Section II - Judicial Police Officers
ART 37 Judicial police officers shall refer to civil servants in active police departments and gendarmes
who do not have the status of judicial police officials.
ART 38 Judicial police officers shall be charged with:
1 ° assisting judicial police officials in the performance of their duties;
2 ° reporting, to their hierarchical superiors, any crime or misdemeanour of which they are
aware;
3 ° establishing, in conformity with the orders of their superiors or the competent legal
authorities, violations of criminal law and gathering all information in order to find the perpetrators of
these offences, all within the framework and in the manner provided for by special laws applicable to
them.
Section III -
Civil Servants and Agents Vested with
Judicial Police Powers
ART 39: Civil servants and agents attached to administrative and public departments, and to whom
special laws grant certain judicial police powers shall exercise these powers under the conditions and
within the limits laid down by this law.
ART 40: In the case of felonies and misdemeanours against the security of the State and only if there
is an emergency, the High Commissioners of regions and the district of Bamako may personally carry
out all necessary acts to ascertain the specified felonies or misdemeanours or request, in writing, the
assistance of the competent judicial police officers to this effect.
They shall forthwith inform the Public Prosecutor of the competent court and within forty -eight
hours of the commencement of operations, transfer the case to this authority by transmitting the
documents to him/her, as well as all the arrested persons, on pain of nullity of the procedure.
Any judicial police officer who has received a requisition in accordance with the provisions of this
article shall be obliged to give notice thereof without delay to the Public Prosecutor of the competent
court.
ART 41: Sworn engineers and technical agents of the water resources and forestry department shall
investigate and report on violations of water resources, forestry, wildlife and fishing regulations.
ART 42: The civil servants and agents referred to in the preceding Article shall also be competent to
establish violations of regulations relating to weaponry. They may seize weapons and ammunition that
are improperly held or used to commit an offence in their jurisdiction.
ART 43: The sworn civil servants and technical agents of the water resources, forestry and wildlife
administration shall guard moved objects to the places where they have been taken, and sequester
them.
They may enter depots, sawmills and construction sites to perform their monitoring duties
therein.
They may enter houses, courtyards and enclosures in uniform and openly, accompanied by a
representative of the police force or the community, who signs or fingerprints the report on the operation
he/she witnessed.
They shall have free access to river quays, railway stations and railway tracks. They may visit all kinds
of trains and boats.
ART 44: They shall bring before a judicial police official any person they find committing a flagrante
delicto misdemeanour, or whose identity they are not sure of.
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