The attribution of mitigating circumstances may not, in any case, alter the nature of the offence.
Suspended Sentences
ARTICLE 19 : In the event of a sentence to imprisonment or a fine, courts and tribunals may, if the accused or
person on trail has not been sentenced to prison for a felony or misdemeanour, order, while giving a reason for
this decision, that the enforcement of all or part of the sentence shall be suspended.
Should for a five year period, as from the day the ruling or order is handed down, the offender is not
sentenced, the sentence shall be considered null and void.
Probation
ARTICLE 20: Probation shall apply to prison sentences handed down for felonies or misdemeanours under ordinary
law.
In this case, the court may declare that the sentence will be enforced provisionally.
It shall spell out the probationary period, which may not be less than 3 years, or above 5 years, as well as
the probation-period tasks assigned to the offender.
ARTICLE 21 : When a sentence includes probation, the offender shall be placed under the supervision of the
State Counsel or the district judge with wide powers in the jurisdiction where he/she resides or, if he/she does
not reside in Mali, under the supervision of the State Counsel or the district judge with wide powers in the
jurisdiction where the sentence was handed down.
If the processes required for the enforcement of probationary measures must be served outside the
confines of his/her jurisdiction, the State Counsel or the district judge with wide powers shall task his/her
counterpart with territorial jurisdiction to ensure this is done.
ARTICLE 22: During the probationary period, the offender shall have to comply with all the monitoring and
assistance measures prescribed by the judgement; where appropriate, the magistrate tasked with monitoring
shall order that the offender should be brought before him/her forcefully to be heard immediately; or if the party
concerned is on the run, he/she shall issue a fugitive warrant for the said purpose.
In this instance, he/she may order the offender's temporary detention so that the offender may be
brought before the criminal court to which the case was initially submitted so that a hearing is scheduled at the
court's earliest convenience.
The court shall once again hear the case.
The judge may then rescind the privilege measure and impose on the inconsiderate offender a nonsuspended term of imprisonment or fine.
Joint Liability:
ARTICLE 23: All those sentenced for the same felony or the same misdemeanour shall be jointly liable for restitutions,
damages and costs.
BOOK II: PERSONS PUNISHABLE, PARDONABLE OR
LIABLE FOR FELONIES AND MISDEMEANOURS
Active Complicity:
ARTICLE 24:The following persons shall be punished as accomplices for an act considered a felony or
misdemeanour:
Those who through donations, promises, threats, abuse of authority or power, machinations or deliberate
deception, advise, injunctions, would have caused this act or given instructions, indications, or information, for its
commission ;
Those who procure weapons, instruments, or any other means that would have been used in the
action, knowing that it was to be used for this purpose;
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