minister or civil servant, the perpetrators of the forgery and those who knowingly used it shall be punished with a
fixed term of imprisonment, with the application in this case of the maximum penalty always.
ARTICLE 70 : Civil servants in charge of the administrative or judicial police, who refuse or forget to refer a legal
claim related to registering illegal and arbitrary detentions, either in houses meant to hold detainees, any other
place and who do not proof that they reported these detentions to the higher authority, shall be punished with a
sentence of between five to twenty years and be liable for damages, which will be paid in accordance with the
provisions of article 68 herein above.
ARTICLE 71 : Superintendents and officers of correctional facilities who receive a prisoner without a warrant or
ruling or a provisional order from the government, those who keep or refuse to present a prisoner to the judicial
police officer or to his/her authorised representative without providing proof of opposition from the State
Prosecutor or judge ; and those who refuse to show their registers to the judicial police officer, shall be
considered guilty of arbitrary detention and punished with imprisonment of between six months and two years as
well as a fine of between 20, 000 to 240,000 francs.
ARTICLE 72 : Any crime committed by a civil servant in the performance of his/her duties shall be malfeasance
in public office.
ARTICLE 73 :Any act of malfeasance in public office shall be punished with imprisonment of five years at least and ten
years at most, should the case not provide for a lower or higher sentence.
ARTICLE 74: Simple offences shall not be considered instances of malfeasance in
public office by civil servants.
ARTICLE:75: The following shall be guilty of malfeasance in public office and punished with imprisonment of
between five to twenty years: any judicial police officer, public prosecutor or Attorney general, deputy, and judge
who causes, hands down or signs a ruling, ordinance or warrant related to personal prosecution or the
indictment, either of a minister, and a member of the National Assembly, without the formalities or
authorisations prescribed by the law or who does not suspend detention or prosecution as requested by the
National Assembly, or who, excluding flagrante delicto cases, without the same formalities and authorisations,
gives or signs an order or the warrant to arrest one or more ministers or members of the National Assembly.
ARTICLE 76: The following persons shall also be punished with imprisonment of between five to twenty years :
State prosecutors and attorney generals, deputy public prosecutors, judges or public officials who keep or have
individuals kept outside locations determined by the government or the State, or who prosecute a citizen before
an assize court, without formal prior indictment.
CHAPITRE VII: CONSPIRACY BY CIVIL SERVANTS AGAINST THE
CONSTITUTION AND LAWS
ARTICLE 77: In this code, civil servant shall refer to any citizen who, under any name and to any extent
whatsoever, is given a mandate even temporary, remunerated or for free, and whose execution is related to public
order, and who, on this ground, supports the State, State administrations, councils or administrative groups.
Persons chosen by individuals or delegated by the courts as expert, arbitrators or interpreters shall also
be considered civil servants.
ARTICLE 78: Any custodian of authority, by delegation or mutual agreement between them, who agrees on
measures contrary to the Constitution and the laws, shall be punished with imprisonment of between five to twenty
years. Furthermore, the loss of civic rights and a ban on holding any public position may be ordered for a period of
ten years at most.
ARTICLE 79: The sentence shall be between two to five years of imprisonment, and optionally between five to ten
years of residency prohibition, if using one of the means herein above, measures against the enforcement of laws
and government orders were agreed upon.
If this agreement was reached between civilian officials and the military as well as security forces or their
heads, its perpetrators or instigators shall be punished with imprisonment of between five to twenty years and
residency prohibition of between ten to twenty years.
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