,
in a newspaper authorized to receive legal notices,
the early dissolution of the company.
Section 7: Offenses against the liquidation of companies
Article 533: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or one of these two penalties only, the
liquidator of a company who knowingly:
- within one month of his appointment, do not
not publish in a newspaper authorized to receive
legal announcements of the place of the registered office, the act
appointing liquidator;
Section 8: Offenses in the event of a public appeal
savings
Article 536: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more, or one of these two penalties only, the
presidents, directors or general managers
of companies that issue securities offered
to the public :
-Without inserting a notice in a journal authorized to
receive legal notices, prior to any
publicity measure;
-without the prospectuses and circulars reproducing the
statements of the aforementioned leaflet and contain
the mention of the inclusion of this notice in the journal
authorized to receive legal notices with reference to
number in which it is published;
-without posters and newspaper advertisements
reproduce the same sayings or at least,
an extract from these statements with reference to said
notice, details of the number of the journal authorized to
receive the legal announcements in which it is
published:
-without posters, flyers and flyers
mention the signature of the person or
representative of the company whose offer comes from and specifies
whether the securities offered are listed or not and, in
if so, at what stock exchange.
Are punished with the same penalties, the people who
act as intermediaries during the sale of
securities.
Chapter IV: Infringements of procedural law
collective debt settlement
Section 1: Bankruptcies and similar offenses
Article 537: The provisions of this section
apply to traders, artisans, farmers,
partners of commercial companies having the quality of
merchant who are in a state of insolvency.
Sub-section 1: Bankruptcies
Article 538: Is declared guilty of bankruptcy
simple and punishable by imprisonment for two years at
plus, any person referred to in article 536 above who:
-contracts, without receiving values ​in exchange,
commitments deemed too important in view of its
situation when she contracts them with the intention of
delay the recognition of the cessation of payments,
purchases for resale below the price
or if, with the same intention, employs means
ruinous to raise funds;
-Without a legitimate excuse, do not go to the
competent jurisdiction, the declaration of his state of
cessation of payments within thirty days;
101
The officers referred to in this article
are understood to be all officers in law or in fact and
in general, any person having
directly or through an intermediary, administered, managed
or liquidated the legal person under cover or in lieu
and place of its legal representatives.
Article 541: Are punished by imprisonment for two
years at most, the officers referred to in Article 524 of this
Code which, in this capacity and in bad faith:
-consume sums belonging to the person
moral by carrying out operations of pure chance or
fictitious transactions;
- make purchases for resale below the
courses or employ ruinous means to procure
funds with the intention of delaying the recognition of
cessation of payments by the legal person;
-pay or cause a creditor to be paid to the detriment of the
mass after the person's cessation of payments
moral;
-contract by the legal person on behalf of
from others, without receiving values ​in exchange,
commitments deemed too important in view of its
situation when these were contracted;
- keep, keep or let keep accounts
irregular or incomplete legal person in the
conditions provided for in article 533 of this Code;
- fail to do so at the registry of the competent court,
within thirty days, the declaration of the state of
cessation of payments by the legal person;
- hijack or conceal, attempt to hijack or
conceal part of their property or recognize each other
fraudulently debtors of sums that they do not owe
not with a view to subtracting all or part of their heritage
prosecution of the legal person in a state of cessation
payments or those of partners or creditors
of the legal person in a state of insolvency.
Article 542: Are declared guilty of bankruptcy
simple and punishable by imprisonment for two years at
plus, legal or de facto representatives of persons
legal entities with partners indefinitely and
jointly and severally liable for their debts which,
without a legitimate excuse, do not do
competent jurisdiction, the declaration of the state of
cessation of payments within 30 days or if
this declaration does not include the list of associates
solidarity with the indication of their names and domiciles.
Article 543: Are punished by imprisonment of ten
years at most, the officers referred to in Article 524 of this
Code which fraudulently:
-subtracted the books of the legal person;
- misappropriate or conceal part of its assets;
- recognize the legal person debtor of sums
that it should not, either in the scriptures, or by
-people convicted of fraudulently
produced in the insolvency proceedings, either on their behalf,
either by proxy or supposition of persons
supposed claims;
-people who, trading under the name
of others or under a supposed name, in bad faith,
hijack, conceal, cede, attempt to hijack, to
conceal or cede part of their property.
Article 545: Are punished by imprisonment of three
years at most and a fine of 5,000,000 francs
more or only one of these two penalties, the
spouse, descendants, ascendants or
collateral of the debtor or his allies who, unbeknownst to the
debtor, misappropriate, entertain or conceal effects
dependent on the debtor's assets in a state of cessation of
payments.
Article 546: Even though there would be an acquittal in the
cases provided for in articles 538 and 539 of this Code, the
court seized decides on damages and
the reintegration, into the debtor's assets, of
goods, rights or actions withdrawn.
Article 547: Is punished by imprisonment for ten years
at most and a fine of 20,000,000 francs at the
plus, any bankruptcy trustee who:
-exercises a personal activity under the guise of a
debtor's business masking his actions;
or the debtor's credit or property as his
own goods;
- dissipates the assets of the debtor;
-properly and in bad faith, in his
personal interest, either directly or indirectly,
a loss-making operation of the debtor's business;
-acquires on its own behalf, directly or
indirectly, property of the debtor in breach of
the prohibition on the trustee and all those who have
participated in the administration of any procedure
collective, to acquire personally or directly,
either indirectly, amicably or by court sale
all or part of the movable or real estate assets of the
debtor in preventive settlement or
collective proceedings.
Article 548: Is punished by imprisonment for three years
at most and a fine of 5,000,000 francs at most,
the creditor who:
-stipulate with the debtor or with any person,
special advantages due to his vote in the
mass deliberations;
- concludes a particular agreement from which it results
in its favor, an advantage charged to the assets of the
debtor from the day of the decision to open the
collective procedure.
103
Article 553: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or only one of these two penalties,
anyone who is guilty of a breach of
prescribed conditions relating to:
-the mention of the authorization of the competent court
or the title under which the seizure is made and
the annex in original or certified true copy of the aforesaid
documents;
-the very apparent mention of unavailability
seized property and its placement in the custody of the
debtor or a third party, by agreement of the parties;
-the reproduction of the penal provisions sanctioning the
misappropriation of seized objects;
-the requirement of the mention in the seizure document:
1.names, first names and domicile of the seized person and of the
seizure and the possible election of domicile of
gripping;
2.the warning in a very apparent character of
the unavailability of goods and their placement under the
custody of debtors seized without being able to dispose of them or
alienate;
3.the reproduction of penal provisions
sanctioning the misappropriation of seized objects.
Article 554: Is punished by imprisonment for five years
at most and a fine of 10,000,000 francs at the
more, or only one of these two penalties,
anyone who is guilty of a breach of
conditions of the inventory of goods held by a third party
on behalf of the debtor and relating to:
-the reference of the title under which the seizure is
practiced;
-the warning in very apparent character of
the unavailability of seized objects and their placement
in the custody of a third party without being able to be either alienated or
displaced;
-the reproduction of the penal provisions sanctioning the
misappropriation of seized objects.
Article 555: Is punished by imprisonment for one year at most
and a fine of 2,000,000 francs at most, or one
of these two penalties only, whoever is guilty
a breach of the following conditions:
-the reference of the title under which the seizure is
practiced;
-the very apparent mention of unavailability
seized property and its placement in the custody of the
debtor or a third party, by agreement of the parties;
-the reproduction of the penal provisions sanctioning the
misappropriation of seized objects.
any, will have hindered or disturbed, tried to hinder
or disturb the freedom of auctions or
submissions, by assault, violence or threats,
either before or during auctions or tenders,
are punished by imprisonment for up to three months and
a fine of 1,000,000 francs at most, or
one of these two penalties only.
The same penalty is pronounced against those who,
by donations, promises or fraudulent agreements, have ruled out
or attempted to rule out bidders, limited or attempted to
limit bids or bids, as well as against
of thewho will have received these gifts or accepted these promises.
TITLE III: MONEY LAUNDERING
Article 561: Money laundering is the act of
 debtor or a third party, by agreement of the parties;
-the reproduction of the text authorizing the seizure.
Chapter VI: Infringements of the relevant right
organization and harmonization of the accounts of
companies
Article 558: Are punished by imprisonment for one year
at most and a fine of 2,000,000 francs at most,
or one of these two penalties only, the
individual entrepreneurs and social leaders who:
-for each financial year, do not take inventory
and do not prepare the annual financial statements as well as,
where applicable, the management report and the social balance sheet;
- knowingly establish and communicate states
financial institutions that do not present a true picture of the
assets, financial situation and the result of
exercise.
Chapter VII: Infringements of company law
cooperatives
Article 559: Is punished by imprisonment for one year and
a fine of 2,000,000 francs at most, or
one of these two penalties only, any person who,
without being empowered in accordance with the provisions
laws and regulations applicable to this type of
groupings, improperly uses the expressions of
cooperative societies, union of cooperative societies,
federation of cooperative societies or confederation
of cooperative societies, accompanied by a qualifier
unspecified, as well as all the denominations of
to suggest that it is one of the groups mentioned
in this article.
Chapter VIII: Obstacles to the freedom of auctions
Article 560: Those who, in the auctions of the
ownership, usufruct or rental of things
real estate or movable property, a company, a
supply, operation or service
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times the amount of laundered sums, whoever has
intentionally committed one or more of the
acts listed above.
Attempted money laundering or
complicity by aid, advice or incitement is punished
as the relevant offense.
Is punished with the same penalties, participation in
an association or agreement with a view to the commission of
money laundering facts.
Legal persons governed by private law, de facto or
de facto created, on behalf of or for the benefit of which
the money laundering was committed by one of
their organs or representatives, are punished with
fine at a rate at least equal to three times the fines
specified for natural persons, without prejudice
of the conviction of the latter as perpetrators or
accomplices of the offense.
Article 563: The penalties provided for in the preceding article
are doubled when:
-the money laundering is committed in a way
usual or by using the facilities provided by
the exercise of a professional activity;
-the money laundering is committed in gangs
organized.
Article 564: Shall be punished with the penalties provided for
money laundering offense, any person,
physical or moral, which:
1. disregarded the rules relating to the secrecy of
information collected under the provisions of
this Code, to the prohibition of disclosing them or
communicate outside the cases provided for in the said Code or to
other purposes;
2.destroy, falsify or remove records or documents
the retention of which is provided for by this Code;
3. performs or attempts to perform under a false identity
one of the operations for which the verification of
identity or special surveillance is prescribed
by this Code;
4.having knowledge by reason of their profession,
an investigation for money laundering,
knowingly informed by all means the
persons targeted by the investigation;
5. communicate to the judicial authorities or
officials competent to ascertain infringements
original and subsequent acts or documents that it
knows truncated or wrong.
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its author (s), the latter may nevertheless order the
confiscation of property to which the offense relates.
The decision ordering a confiscation designates
the goods concerned and includes the details
necessary for their identification and location.
The competent court may pronounce the
confiscation of property seized or frozen at the request of the
Public Ministry establishing:
1.that the said property constitutes the proceeds of a crime
or an offense within the meaning of this Code;
2.that the perpetrators of the facts that generated the products
can be prosecuted either because they are unknown,
either because there is a legal impossibility for
prosecution of the facts.
Article 569: Confiscated resources or property are
vested in the State which can allocate them to a fight fund
against organized crime, drug trafficking,
money laundering or terrorist financing. They
remain encumbered to the extent of their actual values
lawfully constituted for the benefit of third parties.
In the event of confiscation pronounced by default, the
confiscated goods are vested in the State. However, if the
jurisdiction, ruling on opposition, acquits the person
pursued, it orders the restitution in value, by
State, confiscated property, unless it is established that
said property is the product of a crime or misdemeanor.
Article 570: Also constitutes an offense and will be
punished by the penalty of five years imprisonment at most
incurred by the manager of the legal person and a
fine equal to five times the sums received, the fact
for any legal person governed by private, de facto or
created, to receive external funding, including
non-tort or non-criminal origin is not
proven, when this operation is not authorized by
the competent authorities.
Any leader of a
legal person under public or private law which receives
massive external financing without justification.
TITLE IV: ILLICIT SPECULATION
Article 571: Are punished by imprisonment of five
years at most and a fine of 100,000,000 francs
more, or only one of these two penalties, all
those who have, directly or through an intermediary,
operated on or attempted to operate the artificial rise or fall
the price of goods or public instruments or
private:
- either by false or slanderous facts sown on purpose
in the public, by offers thrown on the market in the
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If the adulterated or corrupted substance is
harmful to the health of man or animals,
imprisonment will not exceed three years.
Are also punished with the same penalties, those
who knowingly modified the labels and packaging
with the expiry date of foodstuffs, drugs,
drinks and other substances referred to above.
Article 575: Are punished by imprisonment of three
years at most and a fine of 50,000,000 francs
more or only one of these two penalties, those who
without a legitimate reason will be found holders in their
shops, boutiques, warehouses, homes or cars
used in trade, workshops or manufacturing place in
halls, fairs or markets:
- either wrong weights or measures, or other devices
inaccurate for weighing or measuring
merchandise ;
- either foodstuffs used for human consumption or
animals, beverages, agricultural products or
natural, which they knew to be falsified, corrupted or
toxic;
-or products suitable for falsifying
above-mentioned foodstuffs.
Article 576: In all the cases provided for in this title, the
court pronounces the confiscation of the objects of the offense. He
may also order the publication of the judgment
in full or by extract, at the expense of the convicted person,
in the newspapers it designates.
The temporary or permanent closure of
the establishment in which the offense was committed may
be pronounced.
TITLE VI: BREACHES OF THE CONTRACT
READY
Article 577: Anyone who grants a conventional loan
whose effective rate exceeds the rate by more than a quarter
means practiced under the same conditions by
bona fide lenders for credit transactions
involving the same risks as the loan in question,
is sentenced to imprisonment for not more than two years
and a fine of 10,000,000 francs at most, or
one of these two penalties only.
Article 578: Those who have established or kept houses of
loan on pledge or pledge without authorization, or who,
having an authorization, did not keep a register
containing in succession, without any blank or line spacing, the
sums or objects loaned, names, domiciles and
professions of borrowers, nature, quality,
value of the objects pledged are punished with a
imprisonment for not more than five years and a fine of
10,000,000 francs at most or one of these two
penalties only.
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Article 585: The penalties provided for in the preceding articles
will be doubled:
-when the offender is a person
custodian of public authority, a professional
Eaux et Forêt or a person in charge of protection
wildlife and that the offense was committed in
the exercise of its functions;
-when the offender has used violence or
weapon;
-when the commission of the offense caused death or
seriously compromised the health of one or more
people;
-when the commission of the offense has been facilitated by
the use of digital or electronic networks of
communication;
-when the commission of the offense has been facilitated by
the use of aircraft, boats, machines
motorized of any kind;
-when the offense was committed in an organized gang;
-when the offense is committed in a manner
transnational within the meaning of article 583 of this Code.
Article 586: In all the aforementioned cases, the courts
can pronounce the additional penalties provided for
in articles 79 et seq. of this Code.
They are held, under the specified conditions
in Articles 68 et seq. of this Code, to order
confiscation of seized products, installations,
equipment and all movable or immovable property having
served, directly or indirectly, to the commission of
offense as well as any proceeds from
this one, to whatever person they belong to unless
that the owners or possessors do not establish their
sincerity.
Courts must order destruction
seized ivory or, failing that, its provision between
the hands of the competent administrative services.
Article 587: The attempt of one of the offenses referred to above
above is punished as the consummated offense.
Anyone who is guilty of
participation in an association or an agreement
constituted for the purpose of committing one of the offenses
referred to in this title, is exempt from penalty if, having
revealed this association or understanding to the authority
administrative or judicial, it made it possible to avoid
committing the offense or identifying others
people involved.
TITLE II: TRAFFIC IN PRODUCTS
PHARMACEUTICALS
Article 588: Anyone who, without the prior authorization of
competent authorities, holds, offers, transfers, sells,
acquires, buys pharmaceuticals, employs
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pharmaceutical or by a person responsible for
against trafficking in pharmaceutical products or
protection of said products;
-when the pharmaceutical products in question are
counterfeit or falsified products;
-when the offender has used violence or
weapon;
-when the commission of the offense caused death or
seriously compromised the health of one or more
people;
-when the commission of the offense has been facilitated by
the use of digital or electronic networks of
communication;
-when the commission of the offense has been facilitated by
the use of aircraft, boats, machines
motorized of any kind;
-when the offense was committed in an organized gang;
-when the offense was committed in a manner
transnational within the meaning of article 592 of this Code.
Article 595: In all the aforementioned cases, the courts
may pronounce the additional penalties provided for
in article 79 of this Code.
They are required to order the confiscation of
seized products, installations, equipment and all goods
furniture or real estate having served, directly or
indirectly, to the commission of the offense as well as
of all products from it, a few
people they belong to unless the
owners or possessors do not establish their good faith.
Courts must order destruction
of seized pharmaceutical products.
Article 596: The attempt of one of the offenses referred to in
this title is punished as the consummated offense.
Anyone who is guilty of
participation in an association or an agreement
constituted for the purpose of committing one of the offenses
referred to in this title, is exempt from penalty if, having
revealed this association or understanding to the authority
administrative or judicial, it made it possible to avoid
committing the offense or identifying others
people involved.
TITLE III: TRAFFICKING IN NARCOTIC DRUGS
Article 597: Directing or organizing a
grouping for the purpose of transport, detention,
the offer, sale, distribution, marketing,
the illicit acquisition or use of narcotics is punishable
thirty years' imprisonment and a fine
equal to five times the value of the entry.
Article 598: Anyone who organizes, in any capacity whatsoever
either the illicit production or manufacture of
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Anyone who is guilty of
participation in an association or an agreement
constituted for the purpose of committing one of the offenses
referred to in this book, is exempt from penalty if, having
revealed this association or understanding to the authority
administrative or judicial, it made it possible to avoid
committing the offense or identifying others
people involved.
TITLE IV: TRAFFICKING IN MATERIALS
RAW AND OTHER SUBSTANCES
MINERALS
Article 604: Excluding mining activities
artisanal guaranteed by the privilege of nationality,
anyone who, without authorization, exploits, extracts,
markets, offers, acquires, buys or employs, in
view of processing, raw materials or
any other mineral substance classified as
strategic by the texts in force, is punished by fifteen
years of criminal imprisonment and a fine of
100,000,000,000 francs at most.
When the offense at consisted in
importation, production, manufacture or
the illegal exploitation of raw materials or
mineral substances classified as strategic, the
sentence is increased to twenty years of criminal imprisonment and
a fine of 200,000,000,000 francs at most.
Legal persons declared criminally
officials also incur the fine provided for
article 96 of this Code and the penalties
additional provisions provided for in Article 98.
Article 605: Those who, by any fraudulent means, have
facilitated or attempted to facilitate false justification
the origin of the resources or property of the author of
one of the offenses referred to in the above article, or those
who have intentionally provided assistance to any
placement, concealment or
conversion of the proceeds of such an offense, are punished
the penalties provided for in article 604 above.
Article 606: The penalties provided for in this title may
be pronounced even though the various acts which
constitute the elements of the offense have been completed
in different countries.
Article 607: The penalties provided for in this title are
doubled:
-when the offender has used violence
or weapon;
-when the offender is a person
depositary of public authority and that the offense was
committed in the exercise of its functions;
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The conviction constitutes validation of these measures
and allows the definitive registration of collateral.
The decision of dismissal or discharge or
of acquittal automatically carries a raised hand of
ordered measures. It is the same in case
extinction of public action.
Article 612: Accomplices in illicit exploitation
incur the same penalties as the perpetrators of
offenses referred to in this book.
However, any person
which, notwithstanding its participation in an association or
agreement formed to commit one of the
offenses referred to in this book, will have made it possible to avoid
committing the offense or identifying others
people involved, by revealing the association or
agreement to the administrative or judicial authority.
TITLE V: TRAFFICKING IN PLANT SPECIES
Article 613: Anyone, without authorization and outside
cases provided for by law, cultivates, holds, offers, cedes, sells,
acquires, purchases or uses substances, plants or
all other plant species protected, classified or
declared strategic by the texts in force, is punished
imprisonment for ten years and a fine equal to
five times the value of the entry.
Article 614: When the offense consists in the
cultivation, production, manufacture and export
illegal substances, plants protected, classified or
declared strategic by the texts in force, with a view to
their marketing, their domestic use
or private, the guilty are punished by fifteen years of
criminal imprisonment and a fine equal to five times
of the value of the entry.
Article 615: The penalties provided for in article 613 are punished
above, anyone who has:
1.Easy or attempted to facilitate, by any means
fraudulent, false justification, for the benefit of
the offender, the origin of the cash
protected plants, classified or declared strategic
by the texts in force;
2.intentionally provided assistance to any
investment, conversion or
concealment of the product of one of the intended substances
under this title.
Article 616: The penalties provided for in this title will be
pronounced even though one or more of the acts
constituting elements of the offense will have been
performed in one or more different countries.
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BOOK SEVENTH: ON THE PROTECTION OF
THE ENVIRONMENT
TITLE I: OFFENSES RELATING TO
FOREST DOMAIN
Article 621: Is punished by imprisonment for ten years
at most and a fine of 100,000,000 francs at the
more, anyone, without authorization and out of the case
authorized by law:
-makes a false declaration in matters of production
forestry;
- intentionally falsify or counterfeit trademarks or
forestry hammers belonging to either
the forest administration, or to individuals;
-forge or counterfeit logging titles;
-cuts, removes, transports, exploits or markets
accessory species or forest products;
-damage to the environment by improper use
or violation of standards;
- undertakes wood processing activities
harmful to the environment.
For all the offenses referred to in this title,
the courts can pronounce the sentences
additional provisions provided for in Articles 56 to 58 of this
Coded.
They are required, under the conditions specified in
Articles 68 and following of this Code, to order the
confiscation of seized products, installations,
equipment and all movable or immovable property having
served, directly or indirectly, to the commission of
offense as well as any proceeds from
this one, to whatever person they belong to unless
that the owners or possessors do not establish their
sincerity.
TITLE II: OFFENSES RELATING TO
PROTECTED AREAS AND NATIONAL PARKS
Article 622: Anyone, except in cases authorized by the
texts in force, has entered or stayed in a
national park or in any protected area, is punished with
up to ten years' imprisonment and one
fine, the amount of which is fixed by specific texts
in force, when the intrusion or stay has:
- was done for the purpose of poaching within the meaning of the Code of
Water and Forests;
-caused damage to fauna or flora;
- took place despite the authorities' injunctions
competent;
- made by people with hunting weapons
or weapons of war.
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up to ten years' imprisonment and
a fine, the amount of which is fixed by law
individuals in force.
Article 629: The penalties provided for in articles 621, 622,
624 and 625 above are doubled:
-when the offender is a person
depositary of public authority and that the offense will have
was committed in the performance of his duties;
-when the offense is committed by a professional
sector or a person responsible for combating
trafficking in wildlife species protected or classified by
regulatory route;
-when the offender uses violence or
weapon;
-when the commission of the offense caused death or
seriously compromised the health of one or more
people;
-when the commission of the offense has been facilitated by
the use of digital or electronic networks of
communication;
-when the commission of the offense has been facilitated by
the use of aircraft, boats, machines
motorized of any kind;
-when the offense was committed in an organized gang;
-when one or more constituting acts of
the offense will have been committed in one or more
different countries.
Article 630: Those who by any means have
incited to the commission of one of the offenses foreseen
and repressed by this Code, even though this
incitement would not have been followed up, are punished with a
imprisonment for up to five years and a fine
the amount of which is fixed by the specific texts in
force.
Article 631: For all the offenses referred to in
this title, the courts may pronounce the penalties
additional provisions provided for in Articles 56 to 58 of this
Coded.
They are required, under the conditions specified in
Articles 68 and following of this Code, to order the
confiscation of seized products, installations,
equipment and all movable or immovable property having
served, directly or indirectly, to the commission of
offense as well as any proceeds from
this one, to whatever person they belong to unless
that the owners or possessors do not establish their
sincerity.
Courts must order destruction
seized products and, failing that, their delivery to the services
competent administrative staff.
Article 632: The attempt of one of the offenses referred to in
this title is punished as the consummated offense.
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114 OFFICIAL JOURNAL OF THE GABONESE REPUBLIC JULY 17, 2019 - N ° 27 Bis Special
imprisonment at most and a fine of which
amount is fixed by the specific texts in force.
Article 636: Anyone who, without authorization, forms or
immerses an exploitation of marine cultures, a
aquaculture operation or a permanent establishment of
capture, is punishable by imprisonment for five years
plus and a fine, the amount of which is set by the
specific texts in force.
Article 637: The provisions of this Code relating to
to the application of criminal law in space, are
applicable to the offenses provided for in this Title.
Article 638: Captains and commanders of ships,
boats, boats or any other device intended for
fishing, are criminally responsible for offenses
committed on board or with the aid of their ships, boats,
boats, without prejudice to criminal liability
individual of other people on board.
Article 639: For all the offenses referred to in
this title, the courts may pronounce the
additional penalties provided for in Articles 56 and
following sections of this Code. They are held, in
conditions specified in Articles 68 et seq. of
this Code, to order the confiscation of the proceeds
seized, installations, equipment, vessels used
directly or indirectly to the commission of
offense as well as any proceeds from it
this to whatever person they belong to unless
the owners or possessors do not establish their good
faith.
Immobilization of the vessel in the conditions
provided for in this Code may be ordered.
TITLE V: POLLUTION
Article 640: Is punished by imprisonment for ten years
at most and a fine, the amount of which is set by the
specific texts in force, anyone who:
1.pollutes or degrades streams, rivers, rivers,
lakes, lagoons or any other natural aquatic environment, for
discharge, spill or accumulation of residues
industrialists;
2.pollutes or degrades the national maritime space, by
discharge, spill or accumulation of residues
industrialists;
3.pollutes or degrades the national maritime space, by
discharge, spill or accumulation of oil;
4.Causes fish damage to watercourses, canals,
streams, rivers, streams, lakes, lagoons or any other
natural aquatic environment.
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JULY 17, 2019 - N ° 27 Bis Special OFFICIAL JOURNAL OF THE GABONESE REPUBLIC
-when the nuisances are produced by a flow of
drinks or any similar establishment in violation of the
legislative or regulatory provisions of the sector.
Article 645: The additional penalties provided for in
Articles 56 et seq. of this Code, applicable to
natural persons and legal persons, are
incurred for all offenses referred to in this
delivered.
FINAL PROVISIONS
Articles 646: Regulatory texts determine, in
as necessary, provisions of any kind
necessary for the application of this law.
Article 647: This law, which repeals all
previous provisions to the contrary, in particular the law
n ° 21/63 of May 31, 1963 on the Penal Code, will be
recorded, published under the emergency procedure and
enforced as state law.
Done in Libreville, July 05, 2019
By the President of the Republic,
Head of state
Ali BONGO ONDIMBA
The Prime Minister, Head of Government
Julien NKOGHE BEKALE
The Minister of State, Minister of the Interior, of Justice,
Keeper of the Seals
Edgard Anicet MBOUMBOU MIYAKOU
The Minister of Decentralization, Cohesion and
Territory Development
Lambert Noël MATHA
The Minister of the Economy, Finance and
National Solidarities
Roger OWONO MBA
___________________
facilitate, by any means, the false justification of
the origin of the property or income of the perpetrator of a crime
or a crime that has provided him with a direct profit or
indirect.
Also constitutes laundering the fact
to provide support for a placement operation,
concealment or conversion of direct product or
indirect of a felony or misdemeanor.
Laundering consists in particular of a
or more of the actions listed below:
-the conversion or transfer of goods from a
crime or misdemeanor, with the aim of concealing or
disguise the illicit origin of such goods or assist any
person who is involved in the commission of this
crime or misdemeanor to escape legal consequences
of his actions;
-the concealment or disguise of nature, of
origin, location, disposition,
movement or ownership of goods from a
felony or misdemeanor;
- the acquisition, possession or use of property
arising from a felony or misdemeanor;
-participation in one of the acts referred to in this article,
association to commit the said act, attempts to
perpetrate it, aiding, inciting or advising
someone to do it or facilitating its execution.
Knowledge of the origin of the goods or
the intention to commit the aforementioned acts may be
established by any objective circumstance or means of fact.
Proof of the legality of the origin of the goods in
cause rests with the person prosecuted.
Article 562: Without prejudice to the application of
provisions specific to money laundering
planned capital, drug trafficking and terrorism
to this Code, is punished by imprisonment of ten
years at most and a fine of up to five
105
The penalties prescribed for
money laundering offense, violation of
secrecy of information collected under this
Code or relating to the operations mentioned in article
559 above, by officers or agents
of the following financial organizations or entities:
Public Treasuries of the Member States of the Bank of
Central African States, financial organizations,
money changers, managers, owners,
managers of casinos, gambling establishments, notaries
and other members of the legal profession
independent agents, real estate agents,
transport and money transfer, travel agencies,
auditors, accountants,
external auditors, tax advisers,
valuables dealers.
Article 565: Are punished by a fine of 1,000,000,000
of francs at most, the managers and employees of the
manual currency exchange companies, casinos and
gambling establishments that have not complied
the obligations and due diligence incumbent on them in
application of regulatory texts.
Article 566: Persons guilty of one or
several of the offenses specified in the aforementioned articles
can also be condemned to the ban
definitive or for a period of at least five years
to practice the profession on the occasion of which
the offense has been committed.
Article 567: The provisions of this title
still apply the offender
of origin would neither be prosecuted nor convicted, or when
well even there would be missing a condition to act in
justice as a result of the said offense. The perpetrator
of origin may also be prosecuted for the offense
bleaching.
Article 568: In cases of conviction for one
of the offenses provided for above, the jurisdiction
competent authority may order the confiscation of:
1.property which is the subject of the offense, including income
and other benefits derived therefrom, unless their
owner establishes that he acquired them by paying
effectively the fair price or in exchange for services
corresponding to their value or any other lawful title, and
that he was unaware of the illicit origin;
2. property belonging, directly or indirectly, to
a person convicted of money laundering
capital or terrorist financing or its
relatives, spouse, partner, children, unless the
interested parties do not establish the lawful origin or the absence of
link between these assets and the offense.
In the event of an infringement established by the court,
when a conviction cannot be pronounced against
aim to disturb the courts, by overoffers made to the prices
that the sellers themselves ask for, through
or any fraudulent means;
- either by exercising or attempting to exercise, or
individually, either by meeting or coalition, a
action in the market for the purpose of obtaining a gain
which would not be the result of the natural play of supply and
Requirement.
The above penalties may be
doubled if the increase or decrease has been made or attempted
on products used for human nutrition.
TITLE V: COMMERCIAL FRAUD AND
FALSIFICATIONS
Article 572: Is punished by imprisonment for one year at
more and a fine of 100,000,000 francs at most
or one of these two penalties only, whoever has
deceived or attempted to deceive the contractor:
- either on the nature, the substantial qualities, the
composition and content in principle useful of any
merchandise;
- either on their species or their origin when, according to the
convention or uses, the designation of the species or
of origin falsely attributed to the goods is
considered to be the main cause of the sale;
- either on the quantity of things delivered or on their
identity through the delivery of goods other than the
specific thing which was the subject of the contract.
Article 573: Imprisonment is increased to two years if
the offense or attempted offense provided for in the previous article
was committed :
- either using a wrong weight, measure or other instrument
or inaccurate;
-or by means of maneuvers or processes tending to
distort the operations of the analysis or dosage,
weighing or measuring or to modify
fraudulently the composition, weight or volume
goods even before these operations;
- or finally with the help of fraudulent indications tending to
make believe in a previous and exact operation or in a
official control that would not have existed.
Article 574: The penalties provided for in article
570 above:
-those who adulterate foodstuffs
of humans or animals, substances
medicines, beverages and agricultural products
or natural intended for sale;
-those who exhibit, offer for sale or sell
foodstuffs or products referred to in the previous article that they have
tampered with or corrupted.
107
BOOK SIXTH: ON THE REPRESSION OF
CERTAIN TRAFFIC
TITLE I: IVORY TRAFFICKING
Article 579: Anyone who, without the prior authorization of
competent authorities, holds, offers, transfers, sells,
acquires, buys or uses or uses ivory
in any work of art or object whatsoever, is punished
imprisonment for not more than ten years and
fine equal to five times the value of the seizure.
Article 580: When the offense has been committed in
name of a legal person governed by public law or by law
private, or when it has facilitated the import or
the export of ivory for marketing,
authors who acted on their behalf are punished with
up to ten years' imprisonment and one
fine equal to five times the value of the seizure.
In addition, the legal person may be subject to
a conviction to a fine equal to the
five times the value of the seizure, without prejudice to
the application of the provisions of article 98 of this
Coded.
Article 581: Those who, by any fraudulent means, have
facilitated or attempted to facilitate false justification
the origin of the ivory, the author of one of the
offenses mentioned above, or those who intentionally
provided their support to any investment transaction,
conversion, or concealment of ivory, are punished
the penalties provided for in article 579 above.
Article 582: The penalties provided for in articles 579 and 580
of this title are incurred even if one or
several acts constituting elements of the offense
will have been completed in one or more countries
different.
Article 583: Anyone who has provided or helped to provide
to others, by any means, the issuance of documents
administrative convenience to facilitate the purchase,
sale, acquisition, employment, marketing,
transport, import, processing and any other
operation on ivory, is punishable by a
imprisonment for up to ten years and a fine
equal to that incurred by the author.
Article 584: Anyone who knows the character
complacent documents, facilitated transportation,
marketing, import, export,
transformation and all other operations relating to
ivory, is punished with a prison sentence of ten
years at most and a fine equal to that incurred by
the author.
said products or uses them not justified by a
prescription, is punishable by imprisonment of
seven years at most and a fine of a value equal to
five times the value of the entry.
Article 589: When the offense is committed by a
legal person governed by public or private law, or
when this facilitated import or export
of products pharmaceuticals for their
marketing without prior authorization of
competent authorities, the perpetrators are punished with
fine equal to five times the value of the seizure, without
prejudice to the application of additional penalties
provided for in article 98 of this Code.
Article 590: Anyone who, by any fraudulent means, has
facilitated or attempted to facilitate false justification
from the origin of pharmaceutical products to the author of
one of the offenses referred to in Articles 588 and 589 below
on it, or those who intentionally brought their
support for any investment or conversion transaction
or concealment of the proceeds of planned offenses
under this title, is punished by the penalties provided for in article
588 above.
Article 591: The penalties provided for in articles 588 and 589
of this title are pronounced even though one or
several acts constituting elements of the offense
will have been completed in one or more countries
different.
Article 592: Anyone who has provided or helped to provide
to others, by any means, the issuance of documents
administrative convenience to facilitate the purchase,
sale, acquisition, employment, marketing,
transport, importation, the transformation,
supply, distribution of products
pharmaceuticals and all other operations relating to
said products, is punishable by imprisonment
not more than ten years and a fine of 1,000,000,000
francs at most.
Article 593: Anyone who knows the character
complacent documents, facilitated transportation,
marketing, import, export,
processing, supply, distribution of
pharmaceutical products and any other operation
outside the frameworks authorized by law, is punishable by
imprisonment for up to ten years and a fine
of 1,000,000,000 francs at most.
Article 594: The penalties provided for in the preceding articles
are doubled:
-when the offender is a person
depositary of public authority and that the offense was
committed in the exercise of its functions;
- when the offense was committed by a professional
health and any other medical field or
109
narcotics, is punished by twenty years of criminal imprisonment
and a fine of 50,000,000 francs at most.
The penalties are increased to thirty years imprisonment
criminal and to a fine equal to five times the
value of the seizure when the offenses are committed
in an organized band.
Article 599: Anyone who organizes, in any capacity whatsoever
either the illicit import or export of narcotics,
is punished by twenty years imprisonment and a fine equal
five times the value of the entry.
The penalties are increased to thirty years imprisonment
criminal and 200,000,000,000 francs at most
fine when the offenses are committed in
organized gang.
Article 600: Anyone who facilitates, by any means, the
false justification of the origin of the goods or
income of the perpetrator of one of the mentioned offenses
under the present title, or assists in an operation
investment, concealment or conversion of the
product of one of these offenses, is punished by fifteen
years of criminal imprisonment and a fine of
500,000,000 francs at most.
The minimum of the fine pronounced will be equal
one-third of the value of the goods or funds on which
carried money laundering operations.
Article 601: The provisions of this Code relating to
to the security penalty are applicable to offenses
provided for by this title.
Article 602: Constitute narcotic drugs within the meaning of
provisions of this title substances or plants
classified as such by law or regulation.
Article 603: In all cases, natural persons
guilty of the offenses referred to in this Title
also incur additional penalties
provided for in articles 79 et seq. of this Code.
Legal persons declared criminally
officials incur, in addition to the fine provided for by
article 96 of this Code, additional penalties
provided for in Article 98.
Jurisdiction is held, under the conditions
specified in articles 68 et seq. of this Code,
order the confiscation of the seized products,
installations, equipment and all real estate or
furniture having served, directly or indirectly, for
commission of the offense as well as all products
from it, to whatever person they
belong unless the persons or
owners do not establish their good faith.
-when the commission of the offense caused death or
seriously compromised the health of one or more
people;
-when the commission of the offense has been facilitated by
the use of digital or electronic networks of
communication;
-when the commission of the offense has been facilitated by
the use of aircraft, boats, machines
motorized, of whatever nature;
-when the offense was committed in an organized gang.
Article 608: The attempt of one of the offenses foreseen
under this title is punished as the offense
consumed.
It is the same for the association or
conspiracy to commit any of these offenses.
Article 609: In all cases provided for in this title,
jurisdictions can:
1.animpose the penalty of the prohibition of rights
civic, civil and family;
2. pronounce the stay ban;
3. order the withdrawal of the passport;
4.Prohibit the offender and his accomplices
the exercise of the profession during which the
crime has been committed, during a period which cannot
exceed five years.
Article 610: In all cases, the courts are
required to order the confiscation of the seized products.
Are also seized and confiscated, in
conditions specified in Articles 68 et seq. of
this Code, the installations, materials and all goods
furniture and real estate having served, directly or
indirectly, to the commission of the offense, as well as
any product from it, to a few people
that they belong, unless the owners
establish their good faith.
The competent courts may order
confiscation of all or part of the convicted person's property,
whatever the nature, movable or immovable, divided
or undivided.
Article 611: In the event of a charge against one of the
offenses mentioned in this chapter and in order to
guarantee the payment of the fines incurred, the costs of
justice and confiscation, the President of the
First Instance, at the request of the Public Prosecutor, may
order protective measures on the property of the
or persons charged.
111
Article 617: The penalties provided for in articles 613 and 615
are doubled:
-when the offender is a person
depositary of public authority and that the offense will have
was committed in the performance of his duties;
-when the offender has used violence or
weapon;
-when the commission of the offense caused death or
seriously compromised the health of one or more
people;
-when the commission of the offense has been facilitated by
the use of digital or electronic networks of
communication;
-when the commission of the offense has been facilitated by
the use of aircraft, boats, machines
motorized of any kind;
-when the offense was committed in an organized gang;
-when the offense was committed in a manner
transnational within the meaning of article 614.
Article 618: Those who, by any means,
incite the commission of one of the offenses foreseen
and repressed under this title, even though this
incitement has not been acted upon, are punished with a
imprisonment for not more than five years and a fine of
500,000,000 francs at most.
Article 619: For all the offenses referred to in
this title, the courts may pronounce the
additional penalties provided for in Articles 79 and
following sections of this Code.
They are held, under the specified conditions
in Articles 68 et seq. of this Code, to order
confiscation of seized products, installations,
equipment and all movable or immovable property having
served, directly or indirectly, to the commission of
offense as well as any proceeds from
this one, to whatever person they belong to unless
that the owners or possessors do not establish their
sincerity.
Courts must order destruction
seized products, failing which they are made available between
the hands of the competent administrative services.
Article 620: The attempt of one of the offenses referred to in
this title is punished as the consummated offense.
Anyone who is guilty of
participation in an association or an agreement
constituted for the purpose of committing one of the offenses
referred to in this book, is exempt from penalty if, having
revealed this association or understanding to the authority
administrative or judicial, it made it possible to avoid
committing the offense or identifying others
people involved.
The penalty is twenty years of criminal imprisonment
at most and a fine, the amount of which is set by the
specific texts in force, when:
1. the intrusion or stay is accompanied by violence
on people or property;
2.the violence referred to in the previous point caused
the death of one or more people.
TITLE III: OFFENSES RELATING TO
WILDLIFE PROTECTION
Article 623: Is punished by fifteen years imprisonment
criminal at most and a fine in the amount of
fixed by the specific texts in force, anyone,
except in cases authorized by law, a:
1. practiced hunting with weapons other than those
authorized for hunting;
2.hunted using motorized gear or
aircraft;
3.hunted in protected areas, parks
national or any other regulated area.
Article 624: The penalties provided for in this title are
doubled, when hunting or poaching
have:
-caused violence against people;
- caused destruction or damage to property;
-caused lasting damage to the environment.
Article 625: The penalty is twenty years imprisonment
criminal at most, when the violence has caused
the death of one or more people.
Article 626: The penalty is also twenty years of
criminal imprisonment at most when illegal hunting or
poaching is carried out by an organized gang.
Article 627: Anyone who unlawfully provides or
contributes to providing to others by any means, the deliverance
administrative acts of convenience to facilitate the
capture, slaughter, purchase, sale, acquisition,
employment, the marketing, the transport,
import, transformation and any other operation
relating to protected or classified wildlife species
by regulation, is punishable by a penalty
imprisonment for not more than five years and a fine
the amount of which is fixed by the specific texts in
force.
Article 628: Anyone who knows the character
accommodating documents, facilitates transport,
marketing and export of wildlife
protected or classified by regulation, is punished
113
TITLE IV: ILLEGAL EXPLOITATION OF
HALIEUTICS RESOURCES
Article 633: Anyone, except in cases authorized by the
texts in force, practices fishing, exploits, sells,
stores, transports, exhibits or purchases products from the
fishing or marine agriculture is punished:
1.with imprisonment for not more than five years and
fine, the amount of which is fixed by law
particulars in force when these acts apply to
a species subject to quota and authorization;
2. imprisonment for not more than ten years and
fine, the amount of which is fixed by law
particulars in force when these acts are carried out
in prohibited areas, depths or periods;
3.with imprisonment for not more than ten years and
fine, the amount of which is fixed by law
in force when the perpetrators of these acts
are opposed to the intervention and control of agents
powers of the competent administrations;
4.Ten years' imprisonment and a fine
the amount of which is fixed by the specific texts in
force when these acts are perpetrated with devices,
prohibited devices, means of detection, instruments or
prohibited.
The penalties are doubled when the
offenses are:
1. committed in an organized gang;
2. committed with violence against people.
When the violence referred to in the above paragraph
have resulted in the death or permanent disability of the
of the victims, the sentence will be twenty years imprisonment
criminal at most.
Article 634: Anyone, except in cases authorized by law,
disembark, tranship or
transfer of sea and river fishing products,
lagoon or lake in prohibited areas or in
violation of the law or regulations, is punished with
imprisonment for up to ten years and a fine
the amount of which is fixed by the specific texts in
force.
Article 635: Anyone on board a ship or any
other craft intended or used for fishing,
holds explosives, firearms, substances
soporific or toxic likely to destroy or alter
marine, fluvial and lagoon species, plants
marine, streams, rivers, streams, lakes, lagoons or
any other aquatic environment, is punished by ten years
The penalties are increased to fifteen years imprisonment
criminal and to a fine, the amount of which is set by
the specific texts in force, when pollution or
the degradation was caused by original products
nuclear or heavy metals.
Article 641: Whoever throws, pours or leaves
flow into surface water, groundwater or
sea ​waters within the limits of territorial waters,
directly or indirectly, one or more
any substances, the action or reactions of which
have, even temporarily, caused harmful effects
on health or damage to flora or fauna, is
punishable by imprisonment for up to ten years and
a fine, the amount of which is fixed by law
individuals in force.
Article 642: Whoever lets flow, spills or throws
substances, objects or waste on the public highway
likely to affect health and safety
public or to inconvenience the public, is punished with
imprisonment for not more than two years and a fine of
10,000,000 francs at most.
The penalty is increased to five years' imprisonment
at most and 20,000,000 francs fine at most
when the perpetrator (s) persist despite a
injunction of the competent administrative authority.
Article 643: Whoever, in violation of a decision of the
competent administrative authorities directing him to do so,
refuses to assist with the collection, storage or
the elimination of household waste even though
these represent a threat to the environment
immediate health and the health of local residents, is punished with
imprisonment for up to three months and a fine
of 500,000 francs at most.
TITLE VI: NOISE NUISANCES
Article 644: Anyone, in a public or private place,
directly or through a person, a
thing in his care or an animal placed under his
responsibility, is the source of noise other than those
pertaining to a specific authorized activity or a
industrial production or operation unit,
commercial or artisanal, by nature, by its duration, its
repetition, or its intensity, to impair the
neighborhood tranquility or human health, is
punishable by imprisonment for up to three months and one
fine of 1,000,000 francs at most.
The penalty may be doubled in the
following cases:
-when noise pollution occurs at night;
-when the perpetrator (s) persist despite a
injunction of the competent administrative authority;
115
-be fair and contradictory;
-preserve the balance of the rights of the parties;
-guarantee the separation of the authorities responsible for
the exercise of public action and the authorities of
judgment.
People prosecuted for the same
offenses and under identical conditions
must be judged according to the same rules.
Article 2: The judicial authority ensures the information and
to guarantee the rights of the parties.
Article 3: Everyone is presumed innocent as long as
that his guilt is not established.
Infringements of the presumption of innocence are
repaired and repressed under the conditions provided for by the
law.
Anyone prosecuted has the right to be
informed of the charges against her and has the right
to be assisted by a defender.
Coercive measures which a person
can be subject are taken by decision of the authority
judicial or under its control. It must, in all cases,
be definitively ruled on the charge (s) of which this
person is subject within the time limits prescribed by the
this Code.
Article 4: The procedure during the investigation and
the investigation is secret, except in cases where the law
otherwise and without prejudice to the rights of the
defense.
Anyone who assists in this procedure
is bound by professional secrecy in the
conditions provided for by law, under penalty of prosecution
judicial.
By way of derogation from the provisions of paragraphs 1 and
2 above, the Public Prosecutor may, up to
opening up of information, disseminating through the press
Law n ° 043/2018 of 05 July 2019 on the Code of
Penal procedure
The National Assembly and the Senate have deliberated
and adopted;
The Constitutional Court declared that it conforms to
the Constitution ;
The President of the Republic, Head of State, has
promulgated the law, the content of which follows:
Book One: General provisions
Title I: Principles and rules
Article 1 st : The criminal proceedings must:
certain objective information and elements taken from the
procedure conducive to the search for truth
or to rectify errors that would spread through
public opinion.
Title II: Public action
Article 5: The object of public action is repression
infringement of criminal law.
Article 6: It is set in motion by the Ministry
Public, any authorized public official, or by any person
physical or moral injury, under the conditions set by
the texts in force.
Article 7: Public action is terminated by: