Act No. 044-2019/An Amending Act No. 025-2018/An Of 31 May 2018 On The Criminal Code

Original Language Title: LOI N°044-2019/AN PORTANT MODIFICATION DE LA LOI N°025-2018/AN DU 31 MAI 2018 PORTANT CODE PENAL

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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




















2


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:




3


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.


4


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.


5


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.


6


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.


7


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