CHAPITRE 3: GROUNDS FOR CRIMINAL IRRESPONSIBILITY
Section 1: Defense of mental disorder
Article 102: A person, who, at the time of the commission of offence, suffers from a mental
disorder or an abnormal mental delay in his development, such that his will is altered or that he
cannot be aware of the unlawful nature of his act, is not criminally liable.
Section 2: Immunities
Article 103: Only civil damages may be awarded for offenses against property committed:
1° by a spouse to the prejudice of the other, by a widow or widower in respect of things which
had belonged to the deceased spouse ;
2° by a child or other descendant to the prejudice of his father or mother or other ascendants, by
the mother or father or other ascendants to the prejudice of their children or other descendants;
3° by relatives in the above degrees, provided that the offence was committed during the
marriage.
Article 104: Offenses committed by persons enjoying diplomatic immunity, as provided for in
international conventions, shall not give rise to criminal proceedings before the Ivorian courts.
Persons of Ivorian nationality who are members of the staff of an embassy, consulate or
international organization accredited to Côte d’Ivoire shall not invoke this immunity.
Section 3: Amnesty
Article 105: Amnesty puts an end to public prosecution.
It clears all convictions and puts an end to all penalties and security measures, with the exception
of confinement in a health center and confiscation as a police measure.
The amnesty is not applicable to fees if the conviction is final.
It does not entail:
1° neither the restitution of fines and fees already paid nor that of confiscations already executed;
2° neither the reinstatement in public functions nor in employments, ranks, public or ministerial
offices; it does not give the right to career restoration.
3° neither the restitution of decorations nor the reinstatement in National Orders.
Amnesty does not prevent applications for review to establish the innocence of the amnestied
person.
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