Law n ° 2016-30 of 08 November 2016
Amending Act No. 65-61 of 21 July 1965 on the Code of Criminal Procedure

EXPOSE REASONS
Standards-related measures to effectively combat the phenomenon of terrorism have been taken in the Criminal Code and the Code of Criminal Procedure, with a view, on the one hand, to more effective suppression of terrorist acts and their financing, and To enable the establishment of institutions to prevent acts of terrorism.
With the special acuity of the phenomenon of terrorism in the light of its recent manifestations both internationally and in the subregion, it became necessary to improve certain aspects of the legislation for more Effectiveness of judicial action in combating this form of crime.
As a result, it is envisaged that adjustments may be made to improve the anti-terrorism regime, including:
The strengthening of investigative means with the establishment of a section of specialist terrorism investigators to the Tribunal de Grande Instance in Dakar;
The extension of the time-limit for on-call duty fixed at ninety-six hours renewable twice.
It is also recommended that, in order to combat certain new forms of delinquency more effectively, the powers of the investigating judge and the powers of the judicial police officer in the collection of evidence should be strengthened Offences in relation to cybercrime. This option has been demonstrated, in particular, by the institution of investigative measures using information and communication technologies and by the organisation of methods of intercepting telephone intercepts or by way of transmission Electronic.
In addition, in order to objectively inform the public on current procedures and thus prevent the spread of fragmented or inaccurate information, it is envisaged that the public prosecutor should be empowered to hold press briefings.
In addition, in order to strengthen the rights of the defence, it seemed necessary to admit the presence of the lawyer at the time of the inquiry.
In order to combat overcrowding and long-term detention, it is necessary to establish the permanent holding of hearings of the criminal chambers in place of periodic sessions.
Finally, in order to ensure equal treatment for permanent civil servants involved in the conduct of judicial proceedings, in the event of a crime or a crime committed in the performance of their duties, it is necessary to confer on the clerks, clerks in A privilege of jurisdiction similar to that already enjoyed by the judicial police officers.
This is the economy of this bill

The National Assembly adopted, at its sitting on Friday, 28 October 2016,
The President of the Republic enacts the following legislation:

Article 1. Article 8 (2) and (55) of Law No. 65-61 of 21 July 1965 on the Code of Criminal Procedure are repealed and replaced by the following provisions:
" Article 8 paragraph 2. -However, for the offences provided for in Articles 152 and 153 of the Penal Code and Law No. 2004-09 of 06 February 2004 on the fight against money laundering, the limitation period is seven years from the day on which the fact Offence has been committed."
" Article 55. -If, for the purposes of the investigation, the judicial police officer is required to keep at his disposal one or more persons referred to in Articles 53 and 54, he shall not detain them for more than 24 hours.
If there is a serious and corroborating evidence against a person, the judicial police officer must take him to the public prosecutor or his delegate, without being able to keep him at her disposal more than 48 hours. In the event of a material difficulty relating to the transfer, the Prosecutor of the Republic shall be immediately notified of the conditions and time limit for the transfer.
In both cases, the judicial police officer must immediately inform the prosecutor of the Republic, his delegate or, where appropriate, the President of the court of instance invested with the powers of the prosecutor of the Republic of the measure of which he has The initiative and make the person aware of the reasons for the detention in custody.
When the person kept in custody is a minor between 13 and 18 years of age, the judicial police officer must detain him in a special premises isolated from the major inmates.

The measure of police custody applies under the effective supervision of the public prosecutor, his delegate or, where appropriate, the President of the court of instance vested with the powers of the prosecutor of the Republic.
In all places where it applies, the judicial police officers are required to maintain a register of custody in sight and initialled by the public prosecutor who is present at all requisitions of the judges responsible for the supervision of the measure.
The period provided for in paragraph 2 of this article may be extended by a further period of 48 hours by authorization of the public prosecutor, his delegate or the investigating judge, confirmed in writing.
The time limits provided for in this Article shall be doubled in relation to crimes and offences against the security of the State; they shall also be doubled for all crimes and offences during periods of state of siege, state of emergency or application of Article 52 Of the Constitution without these two causes of doubling up.
In the event of an extension of the police custody, the judicial police officer shall inform the person kept on the grounds of the extension, giving him or her knowledge of the provisions of Article 56 of this Code.
The judicial police officer shall inform the person concerned of his right to appoint counsel from among the lawyers registered in the table or admitted on probation. Reference to this formality is necessarily made on the minutes of the hearing on pain of invalidity.
The appointed lawyer shall be contacted by the person arrested or by any other person designated or absent by the judicial police officer. The lawyer may communicate, including by telephone or any other means of communication, if he or she cannot move as soon as possible, with the person detained under conditions that guarantee the confidentiality of the interview.
If the chosen lawyer cannot be contacted, the judicial police officer shall refer the matter to the minutes of the hearing.
The lawyer is informed by the judicial police officer or, under the supervision of the police officer, by a judicial police officer of the nature of the offence sought.
At the end of the interview, which shall not exceed thirty minutes, the lawyer shall present written observations, if any, which are attached to the proceedings.
The lawyer cannot report this interview to anyone during the life of the police custody.
The prosecutor of the Republic shall, as soon as possible, be informed by the judicial police officer of the diligence carried out in connection with the application of this Article.
Art. 2. -The first title of the second book of Law No. 65-61 of 21 July 1965 on the Code of Criminal Procedure is repealed and replaced by the following title:
" TITLE I. -OF THE ROOM
CRIMINAL OF THE COURT OF FIRST INSTANCE AND THE PROCEDURE FOLLOWED
IN CRIMINAL MATTERS
Chapter I. -Jurisdiction
The criminal court of the court
Large instance
Article 218. -There shall be instituted within each High Court a criminal chamber which has the fullness of jurisdiction to decide first of all the persons referred to it either by an order of the investigating judge or by a judgment of the A charge room for offences classified as crimes and any other related offences.
It is also established, within each Court of Appeal, a criminal court to hear the appeal against the decisions of the criminal chambers of the High Courts.
Chapter II. -The holding of hearings
The criminal court of the court
Large instance
Article 219. -Hearings of the Criminal Division of the High Court at the seat of this Tribunal shall be held.
One or more cases may be entered in the role of a hearing which takes the time required to exhaust that role.
Article 220. -Exceptionally, when the
Circumstances so require, the First President of the Court of Appeal may, by order made at the joint request of the President of the High Court and the Public Prosecutor of the Republic, after the opinion of the Prosecutor General, decide The hearing of the criminal chamber at the seat of an instance court of the jurisdiction.
Article 221. -The hearings of the Criminal Chamber of the High Court are held on a permanent basis.
Article 222. -For the holding of the hearing of the Criminal Division, the role shall be adopted and the date fixed, on the proposal of the Public Prosecutor, by order of the President of the High Court.

Article 223. -The order referred to in Article 222 of this Code shall be brought to the attention of the Court of Instance in all cases where the hearing is held at the seat of that court pursuant to Article 220 of this Code by the counsel of The Republic, at least 15 days before the hearing.
Article 224. -The Public Prosecutor shall notify the accused of the date on which the accused is to appear.
When the accused is not detained, subpoena is issued.
Chapter III. -Composition
The criminal court of the court
Large instance
Article 225. -The Criminal Division comprises the President and two judges exercising their functions within the jurisdiction of the High Court.
Article 226. -The functions of the Public Prosecutor's Office shall be exercised in the criminal chambers under the conditions laid down in Article 31 of this Code.
Article 227. -The Criminal Division is, at the hearing, assisted by a Registrar of the High Court. In case of need, an ad hoc clerk may be called upon. The latter must be sworn in as soon as the hearing is opened and a reference to that formality must be made on each judgment.
First Section. -From the President
Criminal Division
Article 228. -The Criminal Division of the High Court is presided over by the President of the High Court.
Article 229. -In the event of incapacity, the President of the High Court shall be replaced by a Vice-Chairperson or, failing that, by another judge of the court appointed by order of the President of the High Court.
Article 230. -In the event of incapacity during the hearing of the Criminal Division, the President shall be replaced by the Member of the Criminal Division of the highest rank.
Section II. -Other members
Criminal Division
Article 231. -The remaining members of the Criminal Division are two.
Article 232. -He is an assistant to the members of the criminal chamber one or more additional members.
The additional members sit at the hearings. They shall take part in the proceedings only in the event of the incapacity of a full member found by a reasoned order of the President of the Criminal Chamber.
Article 233. -The members of the criminal chamber shall be chosen from among the Vice-Presidents or Judges of the High Court or, failing that, among the judges of the courts of jurisdiction of the jurisdiction of the High Court.
Article 234. -Members shall be appointed by the President of the High Court for the judgment of one or more cases in the role adopted in accordance with the provisions of Article 222 of this Code.
Article 235. -In the event of the incapacity of a member of the criminal chamber before the hearing, he shall be appointed, by order of the President of the High Court, a substitute chosen from among the judges of the seat of the High Court or of the Judges of the courts of jurisdiction of the jurisdiction of the High Court.
Article 236. -In the event of the incapacity of a member of the Criminal Chamber which arose during the course of the hearing, he shall be appointed by order of the President of the High Court, a substitute chosen from among the additional judges.
Article 237. -cannot be part of the criminal chamber, the magistrates who, in the case before the Chamber, have either made an act of prosecution or inquiry or participated in the decision to refer or to a decision on the merits of the case. Guilt of the accused.
Chapter IV. -The preparatory procedure
Hearings of the Criminal Chamber
First Section. -Mandatory acts
Article 238. -As soon as the removal order has become final, the accused, if detained, is transferred to the home where the hearing of the criminal chamber is to be held.
Exhibits are also transported to the Registry of the Court.
The accused who has been released or who has never been detained shall, no later than the day before the hearing, present to the Registry who shall ensure that he or she is represented in court.

The order for the taking of the body shall be carried out, if duly summoned by administrative means to the Registry of the Criminal Division and without any legitimate excuse, the accused shall not appear on the day fixed for questioning by the President of the Chamber Criminal.
The order for the taking of bodies shall also be carried out on a reasoned decision by the President of the Criminal Chamber when he considers that the detention of the accused is necessary. This decision is without appeal.
Article 239. -If the accused cannot be seized or not present, he shall be disposed of in absentia.
Article 240. -If the case is not to be tried at the seat of the High Court the case of proceedings and the evidence shall be forwarded to the Registry of the Court of Instance where the hearing is to be held.
Article 241. -The President, assisted by the Clerk of the Criminal Chamber, shall question the accused as soon as possible after the latter's arrival at the halting house and the transmission of the case and evidence at the Registry of the Court.
If the accused is at liberty, it shall be carried out as referred to in Article 238, paragraphs 4 and 5 of this Code.
The Speaker may delegate one of the members of the House to conduct such an examination.
An interpreter must be used if the accused does not speak or understand the French language.
Article 242. -The President shall question the accused on his or her identity in the presence of his or her counsel or failing to appoint him ex officio after ensuring that the accused has received service of the indictment decision.
Article 243. -The Board may be selected or designated only among lawyers registered at the Bar or admitted to the traineeship.
Lawyers registered with a foreign bar can only be appointed if there is a convention between the Republic of Senegal and the country in which they are practising a convention providing for the right of lawyers in that country to argue before the courts Senegalese.
Article 244. -Debates cannot be opened less than three days after questioning by the president of the criminal chamber. The accused and his counsel may waive this period.
Article 245. -The Board may contact the accused after his or her examination.
It may also communicate all the documents in the case without travel and without the communication being able to cause a delay in the procedure.
Article 246. -the accused and the civil party or their counsel may take or cause to be copied, at their own expense, all documents of the proceedings.
Only one copy of the records of the offence, the written statements of the witnesses and the expert reports shall be issued free of charge to each accused.
Article 247. -The Public Ministry and the civil party shall mean to the accused and the accused to the Public Prosecutor, and, where applicable, to the civil party, at least twenty-four hours before the opening of the proceedings, the list of persons whom they wish to make Quality of witnesses.
The feat must mention the names, names, occupations and residences of these witnesses.
The quotations made at the request of the parties shall be at their own expense as well as the allowances of the witnesses cited if they require them, except for the Public Prosecutor's request, to include the witnesses indicated to him by the accused, in the case in which he judges That their statement can be useful to the manifestation of truth.
Section II. -Own powers
The President of the Criminal Chamber
Article 248. -The President, if the appraisal appears to him to be incomplete or if new elements have been revealed since his closure, may order any acts of information which he considers necessary.
It shall be carried out either by the President or by one of the members of the criminal chamber or a investigating judge whom he delegates for that purpose. In this case, the requirements of Chapters 1 to IX of Title III of the first book of this Code shall be complied with.
Article 249. -The minutes and other documents or documents collected during the supplement shall be filed at the Registry and attached to the record of the proceedings.
They shall be made available to the parties and the public prosecutor who are notified of their deposit by the care of the Registrar of the Criminal Chamber.
The prosecutor of the Republic may, at any time, request communication of the procedure, which is responsible for making the documents within 24 hours.

Article 250. -Where, on the basis of the same crime, several decisions for dismissal have been made against various accused persons, the President may, either ex officio or on requisition of the Public Prosecutor's Office, order the proceedings to be joined.
This junction can also be ordered when several removal orders have been issued against the same accused for different offences.
Article 251. -Where the laying order is for a number of non-related offences, the President may, either ex officio or on the requisition of the Public Prosecutor, order that the accused should be prosecuted only on all or part of the Of offences.
Article 252. Article 10. - The President may, either ex officio or on the requisition of the Public Prosecutor, order the referral to a subsequent hearing of cases which do not appear to him or her to be judged on the date on which they were recorded.
Chapter V.-Debates
First Section. -General provisions
Article 253. -The debates are public, unless advertising is dangerous for public order and morals. In this case, the criminal chamber shall declare it by a judgment delivered in public hearing and order the in camera.
In any case, the President may also prohibit minors or some of them from having access to the hearing room.
Where the closed session has been ordered, it shall apply to the delivery of judgments which may be made in respect of the incidents referred to in Article 261 of this Code.
The judgment on the merits must always be delivered at a public hearing.
Article 254. -The debates, once started, must be continued without interruption until they are closed.
They may be suspended for the time required for the rest of the members of the Criminal Division, witnesses and accused persons.
Article 255. -The president has the police of the audience and the direction of the debates.
It rejects anything that would compromise their dignity or prolong them without giving rise to hope for greater certainty in the results.
Article 256. -The President is vested with a discretionary power under which he can, in his honour and conscience, take any measures he believes are useful for the manifestation of truth.
It may, in the course of the proceedings, subpoena, if necessary by a mandate to bring, and hear any person or have any new documents that appear to it, according to the developments at the hearing, relevant to the event of the Truth.
Witnesses who are so called shall not swear an oath and their statements shall be considered as information only.
Article 257. -Subject to the provisions of Article 255, first paragraph of this Code, the Public Prosecutor may direct questions to the accused and witnesses.
The accused, the civil party or their counsel may ask questions through the President to the accused and witnesses.
Article 258. -The Public Prosecutor shall, in the name of the law, take all the requisitions he deems appropriate. The Criminal Division is obliged to act and to deliberate.
The requisitions of the Public Prosecutor's Office taken in the course of the proceedings shall be mentioned by the Registrar on the hearing register. All decisions to which they have given rise shall be signed by the President and the Registrar.
Article 259. -Where the criminal chamber is not entitled to the requisitions of the Public Prosecutor's Office, the instruction may not be arrested, suspended or deferred.
Article 260. -The accused, the civil party and their counsel may file conclusions on which the criminal chamber is required to rule.
Article 261. -Any dispute shall be settled by the Criminal Division, the Public Prosecutor's Office and the parties or their counsel.
The criminal court seised of the public action shall have jurisdiction to rule on all the exceptions raised by the accused for his defence, unless the law provides otherwise or the accused pleads in rem in immovable property.
These judgments cannot prejudge the substance.
They can only be attacked on the basis of the appeal at the same time as the judgment of the Criminal Division on the merits.

Section. -Appearance
Of the accused
Article 262. -At the hearing, the presence of an advocate with the accused is mandatory.
If the defender chosen or appointed in accordance with Articles 101 and 242 of this Code does not appear, the President shall commit another ex officio.
Article 263. -The accused appears free and only accompanied by custody to prevent him from escaping.
Article 264. -If an accused refuses to present himself to the bar, summons shall be given to him in the name of the law, by a bailiff appointed for that purpose by the President and assisted by the public force; the bailiff shall draw up minutes of the summons and the reply of the accused.
Article 265. -If the accused does not comply with the summons, the President may order that he be brought by force to the criminal court; he may also, after reading at the hearing of the minutes of his resistance, order, notwithstanding his Absence, continuation of the debates.
After each hearing, he is, by the clerk of the criminal chamber, given reading to the accused who did not appear in the minutes of the proceedings, and copies of the requisitions of the Public Prosecutor's Office and of the judgments delivered by the Chamber, all of which are considered contradictory.
Article 266. -When at the hearing a person disturb the order, in any way, the President shall order his expulsion from the Chamber. On the order of the President, it is then forced by the public force to leave the hearing.
If, in the course of the execution of this measure, it resists, in that order or cause of the tumult, it shall, on the scope of the deposit, be tried and punished by imprisonment from two months to two years, without prejudice to the penalties laid down in the Penal Code Against the perpetrators of outrages and violence against the judiciary.
Article 267. -If the public order is disturbed by the accused himself, the provisions of the preceding article shall be applied to him.
The accused, when expelled from the courtroom, shall be kept by the public force, until the end of the proceedings, at the disposal of the criminal chamber. It is, after each hearing, process as referred to in Article 265 (2) of this Code.
Article 268. -In the cases provided for in Article 266 (2) and Article 267 (1) of this Code, the Criminal Division shall proceed without disregarding the immediate judgment of the author of the disorder. It hears the witnesses, the offender and the Board which has chosen or has been appointed ex officio by the President, and after seeing the facts and hearing the Public Prosecutor's Office publicly, it shall apply the penalty in a reasoned decision.
Section III. -Production
And discussion of evidence
Article 269. -Upon the opening of the proceedings, the President shall order the Registrar to read the list of witnesses called by the Public Prosecutor's Office, the accused and, where applicable, the civil party, whose names have been served in accordance with the Article 247 of this Code, without prejudice to the right granted to the President by Article 256 of this Code.
The service bailiff uses these witnesses.
Article 270. -The president orders the witnesses to withdraw to the room that is intended for them. They leave only to lay down. The President shall, if necessary, take all necessary measures to prevent witnesses from concerting before their testimony.
Article 271. -Where a witness quoted does not appear, the criminal chamber may, on the requisition of the Public Prosecutor's Office or even ex officio, order that it be immediately brought before the criminal chamber by the public force to be heard.
If he does not appear, the case is returned when his testimony is necessary for the manifestation of the truth. In the latter case, all costs of summoning, acts, travel of witnesses and others for the purpose of judging the case are, out of the case of a legitimate excuse, to the burden of that witness and he is obliged, even by the body, on the requisition of the Public Prosecutor's Office, by means of a decision referring to the proceedings at the relevant hearing.
In all cases, the witness who fails to appear or refuses to take an oath or to give evidence may, on the requisition of the Public Prosecutor's Office, be sentenced by the Criminal Division to the penalty provided for in Article 97 of this Code.
The opposition path is open to the convicted person who did not appear. The opposition shall be exercised within five days of the service of the decision made to his or her person or domicile. The Criminal Division adjudicates on this objection either during the current hearing or at a subsequent hearing.

Article 272. -The President invited the accused to listen carefully to the reading of the removal order.
He shall order the Registrar to read the downgrade provided for in the preceding paragraph at high and intelligible voice.
Article 273. -The President asks the accused and receives his statements.
It shall also proceed to the hearing of the civil party.
He has a duty not to express his opinion on guilt.
Article 274. -Witnesses called by the Public Prosecutor's Office and the parties shall be heard in the debate, even if they have not filed, or have not been cited, provided that their names have been served in accordance with the requirements of Article 247 of this Code.
Article 275. -The Public Prosecutor's Office and the parties may object to the hearing of a witness whose name would not have been served or would have been duly served on them.
The criminal chamber immediately decides on the opposition. If it is recognized as founded, such witnesses may nevertheless be heard as information under the discretion of the President.
Article 276. -The witnesses shall file each other separately, in the order established by the President.
Witnesses shall, at the request of the President, make known their names, names, age, occupation, domicile or residence, whether they are relatives or allies of the accused, or the civil party, and to what extent. The Chairman still asks them whether they are not attached to the service of either.
Before they begin their testimony, witnesses, on pain of nullity, take the oath to speak without hatred and without fear, to tell the whole truth, nothing but the truth. As a result, witnesses testify orally.
Subject to the provisions of Article 255 of this Code, witnesses shall not be interrupted in their testimony.
Article 277. -After each statement, the President may ask questions to the witnesses.
The Public Prosecutor's Office, the counsel of the accused and the civil party and the non-council civil party shall have the same right under the conditions laid down in Article 257 of this Code.
Article 278. -The President, either ex officio or at the request of the Public Prosecutor's Office or the accused or the civil party, shall indicate by the Registrar to the minutes of the proceedings of the debates of the changes or variations which may exist between the testimony of a witness And its previous statements.
Article 279. -Each witness, after his testimony, remains in the courtroom, if the President does not otherwise order, until the closing of the proceedings.
Article 280. -May not be received under oath of office:
1. The father, the mother or any other ascendant of an accused, as well as a civil party;
2. Any descendant of an accused or civil party, their adoptive children, and the persons of whom they are the guardians;
3. Brothers and sisters;
4. Their allies to the same degree;
5. Of their spouses or wives, even after their divorce;
6. The civil party;
7. Minors below the age of sixteen.
Nevertheless, the sworn examination of the persons referred to above may not result in nullity, where neither the public prosecutor nor any party has objected to the taking of the oath.
In the event of opposition from the Public Prosecutor's Office or one of the parties, the witness may be heard as information under the President's discretion.
Article 281. -The person who, acting under a legal obligation or on his or her own initiative, has brought the facts to the attention of the courts, is received in testimony but the President warns the criminal chamber.
The person whose denunciation is financially rewarded by the law may be heard in testimony, unless there is opposition from one of the parties or the Public Prosecutor's Office.
In such a case, it can only be understood as simple information.
Article 282. -The Public Prosecutor's Office and the civil party and the accused may request, and the President may still order, that a witness temporarily withdraws from the hearing room, after his deposition, to be reintroduced and heard, if necessary After other depositions, with or without confrontation.

Article 283. -The President may, before, during or after the hearing of a witness, remove one or more accused and hear them separately in a few circumstances of the trial; but he is careful not to resume the proceedings until after hearing each Accused of what happened in his absence and what was the result of it.
Article 284. -During the hearing referred to in the preceding Article, members of the Criminal Division and the Public Prosecutor may take note of what they consider important, either in the testimony of witnesses or in the defence of the accused, provided that The debates are not interrupted.
Article 285. -In the course of or as a result of the depositions, the President shall, if necessary, present to the accused or witnesses the exhibits and receive their observations.
The President shall also present, as appropriate, to the members of the Chamber.
Article 286. -If, according to the debates, the testimony of a witness heard under oath appears to be false, the President, either ex officio or on the requisition of the public prosecutor or at the request of one of the parties, may order the witness to be At the end of the proceedings and remain in the courtroom until the judgment of the Criminal Division is pronounced.
In the event of a deliberation, the President may grant a warrant of filing at the hearing against the witness but shall be required to judge it as soon as the judgment is delivered.
The witness is on trial at the close of the proceedings by the criminal chamber if he has not previously retracted.
The President shall be assisted by a Council, if the need is designated by the President.
He may be sentenced to a term of one month to two years' imprisonment and is also stripped of the rights listed in Article 34 of the Criminal Code for up to five years.
Article 287. -The Criminal Division may, by special and reasoned decision, grant a warrant of filing or arrest against the convicted witness; it may, in addition, order the posting of the judgment in any place relevant to the costs of the judgment.
Article 288. -Where the accused, witnesses or one of them do not speak the official language sufficiently or if it is necessary to translate a document made into the proceedings, the President shall appoint an interpreter at least 18 years of age and shall do so Take an oath to faithfully carry out its mission.
The public prosecutor, the accused and the civil party may challenge the interpreter, giving reasons for their recusal. The Criminal Division decides on this recusal and its decision is not subject to appeal.
The interpreter may not, even from the consent of the accused or the public prosecutor, be chosen from among the judges composing the criminal chamber, the clerk of the chamber, the parties and the witnesses.
Article 289. -If the accused is deaf-mute and does not know how to read, the President appoints ex officio, in quality
Interpreter, the person who is most accustomed to convering with him.
The same applies to the witness who is deaf-muet whose testimony is collected under the discretion of the Chairperson.
The other provisions of the preceding Article shall apply.
In the event that the deaf-mute is able to write, the clerk shall write the questions and comments made to him or her; they shall be given to the interested party who gives in writing his replies or statements. It is read by the Registrar at all.
Article 290. -Once the hearing is completed, the civil party or its counsel is heard. The Public Prosecution Service takes its requisitions. The accused and his counsel present their defence.
The reply shall be allowed to the civil and public prosecutors, but the accused or his or her counsel shall always have the floor.
Section IV. -Closure of the debates
Article 291. -After the examination of the accused, the hearing of the civil party and witnesses the requisition of the Public Prosecutor's Office and the pleadings of the Councils, the President shall declare the proceedings completed.
The decision is made either at the hearing itself at which the proceedings took place or at a later date. In the latter case, the President shall inform the parties of the day on which the judgment will be delivered.
Article 292. -If the President intends to hear the case at the hearing even to which the proceedings are held, he shall remove the accused from the hearing room.
He invited the chief of the order department to keep the outcome of the proceedings, in which no one could enter for any cause, without the authorization of the president.
The Chairman declared the hearing suspended.

Chapter VI. -Judgment
First Section. -From the decision
On public action
Article 293. -At the resumption of the hearing, the President shall subpoena the accused and read the decision on conviction, absolution or acquittal. In any event, the legislation to which it is applied shall be read at the hearing by the President; reference shall be made to that reading in the decision.
Article 294. - The criminal court shall declare, either a criminal penalty or a correctional penalty. In the latter case, it may order that the execution of the sentence be suspended.
The Criminal Division also decides on additional penalties.
The Criminal Division delivers the acquittal
Where the offence against the accused does not fall or fall further under the criminal law or when the accused is declared not guilty.
It pronounces its absolution when the accused has an absolute excuse.
If the accused is acquitted, he shall be released immediately if he is not detained for another reason.
Article 295. -In case of conviction or absolution, the judgment condemns the accused to the detriment of the State and pronounces if there is a place on the constraint by body.
In the event of an acquittal of the accused on account of his irresponsibility within the meaning of Article 50 of the Criminal Code, the Criminal Division may, however, order him to pay the costs to the State in whole or in part.
In the case where the conviction does not apply to all offences which have been the subject of the prosecution or intervenor only because of the offences which have been the subject of disqualification, either during the course of the investigation or at the time of the The Criminal Division must, by means of a reasoned provision, discharge the convicted person from the cost of justice which is not a direct result of the infringement, as in the case of certain accused persons. Resulted in the conviction on the merits. The Criminal Division itself shall determine the amount of the costs to be charged to the convicted person, since such costs shall be borne by the State Treasury or the civil party, depending on the circumstances.
In the absence of a decision of the Criminal Division on the application of the preceding paragraph during the hearing to which the decision on public action has been rendered, it shall be decided on that point at a subsequent hearing of the Chamber Even otherwise composed.
Article 296. -No person legally acquitted by a decision in force of res judicas can no longer be taken up or charged for the same facts, even under a different qualification.
Article 297. -Where in the course of the proceedings the charges are raised against the accused on account of other facts and when the Public Prosecutor's Office has made reservations for the purpose of prosecution, the President shall order that the accused acquitted be conducted without delay by force Public, before the prosecutor of the Republic near the court of territorial jurisdiction which is territorially competent, which must immediately request the opening of information.
Article 298. -After making the judgment, the President of the Criminal Chamber shall, where appropriate, notify the accused of the right to appeal and inform him of the time limit for appeal.
Section II. -From the decision
On civil action
Article 299. -After a decision on public action, the Criminal Division shall decide on claims for damages lodged either by the civil party against the accused or by the accused acquitted against the civil party, the parties and the public prosecutor's Office.
The Criminal Division may commit one of its members to consult with any person, hear the parties, read the exhibits and report at the hearing, where the parties can still make representations and where the Department Public is then heard.
Article 300. -The Criminal Division, in the case of acquittal or absolution and, if it is the result of the facts of the case of prevention, a civil fault, a decision on compensation for damage invoked by the civil party pursuant to Articles 16, 71 and 76 of the present Code.
Article 301. -The criminal chamber may ex officio order the return of the objects placed under the hand of justice. However, if there has been a conviction, such restitution shall be made only if the beneficiary justifies the delay of the convicted person without bringing an appeal or appeal in cassation or, if he has so provided, that the case is definitively Judged.
When the decision has become final, the Criminal Division, even otherwise composed, remains competent to order, where appropriate, the return of the objects placed under the hand of justice. It shall act on the request of any person who claims to be entitled to the subject matter or at the request of the Public Prosecutor's Office.
Article 302. -The accused convicted is ordered to pay the costs.

Article 303. -The civil party which has been awarded damages is never ordered to pay the costs. The person who has been unsuccessful is to be ordered to pay the costs only if she herself has put public action in motion. However, even in that case, it may, having regard to the circumstances of the case, be discharged of all or part of those costs, by special and reasoned decision of the Criminal Chamber.
Section III. -Other mentions
And retention of the decision
Article 304. -The minutes of the decisions of the Criminal Chamber shall be signed by the President and the Registrar.
Such decisions shall refer to the presence of the Public Prosecutor's Office.
Article 305. -The minutes of the decisions handed down by the Criminal Division are brought together and lodged at the Registry of the High Court.
Article 306. -The Criminal Division shall have jurisdiction to rule on all difficulties relating to the enforcement of decisions rendered on the basis of the request of the party concerned.
Chapter VII. -Contumaces
Article 307. -Non-detained defendants, if they do not comply with the citation provided for in article 257 of this Code, shall be tried in absentia by the Criminal Division.
If they are constituted or have come to be arrested before the limitation periods, the judgment of the conviction shall be completely destroyed and the ordinary form shall be redone unless the contumax expressly declares, within a time limit Ten days, acquiesce in the conviction.
Article 308. -No counsel may present themselves for the defence of the accused contumax. However, if the accused is absolutely unable to refer to the quotation, his parents, friends and counsel may offer his or her excuse.
If the criminal chamber finds a legitimate excuse, it orders that the accused be suspended.
Article 309. -In the case referred to in the preceding Article, the decision to refer to the Criminal Division and the feat of citation shall be read out.
After this reading, the Criminal Division, on the requisitions of the Public Prosecutor's Office, decides in absentia.
If all the formalities have been completed on a regular basis, the criminal chamber decides on the charge. It then decides on civilian interests.
Article 310. -If the contumax is convicted, its property, if it is not forfeited, shall be placed in receivership and the escrow account shall be returned to it after the conviction has become irrevocable by the expiry of the time limit To serve in absentia or the acquiescence of the convicted person.
Article 311. -Excerpt from the decision of conviction shall, in the shortest possible time, be inserted in one of the newspapers of the Republic.
It shall also be displayed at the door of the last domicile of the sentenced person, at the door of the town hall of its municipality or at the door of the offices of its district or the district where the crime was committed and in the bulletin board of the court of mass Instance.
Such an excerpt is addressed to the representative of the domain service of the contumax.
Article 312. -From the performance of the publicity measures prescribed by the preceding article, the convicted person shall be struck by all the disqualifications provided for in the law.
Article 313. -The call is not open to contumax.
Article 314. -In no case shall the absentia of an accused suspend or delay in full the instruction in respect of his co-accused present.
The Criminal Division may order, after the judgment of the latter, the remission of the effects filed at the Registry as exhibits when they are claimed by the owners or assigns. It may also order it only to represent them if there is a place.
This remission is preceded by a record of description prepared by the Registrar.
Article 315. -Where the goods are placed in receivership in accordance with Article 359 of this Code, aid may be granted to the woman, the children, to the ascendants of the contumax if they are in need.
It shall be decided by order of the President of the High Court for the domicile of the contumax after the opinion of the representative of the estates.
Article 316. -If the contumax becomes a prisoner or if he is arrested before the sentence is extinguished by prescription, the decision and the procedures
Subsequently has been completely destroyed, and it is carried out in the ordinary form. Where the decision on conviction in absentia has given the State a forfeiture, the measures taken to ensure the execution of the sentence shall remain valid. If the decision following the representation of the contumax does not maintain the penalty of confiscation, the person concerned shall be returned to the net proceeds of the realization of the property disposed of and, in the State in which they are located, property not Liquidated.

The receiver shall be held until the costs, costs and damages awarded to the convicted person are settled.
Article 317. -In the case provided for in the preceding Article, if, for any reason, witnesses may not be heard in the proceedings, their written statements and, if necessary, the written replies of the other accused of the same crime shall be read at the hearing ; the same is true of all the other documents which are considered by the President to be useful in the manifestation of the truth.
Article 318. -The contumax which, after having presented itself in order to be tried, obtains its dismissal from the accusation, is condemned to the costs incurred in absentia unless it is waived by the criminal chamber.
The Criminal Division may also order that the publicity measures prescribed by section 344 of this Code apply to any court decision made to the benefit of the contumax.
Chapter VIII. -Appeal of decisions
Criminal Division
First Section. -General provisions
Article 319. -Decisions of the Criminal Division of the High Court may be appealed.
This appeal is brought before the criminal court of the territorially competent court of appeal.
The Criminal Division of the Court of Appeal shall be presided over by the First President of the Court of Appeal or by a presiding officer appointed by the Court of Appeal and shall comprise two other full members and two additional members,
Article 320. -Subject to the special provisions of the first instance, the hearing before this Chamber shall be held in accordance with the same rules as at first instance.
Article 321. -The right to appeal is:
1. To the accused;
2. The Public Prosecutor's Office;
3. The civilly responsible person, in relation to his or her civil interests;
4. In civil matters, in respect of its civil interests;
5. In the case of an appeal by the Public Prosecutor's Office; to the public authorities, in the event that they exercise public action.
The criminal chamber in appeal on public action cannot, on the sole appeal of the accused, aggravate the fate of the accused.
The order for the taking of bodies, carried out, continues to have effect against the person sentenced to deprivation of liberty.
Article 322. -The criminal chamber of the Court of Appeal ruling on civil action cannot, on the sole appeal of the accused, civil liability or the civil party, aggravate the appellant's fate.
The civil party cannot, on appeal, form a new application. However, it may request an increase in damages for the damage suffered since the first decision on civil action. The victim who is a civil person in the first instance may exercise before the Chamber
Of the Court of Appeal the rights granted to the civil party until the closure of the proceedings.
Article 323. -Where the criminal court of the High Court, ruling in the first instance on the civil action has ordered the provisional payment of all or part of the damages awarded, this provisional execution may be terminated in question An appeal by the First President of the Court, acting in an interim order, if it is in danger of having manifestly excessive consequences. The First President may make the suspension of the provisional execution subject to the establishment of a guarantee of a real or personal nature sufficient to satisfy any possible refunds or reparations.
Where the provisional execution has been refused by the criminal court of the High Court ruling on the civil action or when the execution
Has not been requested or if the having been the Criminal Division has failed to rule, it may be granted in the event of an appeal by the First President of the Court ruling in interim.
For the purposes of the provisions of this Article, the First President of the Court of Appeal shall be competent in the jurisdiction of the competent criminal chamber.
Section II. -Time and form
Of the call
Article 324. -The appeal shall be lodged within 15 days of the judgment being pronounced.
However, the time limit shall be limited to the meaning of the judgment, whatever the mode, for the party who was not present or represented at the hearing where the judgment was delivered.
Article 325. -In the event of an appeal by a party within the time limit above, the other parties shall have an additional period of five days to appeal.
Article 326. -The declaration of appeal must be made to the Registry of the High Court where the contested decision was rendered.
It must be signed by the Registrar and by the appellant himself, by a lawyer or by a special authority; in the latter case, the power of attorney shall be annexed to the act prepared by the Registrar. If the appellant is unable to sign, it is referred to by the Registrar.

It shall be entered on a register for that purpose and any party shall have the right to have a copy thereof.
Article 327. -Where the appellant is detained, the appeal may be brought by way of a statement to the Director of the prison establishment.
This declaration shall be recorded, dated and signed by the Director of the prison establishment.
It is also signed by the appellant. If he or she cannot sign, it shall be mentioned by the director of the institution.
It shall be transcribed on the register intended for that purpose.
It shall be sent without delay, either in original or in a copy, to the Registry of the High Court which made the contested decision.
Section III. -From transmission
Of folder
Article 328. -As soon as the appeal is registered, the Public Prosecutor's Office shall, without delay, send to the Registry of the Court of Appeal the file of proceedings and exhibits.
Article 329. -The procedure before the Criminal Chamber of the Court of Appeal shall be the procedure applicable before the Criminal Division of the High Court.
Article 330. -Judgments by the Criminal Division of the Court of Appeal may be appealed in cassation in the form and time limit laid down by the Organic Law on the Supreme Court.
Article 331. -After having delivered the judgment of the Criminal Chamber of the Court of Appeal, the President shall, where appropriate, notify the accused of the right to appeal in cassation and shall inform him of the time limit laid down.
Article 3. -Article 55a and Title XVI of Book IV of Law No. 65-61 of 21 July 1965 on the Code of Criminal Procedure, entitled " The procedure for infringements committed by means of information and communication technologies' With sections 677-34 to 677-42, are repealed.
Art. 4. -It is inserted in Article 11 of the Act
No. 65-61 of 21 July 1965 on the Code of Criminal Procedure, paragraph 3 reads as follows:
" However, in order to prevent the spread of fragmented or inaccurate information or to put an end to a disorder of public order, the public prosecutor may, in connection with his hierarchy, make public, by a point of the press, elements Objectives drawn from the procedure without any assessment on the merits of the indicia or charges against the persons involved.
Art. 5. -Litre XV of Book IV of Law No. 65-61 of 21 July 1965 on the Code of Criminal Procedure repealed and replaced by the following title containing Articles 677-24 to 677-31:
" TITLE XV. -THE INVESTIGATION,
POURSUITE, OF INSTRUCTION
AND JUDGMENT IN THE FIGHT AGAINST ACTS OF TERRORISM
AND ACTS ASSIMILES "
" Article 677-24. -The crimes referred to in the first section of chapter I of the first section of the third section of the Penal Code shall be prosecuted, prosecuted and tried in accordance with the rules of the Code of Criminal Procedure, subject to the following provisions.
Article 677-25. -Public action for the crimes defined in the section referred to in the foregoing Article shall be 30 years.
The penalties imposed for the above mentioned crimes are laid down by forty years from the date the decision became final.
Article 677-26. -Visits and searches as well as the protective or investigative measures provided for in Articles 83 to 88 and 677-34 to 677-39 of this Code may be carried out at any time of day and night, on the authorisation of the court seised, even without The person's consent at the place of residence of the person or of any other person concerned:
If there is a serious risk of missing evidence or evidence;
If there are presumptions that one or more persons, in the premises where the visit or search is to take place, are preparing to commit acts of terrorism.
In the event of a crime or a flagrant offence in relation to terrorism, the judicial police officer, if necessary to extend the police custody, shall inform the person kept on the grounds of the extension by giving him knowledge of the provisions of the Article 56. It shall notify it of the right it has to establish advice among the lawyers registered in the table or admitted to the traineeship. Reference to these formalities shall be made in the minutes of the hearing on pain of invalidity.
Where the investigating judge is not yet seized, the visits, searches, protective measures or investigations referred to in the preceding paragraph may be carried out, on the authorization of the public prosecutor, in the same circumstances And on the same terms.

When the operation is carried out within the jurisdiction of a court of large instance other than the one in Dakar, the seized judge shall immediately notify the public prosecutor of the Republic of the Court of the High Court in Dakar. The latter may refer the matter to the judicial police officer specialised in the fight against acts of terrorism.
Article 677-27. -For the prosecution and investigation of the offences referred to in the section of the Criminal Code referred to in article 677-24 of this Code, an anti-terrorist pool is hereby established at the Tribunal de grande instance de Dakar composed of:
A section of specialized investigators;
A section specialized in the prosecution service;
One or more specialized training firms.
By way of derogation from the provisions of the first paragraph of Article 35 of this Code, the Public Prosecutor of the Republic of Dakar shall be the sole competent authority for the exercise of public action where the offence falls within the Categories referred to in Articles 279-1 to 279-19 of the Penal Code.
Any prosecutor of the Republic seized of facts which may constitute one of the offences falling within the above categories shall, within seventy-two hours of its referral, transmit the case to the Public Prosecutor of the Republic near the High Court Instance of Dakar.
However, when the circumstances so require, any prosecutor of the Republic may carry out all urgent acts, which shall be borne by the prosecutor of the competent Republic.
Article 677-28. -By way of derogation from the provisions of Article 55 of this Code, the period of detention for terrorism shall be ninety-six hours. This period may be extended by two new periods of ninety-six hours each, on the authorisation of the investigating judge or the prosecutor of the Republic if the investigating judge has not yet been seized.
Article 677-29. -By way of derogation from the provisions of Article 43 of this Code, the specialised investigative firm of the Court of First Instance of Dakar shall have sole jurisdiction to conduct the open information against the perpetrators of the offences referred to in the Articles 279-1 to 279-19 of the Penal Code.
Where, in the course of information, the investigating judge of a court other than that of Dakar finds that the facts before him may constitute one of the offences falling within one of the categories referred to in Articles 279-1 to 279-19 of the As a criminal code, it is functus officio, after the advice of the Public Prosecutor, or on the requisition of the Prosecutor, for the benefit of the specialized investigating firm of the Tribunal de Grande Instance in Dakar.
In all cases, it shall notify the person in advance either by registered letter with notice of receipt, or by notification with respect to the record of the proceedings, the accused and the civil party if any, or their counsel.
The order provided for in paragraph 2 of this article, by which the investigating judge divest itself, is transmitted with the file to the prosecutor of the Republic near the Tribunal de grande instance de Dakar and is not subject to appeal.
The Indictments Chamber of the Dakar Court of Appeal is the only investigating court of the second competent jurisdiction for offences falling within one of the categories referred to in Articles 279-1 to 279-19 of the Criminal Code.
Where a charge chamber other than that of the Dakar Court of Appeal finds that the facts before it may constitute one of the offences referred to in the preceding paragraph, it shall order either ex officio after the opinion of the Attorney General, or On the requisition of the latter, the transmission of the case to the Chamber of Instruction of the Court of Appeal of Dakar.
Article 677-30. -The Criminal Division of the Tribunal de grande instance de Dakar, sitting in special training, is the sole competent jurisdiction for the prosecution of crimes falling within one of the categories covered by Articles 279-1 to 279-19 of the Criminal Code and the offences which Are related.
When seized of the offences referred to in the preceding paragraph, the Criminal Division of the Court of First Instance of Dakar shall consist of a President and four Judges appointed by order of the First President of the Court of Appeal of Dakar.
The Criminal Division of the Tribunal de grande instance de Dakar, sitting in special training under the provisions of this Title, shall remain competent even where it is the result of the proceedings that the facts do not fall within one of the Categories covered by Articles 279-1 to 279-19 of the Penal Code.
Where a court other than that referred to in paragraph 1 of this article finds that the facts before it constitute one of the offences provided for in Articles 279-1 to 279-19 of the Criminal Code, it declares that it is incompetent and Refers the public prosecutor's office as he or she will advise. In this case, the titles of detention will continue to produce their effects. If titles of detention had not been awarded, it may, the public prosecutor's office, order the detention of the persons prosecuted.
The appeal against decisions of the Special Criminal Chamber of the High Court is brought before a special criminal chamber of the Court of Appeal of Dakar composed of a President and four advisers appointed by order. Special of the First President.

The appeal shall be made under the conditions laid down in Articles 354 et seq. Of this Code.
Article 677-31. -By way of derogation from the provisions of Articles 9 to 20 of Act No. 71-77 of 28 December 1971 on extradition, the procedure for the examination of extradition requests concerning persons prosecuted or convicted for acts of terrorism, is Followed by the Dakar Court of Appeal.
The time limits for the procedure for examining the extradition request provided for in Articles 18 and 20 of the aforementioned law are doubled in the case of terrorism.
Article 6. - The title of Chapter III of Title III of the first book is amended as follows:
Chapter III. -Transport, searches, protective measures, seizures
And other investigative measures
Art. 7. -Chapter III of Title III of the first book entitled ' Transport, searches, provisional measures and seizures in general, including Articles 83 to 90 of the Code of Criminal Procedure.
It shall be inserted in Chapter III of Title III of the first book a section II so worded as follows:
Section II. -Investigation measures
Using information technology
And communication
Paragraph 1. -Rules applicable
Computer systems and data
Article 90-1. -Measures designed to copy, make inaccessible and remove data stored in a computer system shall be carried out in accordance with the provisions of this paragraph.
The provisions of this Code governing seizures shall apply to acts provided for in the preceding paragraph to the extent that they are consistent with the nature of such acts.
Article 90-2. -When data stored in a computer system or in a medium capable of storing computer data on Senegalese territory, are useful for the manifestation of truth, the investigating judge may conduct a search Or access a computer system or part of it or other computer system, as long as this data is accessible from the initial system or available for the initial system.
If it is established that such data, accessible from the initial system or available for the initial system, are stored in another computer system located outside the national territory, they shall be collected by the investigating judge, Subject to the conditions of access provided for in the international commitments in force.
Article 90-3. - Where the investigating judge orders a search of a computer system or part thereof, that search may be extended to a computer system or part thereof which is in a different place other than Where the search is carried out:
Whether this extension is necessary for the manifestation of the truth;
If other measures appear disproportionate, or if there is a risk that, without this extension, evidence will be lost.
The extension of the search in a computer system may not exceed the computer systems or parts of such systems to which the persons authorized to use the computer system which is the subject of the measure have Specifically access.
With regard to the data collected by the extension of the search in a computer system, which are useful for the same purposes as those provided for in the seizure, the rules laid down in Articles 90-1 and following of this Code Apply. The investigating judge shall inform the person responsible for the computer system, unless his or her identity or address cannot be found.
Article 90-4. -The investigating judge or the judicial police officer acting on judicial delegation may order persons who are presumed to have a particular knowledge of the computer system which is the subject of the search or Services which protect or encrypt data which are stored, processed or transmitted by a computer system, to provide information on the operation of this system and how to access or access data which Are stored, processed or transmitted by such a system in a comprehensible form.
The examining magistrate shall mention the circumstances of the case justifying the measure in a reasoned order which he communicates to the public prosecutor.
Article 90-5. -The investigating judge may order any competent person to operate the computer system or, as the case may be, to search for, make accessible, copy, render inaccessible or withdraw relevant data which is Stored, processed or transmitted by this system, in the form that it has requested. Such persons shall be obliged to act on them, to the extent of their means.
The order referred to in the first paragraph of this Article shall not be made in respect of the accused.

Article 90-6. -Where the investigating judge discovers in a computer system stored data which are useful for the manifestation of the truth, but the seizure of the support does not seem desirable, these data, as well as those necessary for Understand them, are copied to computer storage media under seal. In the event of an emergency or for technical reasons, media may be used which are held by persons authorized to use the computer system.
The investigating judge shall order the use of the appropriate technical means for:
To prevent access to the data referred to in the previous article in the computer system or to copies of such data which are available to persons authorized to use the computer system;
Ensure their integrity.
If the data relating to the offence, whether they constitute the object of the offence, or that they have been the product of the data, are contrary to public order or morality or constitute a danger to the integrity of computer systems or to Data stored, processed or transmitted through such systems, the investigating judge shall order the necessary provisional measures, in particular by designating any qualified person with the task of using all technical means To make these data or their copies inaccessible.
It may, except in the case provided for in the preceding paragraph, permit the subsequent use of all or any part thereof, where this does not endanger the search for evidence.
Article 90-7. -Where the investigating judge orders the measures provided for in the preceding articles, he shall inform the head of the computer system of the research carried out in the computer system and shall inform him of the status of the data which has been copied, Made inaccessible or withdrawn.
Article 90-8. -If the requirements of the information so require, in particular where there is reason to believe that computer data archived in a computer system are particularly susceptible to loss or modification, the investigating judge may Order any person to maintain and protect the integrity of the data in his or her possession or control, for a maximum of two years, for the proper conduct of judicial investigations.
The same rule applies when data that is stored, processed, or transmitted in a computer system is entered with their support.
Article 90-9. -Subject to compliance with the principle of fair evidence, the investigating judge or the judicial police officer may, during investigations, use all necessary technical procedures, software, computer technical programmes The restoration of computer data erased in a computer system and the identification of the offenders.
Article 90-10. -The investigating judge or the judicial police officer on judicial delegation or during the investigation of authorisation and under the supervision of the
Counsel for the Republic may use remote software and install it in the computer system of the respondent in order to gather relevant evidence relevant to the investigation or investigation.
Article 90-11. -If the requirements of the search for evidence so require, the investigating judge, or the judicial police officer in execution of a judicial delegation, may use the appropriate technical means to collect or record in real time, the Data relating to the content of specific communications, transmitted by means of a computer system or oblige a service provider, within the framework of its technical capacity to collect or register, in application of the technical means To provide assistance and assistance to the competent authorities for Collect or record such computer data.
If the requirements of the investigation so require, the judicial police officer may also, carry out the measures provided for in the first paragraph of this article, on authorisation and under the control of the public prosecutor.
Article 90-12. -The investigating judge may also order:
To a person present in the national territory to communicate the specified computer data, in his possession or control, that are stored in a computer system or a computer storage medium;
To a service provider offering services in the territory, to disclose the data in its possession or control relating to subscribers and to such services.
The service provider or data holder referred to above shall be required to keep the secrecy on the implementation of the measures provided for in paragraphs 1 and 4 and on the information relating thereto.

Article 90-13. -Where in the course of an investigation or investigation it appears necessary to prevent the dissemination of images or representations of pornographic minors or of manifestly unlawful content, the judicial police officer, on Authorisation by the public prosecutor or the investigating judge, may notify the provider of access, the electronic addresses of the communication services to the public online broadcasting pornographic representations of minors or of content Manifestly unlawful to which this provider must prevent access without delay.
The President of the High Court, acting in an interim order, may order the measure provided for in the first paragraph of this Article, outside any investigation or inquiry procedure, at the request of the Public Prosecutor's Office or any person Interested.
The competent jurisdiction is that of the residence of the victim or the domicile of the provider of access.
The magistrate seized shall act promptly.
The order of the President of the Court shall be enforceable on a per-minute basis and may be subject to appeal under the conditions of ordinary law.
Article 90-14. -For the purposes of information or investigation or for the purpose of stopping an online disorder, the investigating judge or the judicial police officer on judicial delegation or on authorisation and under the supervision of the public prosecutor May send requisitions:
1 ° to telecommunications operators and service providers or telecommunications networks for the purpose of communicating all relevant information to the investigation;
2 ° to the publishers of content, whether or not hosted abroad, for the purpose of removing or making it impossible to access manifestly unlawful content, in particular child pornography, racist and xenophobic acts, and content that is binding on the Private life.
The President of the High Court, acting in an interim order, may order the measure provided for in the first paragraph of paragraph 1 of this Article, outside any investigation or inquiry procedure, at the request of the Public Prosecutor's Office or any person Interested.
The competent court is that of the residence of the victim or the residence of the publisher.
The magistrate seized shall act promptly.
The order of the President of the Court shall be enforceable on a per-minute basis and may be subject to appeal under the conditions of ordinary law.
Paragraph II. -Intercepts
Telephone or telephone correspondence
By electronic means
Article 90-15. -Intercepts of telephone or electronic correspondence involve the interception, recording and transcription of correspondence issued by the telecommunications route.
Article 90-16. -For the purposes of inquiry, the examining magistrate may prescribe the interception, recording and transcription of correspondence issued by telecommunication in the following cases:
In criminal matters, for a renewable period of four months;
In matters relating to tort, where the minimum penalty is more than or equal to five years' imprisonment, for a term of four months, renewable;
Information for research on the cause of death or disappearance, for a period of two renewable months;
As part of the search for a fugitive, for a period of two months.
The interception decision is written. It must include the elements of identification of the link to be intercepted, the offence which motivates the use of interception and the duration of the interception.
It is not of a judicial nature and is not subject to appeal.
Registration shall be made under the authority of the investigating judge.
Each interception shall be subject to a record of the duration of the interception by specifying the time of the beginning and the end of the recording.
The transcript shall be made in the presence of a judicial police officer under the supervision of the investigating judge.
Such formalities shall be prescribed only for the invalidity of the registration and the transcript.
The recordings are sealed and can be listened to at the request of the accused who would like to confront them with the transcript.
Records are destroyed as soon as the decision is passed in force.
Article 90-17. -The examining magistrate may order persons with a particular knowledge of the telecommunication service who are the subject of a surveillance measure or services which enable the protection or encryption of the data stored, Processed or transmitted by a computer system, to provide information on the operation of this system and on how to access the content of the telecommunication which is or has been transmitted, in a comprehensible form.

It may order such persons to make available the content of the telecommunication, in the form that it has requested; these shall be obliged to act on them, to the extent of their means.
Article 90-18. -The appropriate means are used to:
Ensure the integrity and confidentiality of recorded communications or telecommunications;
To make, to the extent possible, the transcription or translation of recorded communications or telecommunications;
Keep records and their transcription or translation at the Registry;
To record such recordings, transcripts or translations in a special register.
Article 90-19. -Any service provider, provider of access, publisher, other person who has not executed, without lawful reason, the measures ordered, in accordance with the provisions of the
Section, shall be punishable by penalties applicable to the offence of obstruction of justice.
If it is a legal person, it is liable to the penalties laid down in Article 431-63 of the Criminal Code.
Any person who, by reason of his or her function, is aware of the measure or is prepared to do so, is required to keep the secrecy of the measure. Any breach of secrecy shall be punishable by the penalties applicable to the offence of breach of professional secrecy.
Article 8. -It is inserted in Title XI of Book IV of the Act entitled " Crimes and offences committed by certain officials " Article 663 bis reads as follows:
" The provisions of Articles 661 to 663 of this Code shall apply, in accordance with the distinctions provided for, to the Registrars, Chief Clerks and Registry Administrators for the crimes and offences committed in the performance of their duties.
This Law shall be enforced as the law of the State.
Done at Dakar, 28 October 2016.

Macky SALL.

By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE