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five to ten years of imprisonment, if all the money unduly demanded or received or whose
collection was ordered was equal to or higher than 50,000 francs.
The attempted commission of this misdemeanour shall be punished same as the actual commission of the
misdemeanour.
ARTICLE 109: In the cases spelt out in the previous article, a fine, which will not be higher than twice the money
unduly demanded or received, shall levied.
SECTION VII: INTERFERENCE FROM NATURAL PERSONS VESTED WITH PUBLIC
AUTHORITY OR TASKED WITH PUBLIC SERVICE MISSIONS OR GIVEN AN ELECTIVE
OFFICE IN BUSINESS AFFAIRS INCOMPATIBLE WITH THEIR POSITION
PARAGRAPHE I: UNLAWFUL ACQUISITION OF AN
INTEREST:
ARTICLE 110: Any civil servant, pursuant to the terms of this code, who, either openly, through simulated acts, or
through third parties, acquires or receives any interest whatsoever in deeds, arbitration awards, companies or stateowned which at the time of the act he/she was tasked with administering or monitoring, or in a business undertaking
whose payment or liquidation he/she was tasked with, shall be punished with imprisonment of between six months at
least to two years at most and will be ordered to a pay a fine that may not be more than one quarter of the restitutions or
compensations.
Any civil servant tasked on account of his/her position with monitoring or directly auditing a private
company and who, either on holiday, unavailability, retirement destitution or revocation and for a period of five
years as from employment termination, excluding the case of hereditary transfer as concerns assets, takes or
receives a share through work, consultancy or assets in concessions, companies or managements that were
directly under his/her monitoring or auditing, shall be punished with the same term of imprisonment and a fine of
500, 000 francs.
The managers of a concession, firm, and state-owned company who are considered accomplices
shall receive the same penalties.
The convicts may also be suspended from occupying a state position for a period of five years or more.
ARTICLE 111: The fact that a natural person vested with public authority or tasked with a public service
mission or given an elective office takes, receives or keeps directly or indirectly any interest whatsoever in a
firm or an endeavour in which it , at the time of the act, fully or partially , is tasked with monitoring,
administering , liquidating or paying, shall be punished with imprisonment of between six months at least to
two years at most as well as a fine which may not be more than one quarter of the restitutions or
compensation.
PARAGRAPH II: FAVOURITISM
ARTICLE 112: Any natural person vested with public authority, tasked with a public service mission, given an
elected office, working as a representative, administrator or agent of the State, a local government, a state
institution or a state company, a majority-state-owned company, a legal entity under private law acting on behalf
of the state or a legal entity under public law benefiting from its financial support or its backing, as well as any
other person acting on behalf of the above mentioned persons, as well as their accomplices who obtains or
attempts to obtain for another an unjustified advantage through an act that is against the rules of the public
contracts code, with the goal of ensuring free and equal access to the candidates in public contracts, shall be
punished with imprisonment of between two to eighteen months and a fine of between 5,000;000 to 100, 000,
000 francs or only one of these two penalties.
Without prejudice to disciplinary proceedings, the perpetrator may also be banned from performing the
duties that he/she performed during the contract award for a period equal to or lower than three years.
The court seized may order the publication, at the expense of the offender, of all or a copy of its ruling in a
newspaper authorized to carry legal advertisements.
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