Last Change:
11/26/2024
Law No 2016/007 of 12 July 2016 relating to the Penal Code
Year: 2016
Type: Domestic law
Rights Category: Health, Liberty & security of person, Social protection
Selected provisions
Section 337: Abortion
(1) Any woman procuring or consenting to her own abortion shall be punished with imprisonment from fifteen days to one year or with fine from five thousand to two hundred thousand francs or with both such imprisonment and fine.
(2) Whoever procures the abortion of a woman, notwithstanding her consent, shall be punished with imprisonment from one to five years and with fine from one hundred thousand to two million francs.
(3) The penalties prescribed by subsection (2) shall be doubled where the offender: (a) engages habitually in abortion; or (b) practices the profession of medicine or an allied profession.
(4) In the circumstances of subsection (3) (b), the court may also order closure of the professional premises and impose a ban on his occupation under sections 34 and 36 of this code.
SECTION 296: Rape
Whoever by force or moral ascendency compels any person, whether above or below the age of puberty, to have sexual Intercourse with him shall be punished with imprisonment for from 5 (five) to 10 (ten) years.
Section n 291: False Arrest
(1) Whoever in any manner deprives another of his liberty shall be punished with imprisonment of 5 (five) to 10 (ten) years and with fine of from CFAF 20 000 (twenty thousand) to CFAC 1 000 000 (one million).
(2) The punishment shall be imprisonment for from 10 (ten) to 20 (twenty) years in any of the following cases:
a) where the deprivation of liberty lasts for more than a month; or
b) where it is accompanied with physical or mental torture; or
c) where the arrests is effected with the aid of a forged order from a public authority or of a uniform unlawfully worn, or pretending appointment not held.
Section 277 -3: Torture
(1) Whoever involuntarily causes death by torture shall be punished with life imprisonment.
(2) the penalty shall be imprisonment for from 10 (ten) to 20 (twenty) years where torture causes a permanent deprivation of the use of all or part of a limb, organ or sense.
(3) The penalty shall be imprisonment for from 5 (five) to 10 (ten) years and with a fine of from CFAF 100 000 (one hundred thousand) to CFAF 1 000 000 (one million) where torture leads to illness or incapability to work of more than 30 (thirty) days.
(4) The penalty shall be imprisonment for from 2 (two) to 5 (five) years and with fine of from CFAF 50 000 (fifty thousand) to CFAF 200 000 (two hundred thousand) where torture leads to illness or incapacity to work of up to 30 (thirty) days or pain or mental or psychological injury.
(5) For the purposes of this section, "torture" shall mean any act by which acute pain or suffering either physical, mental or psychological, is intentionally inflicted to a person by a public servant, a traditional leader or any other person acting in the course of duties either at his own instigation or with his express or implied consent, in other to obtain information or confession from that person or from another, to punish her for an act that she or another person had committed, or is presumed to have committed, to intimidate or overawe her or any other person, or for any other motive based on any discrimination.
The word "torture" as so defined does not apply to pain or suffering resulting from legitimate punishments, inherent to or caused by them.
(6) No exceptional circumstances whatever they are, whether a state of war or threat of war, internal political instability or state of exception, may be invoked to justify torture.
(7) Torture may not be justified by command of a superior or public authority.
(8) the requirements provided in Section 10(1) of this code shall not be applicable to torture.