VU The Constitution of 15 September 1992;
VU Organic Law No.3/AN/93/3rd L of April 07, 1993 on the organization and functioning of the Supreme Council of the Judiciary;
VU Law No. 59/AN/94 of 05 January 1995 on the Penal Code;
VU Law No. 60/AN/94 of 05 January 1995 on the Code of Criminal Procedure;
VU Law n°46/AN/04/5th L bearing Statute and Organisation of the Directorate of the National Police;
VU Decree No. 79-040/PRE/DEF establishing and organizing the National Gendarmerie;
VU Decree No.2007-0194/PR/DEF establishing National Gendarmerie Units;
VU Order No.2010-0229/PR/MET of 04 December 2010 establishing a civil institution of the Coast Guard;
VU Order No.2012-0096/PE erecting the Documentation and Security Services Directorate in general direction;
VU Decree No. 2011-0066/PRE of 11 May 2011 appointing the Prime Minister;
VU Decree No. 2011-0067/PRE of 12 May 2011 appointing members of the Government;
VU Decree No.2011-0076/PRE of 17 May 2011 establishing the powers of the Ministries;
VU Circular No.260/PAN of 09 December 2012 calling for the National Assembly in public session;

The Council of Ministers heard in its meeting on 09 October 2012.

Article 1: Article 18 of the Code of Criminal Procedure is amended as follows: Judicial police officers are:
1° The gendarmerie officers:
- the graduates of the gendarmerie and the gendarmerie with at least three years of service in the gendarmerie, to which this quality was granted individually by order on a joint proposal by the Minister of Justice and the Minister of National Defence, after technical examination and in accordance with a commission.
2° National police officers:
- sub-officers, graduates and national police officers with at least three years of service in the national police to which this quality was conferred individually by order on a joint proposal by the Minister of Justice and the Minister of the Interior, after technical examination and in accordance with a commission.
3° Officers of the General Directorate of Documentation and Security Services:
- the sub-officers of the General Directorate of Documentation and Security Services with at least three years of service in this institution to which this quality was conferred individually by order on joint proposal of the Minister of Justice and the Presidency, after technical examination and in accordance with a commission.
4° Officers of the Coast Guard Civil Institution:
- graduated officers and Coast Guard officers with at least three years of service in the Coast Guard institution to which this quality was conferred individually by order on a joint proposal by the Minister of Justice and the Minister of Equipment and Transportation, after technical examination and in accordance with a commission.
The above committees are chaired by the Attorney General. Their composition and the terms and conditions of the technical examination will be fixed by order.

Article 2: Officials referred to in the preceding article may not effectively exercise the powers attached to their capacity as a judicial police officer or avail themselves of that capacity only if they are assigned to a job involving that exercise and pursuant to a decision of the Attorney General to authorize them personally.

Article 3: Article 24 of the Code of Criminal Procedure is amended to read: Are judicial police officers:
1° Constables who do not have the capacity of judicial police officer
2° the non-commissioned officers and officers of the National Police who do not have the capacity of judicial police officers;
3° the non-commissioned officers and agents of the Coast Guard who are not officers of the judicial police.

However, the officials mentioned in 1°, 2°, 3° above cannot effectively exercise the powers attached to their capacity as a judicial police officer and avail themselves of this quality only if they are assigned to a job involving this exercise, the exercise of these powers is temporarily suspended during the time they participate, in formed unit, in a law enforcement operation.

In performing their duties, the judicial police officers referred to in the above paragraph are subject to the hierarchy of the judicial police officers to whom they are assigned.

Article 4: All previous provisions contrary to this Act are repealed.

Article 5: This Act will be published in the Official Journal of the Republic of Djibouti upon promulgation.