Decree No. 2016/ 319 of 12 JUIL 2016 relating to the regulatory part of the Penal Code to define simple offences
# THE PRESIDENT OF THE REPUBLIC,
Mindful of Mindful of
the Constitution; Law No. 2016/007. of 12 JUIL 2016 relating to the Penal Code,
# HEREBY DECREES AS FOLLOWS:
ARTIcLE 1: This decree relates to the regulatory part of the Penal Code to define simple ARTCLE1007 offences. of 12 JUIL _2016_relating to the Penal Code, Sections 362 to 370 below shall be part and parcel of the Penal Code:
# “Section 362: Classes of Simple Offences
Subject to Section 101 (2) of this Code, there shall be four classes of simple offence punished with the following penalties:
(a) First class: fine of from CFAF 200 (two hundred) to CFAF 1 200 (twelve hundred); (b) Second class: fine of from CFA francs 1 400 (fourteen hundred) to CFA francs 2 400 (two thousand four hundred); (c) Third class: fine of from CFAF 2 600 (two thousand six hundred) to CFAF 3 600 (three thousand six hundred); (d) Fourth class: fine of from CFAF 4 000 (four thousand) to CFAF 25 000 (twentyfive thousand) or imprisonment for from 5 (five) to 10 (ten) days or both such fine and imprisonment.
# Section 363: Subsequent Conviction
In addition to the doubling of the maximum penalty provided for in Section 88 (1) (b) of the Penal Code, the Court may, on conviction for a simple offence of the first, second or third class ater a previous conviction within the meaning of the said Section, pass sentence of imprisonment for from 5 (five) to 10 (ten) days.
# Section 364: Imprisonment in default
- Imprisonment in default shall take place in respect of the payment of fines.
- The term of such imprisonment shall be fixed at 20 (twenty) days for simple offences of the first, second and third classes, and 3 (three) months for simple offences of the fourth class.
# Section 365: Precedence
In cases of insufficient assets, restitution and compensation due to the wronged party shall take precedence over the fine.
# Section 366: Restitution
Judgments awarding restitution, compensation or costs shall entail imprisonment in default and the convicted person shall remain in prison until full payment has been made.
# Section 367: Simple Offences of the First Class
The following persons shall be punished with a fine of from CFAF 200 (two hundred) to CFAF 1 200 (twelve hundred):
1Those who fail to maintain, repair or clean ovens, chimneys or factories in which fire is used. Those who violate the prohibition to let off fireworks in certain places; furthermore, fireworks seized shall be confiscated. 3.Innkeepers and others who, being required to provide lighting, fail to do so and those who cut off lighting which has been provided in the public interest. 4. Those who fail to clean the streets and passage ways in localities where the local residents are responsible for such cleaning.