ARTICLE 113: Offences relating to the methods for public contract award and the legal threshold for award, shall
be punished with imprisonment of between six months to five years and a fine of between 500,000 to 5,000,000,
without prejudice to compensation for the damage suffered by the contracting authority.
ARTICLE 114: Splitting public contracts shall be a felony.
The persons referred to in article 112, perpetrators or accomplices in the splitting of public contracts shall
be punished with imprisonment of between six months to five years and a fine of between 300,000 to
3,000,000 francs.
ARTICLE 115: The persons referred to in article 112, who in the absence of any waiver, award public
contracts to contractors, suppliers or service providers, excluded from the award of public contracts in
accordance with existing laws and regulations, shall be punished with the penalties provided for in the
previous article.
ARTICLE 116: Civil servants, state agents or any other person tasked with monitoring the execution of a
public contract who, through negligence or fraud, voluntarily does not send periodic reports to the
contracting authority in compliance with the plan for services delivery and eventual lapses by the
contractors, if this causes the contracting authority damage equal to fifty percent of the initial contract
amount, shall be punished with imprisonment of between six months to three years and a fine of between
300,000 to 2,000,000 francs.
However, should the damage be lower than fifty percent, they shall be punished with a fine at least lower
than the amount of the prejudice.
ARTICLE 117: Perpetrators of or accomplices to deliberate inaccuracies committed in justifications for eligibility
for public contracts shall be punished pursuant to articles 102, 103 and 104.
ARTICLE 118: Any other kind of fraud, not clearly spelt out in articles 112, 113,114, 115 and 16 of this code,
intended to obtain or attempt to obtain for another an unjustified advantage through an act that violates the rules
of the public contracts code for ensuring free access and the equality of bidders in public contracts shall be
punished with the penalties provided for in article 112 herein below.
ARTICLE 119: The following persons shall be punished with the provisions of this code that combat
corruption:
1° bidders who use promises, offers or donations in order to be awarded a public contract;
2° persons tasked with the preparation of public contracts and members of the bid-opening and evaluation
commission who solicit or approve offers or promises, solicit or receive donations or gifts in order to undermine free
access and equality between bidders in public contracts.
SECTION VIII: CORRUPTION BY CIVIL SERVANTS
AND THE EMPLOYEES OF PRIVATE COMPANIES
INFLUENCE PEDDLING
ARTICLE 120: Whoever solicits or approves offers or promises, solicits or receives donations or gifts for the
following persons shall be punished with imprisonment of between five to ten years and a fine double the value of
the approved promises or the things received or asked for, without the fine being less than 100,000 francs, if
he/she is any of the following and does any of the accompany acts :
1°A civil servant in the administration or judiciary, whether in the military or a related corps, an assessor in a
trial court, agent or official of a public administration or an administration placed under the control of a state authority,
a citizen tasked with a public service, given an elected office, who performs or abstains from performing an act under
his/her duties or his/her job, whether just or not but not subject to a salary;
2° An arbitrator or an expert appointed by the court or by the parties, who hands down a decision or gives an
opinion that favours or does not favour a party;
3° A doctor, surgeon, dentist or midwife, who falsely attests to or hides the existence of diseases or
deformities or a pregnancy or provides false information on the
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