BURKINA FASO REPUBLIC ------------ SEPTIEME PARLIAMENT UNITE-PROGRES-JUSTICE ------------ NATIONAL ASSEMBLY
ACT NO. 044-2019/AN
AMENDMENT OF LAW NO. 025-2018/AN
FROM MAY 31, 2018 TO THE CRIMINAL CODE
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THE NATIONAL ASSEMBLY
Having regard to the Constitution;
In view of resolution No. 001-2015/AN of 30 December 2015
Validation of the Members' mandate;
Deliberated at its meeting on 21 June 2019
And adopted the law with the following content:
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Article 1:
The Penal Code Act No. 025-2018/AN of 31 May 2018 is amended as follows:
As follows:
Instead of:
Article 312-11:
Is punished with a term of imprisonment of one to ten years and a fine
Three hundred thousand (300,000) to two million (2,000,000) CFA francs,
Anyone, in peacetime, knowingly participates in a
The demoralization of the Armed Forces that would interfere with the
National defence.
Read:
Article 312-11:
A term of imprisonment of one year to ten years and a fine
Three hundred thousand (300,000) CFA francs to two million (2,000,000) francs
Who, in peacetime, participates in knowledge of the cause, by
Any means, to a demoralizing the Forces of
Defence and security.
Instead of:
Article 312-13:
The attempt to commit the offences set out in this section is punishable.
Read:
Article 312-13:
Is punished with imprisonment of one year to five years and a fine
One million (1 000 000) CFA francs to ten million (10,000,000) francs
CFA, anyone who intentionally communicates, publishes, discloses or relays
By means of a medium of communication, whatever the medium,
False information to suggest that destruction,
Degradation or deterioration of property or harm to persons a
Was committed or committed.
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False information is any inaccurate allegation or imputation, or
Misleading of a fact.
Article 312-14:
Is punished with imprisonment of one year to five years and a fine
One million (1 000 000) CFA francs to ten million (10,000,000) francs
CFA whoever communicates, publishes, discloses or relays through a
Medium of communication, whatever the medium, of the information
Relating to displacement, geographical position, weapons and means
Defence and security forces at sites, facilities of interest
National or strategic nature of a breach of public order or
Security of persons and property.
Article 312-15:
Is punished with imprisonment of one year to five years and a fine
One million (1 000 000) CFA francs to ten million (10,000,000) francs
CFA, whoever publishes or relays live or in a neighbouring time, by a
Medium of communication, whatever the medium, of the information,
Images or sounds likely to jeopardize the conduct of an operation
Or intervention by the Defence and Security Forces in the event of
Commission of acts of terrorism.
Article 312-16:
Is punished with imprisonment of one year to five years and a fine
One million (1 000 000) CFA francs to ten million (10,000,000) francs
CFA, who publishes or relays without authorization, by any means of
Communication, whatever the medium, of the images or sounds
A scene of a terrorist offence.
Article 312-17:
In the cases provided for in Articles 312-13, 312-14, 312-15 and 312-16 above,
The President may, at the request of the Public Prosecutor's Office or
Who is interested in taking action, and without prejudice to the repair of the
Injury, prescribe any measures for the purpose of stopping the
Dissemination, such as the blocking of a site broadcasting such false information or
The withdrawal of content with false information.
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It may also order the prohibition of access to electronic
Online communication services disseminating false information to the
Public.
Article 312-18:
If the facts described in sections 312-13; 312-14; 312-15 and 312-16
Above is a member of the defence and security forces team
In charge of the investigation or operations, the penalty of imprisonment is
Two years to ten years and the fine of two million (2 000 000) CFA francs to
20 million (20 000 000) CFA francs.
Article 312-19:
An attempt to commit the offences set out in this chapter is punishable.
Article 361-23:
Is punishable by a term of imprisonment of five years to ten years and a sentence
A fine of five million (5 000 000) CFA francs to ten million
(10 000 000) of CFA francs, any person, by any means,
Directly or indirectly, unlawfully and deliberately, provides or
Gathers, manages funds, values or any property for the purpose of
To see them used or knowing that they will be used, in whole or in part, in
View to commit:
(a) an act constituting an offence under this Chapter;
(b) any other act intended to kill or seriously injure a civilian, or
Other person who is not directly involved in hostilities in
A situation of armed conflict, when by its nature or context,
This act is intended to intimidate a population or to compel a
Government or an international organization to be accomplished or
Refrain from doing any act;
(c) any act of supply or meeting of funds knowing that they will be
Used, in whole or in part, by a terrorist organization, by
Individual terrorist or a group of terrorists for all purposes.
The offence is committed even if the funds collected have not been
Effectively used in the commission of the offence.
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The expression " Funds " Includes property of any kind, tangible or
Intangible, movable or immovable property acquired by any means,
And legal documents or instruments in any form,
Including in electronic or digital form, which attest to a right of
Ownership or interest in such property, including bank credits,
Traveller's cheques, bank cheques, money orders, shares, securities,
Bonds, drafts and letters of credit, without this enumeration
Be restrictive.
The confiscation of the funds thus combined shall be pronounced for the benefit of the treasury
Public.
The provisions of this Article shall apply without prejudice to
Provisions of the legislation on combating money laundering
Financing and financing of terrorism.
Instead of:
Article 361-23 former:
For the offences provided for in this Chapter, the court seised may
Cases of conviction, freezing, confiscation of property and
Prohibition of residence or territory.
Read:
Article 361-24:
For the offences provided for in this Chapter, the court seised may
Cases of conviction, freezing, confiscation of property and
Prohibition of residence or territory.
Instead of:
Article 524-6:
A sentence of imprisonment of two months to six months and one
Fine of two hundred and fifty thousand (250,000) CFA francs to one million
(1 000 000) of CFA francs, the public insult committed to individuals,
By speech, call or threat in public places or meetings, by
Written, printed or distributed, sold or exhibited in the premises
Or public meetings by placards or posters exposed to the public,
By any other means of dissemination.
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This Article shall apply to an insult to the memory of a death,
When the author of the injure has intended to harm the honour or
To the consideration of live heirs, spouses or legatees.
Read:
Article 524-6:
A sentence of imprisonment of two months to six months and one
Fine of two hundred and fifty thousand (250,000) CFA francs to one million
(1 000 000) of CFA francs, the public insult committed to individuals,
By speech, call or threat in public places or meetings, by
Written, printed or distributed, sold or exhibited in the premises
Or public meetings by placards or posters displayed in the eyes of the public.
The penalty of imprisonment is one year to five years and the fine of five hundred
Thousand (500 000) CFA francs to two million CFA francs, if
Injure is committed through an electronic means of communication.
This Article shall apply to an insult to the memory of a death,
When the author of the injure has intended to harm the honour or
To the consideration of live heirs, spouses or legatees.
Article 2:
This Law shall be enforced as the law of the State.
Thus done and deliberated in open session
In Ouagadougou, 21 June 2019
The President
Alassane Bala SAKANDE
The Secretary of Session
Mamata TIENDREBEOGO
