CHAPTER III - PROSECUTION OF FELONIES AND MISDEMEANOURS COMMITTED
ABROAD
ART 22: Any Malian who, outside the territory of Mali, is guilty of an act considered a felony punishable
by Malian law, may be prosecuted and tried by Malian courts.
Any Malian who, outside the territory of Mali, is guilty of an act considered a misdemeanour
punishable by Malian law, may be prosecuted and tried by Malian courts if the act is punishable under
the law of the state in which it was committed.
The same shall apply if the person charged acquired Malian nationality only after the felony or
misdemeanour was been committed.
However, whether it is a felony or misdemeanour, no prosecution takes place if the person
charged justifies that he/she has already been tried abroad and a final judgement passed, and if
convicted, that he/she has served his/her sentence, that his/her sentence has been time -barred or that
he/she has been officially pardoned.
Any offence, an essential element of which is committed in Mali, shall be deemed to have been
committed within the territory of the Republic of Mali.
In the case of a misdemeanour committed against a Malian or foreign individual, prosecution may
be instituted only pursuant to a motion from the Public Prosecutor. It must be preceded by a complaint
by the injured party or by an official report sent to a Malian authority by the authority of the country
where the offence was committed.
ART 23:
Proceedings shall be initiated pursuant to a motion from the Public Prosecutor of the
place where the defendant resides or of the place where he/she may be found.
Nevertheless, the Supreme Court may, at the request of the Public Prosecutor or the parties,
refer the case to a court nearer the place of commission of the felony or misdemeanour.
ART 24: Any foreign person who, outside the territory of Mali, is guilty of either as a perpetrator
or an accomplice of a crime against the security of the State or forgery of the seal of the State, national
currencies in circulation, national deeds and banknotes authorized by law, may be prosecuted and
judged according to the provisions of Malian laws if he/she is arrested in Mali, or if the Government
obtains his/her extradition.
CHAPTER IV - SANCTIONS FOR OFFENCES COMMITTED DURING COURT
HEARINGS
ART 25: Where, at the hearing or at any other place where a judicial investigation is publicly held, an
attendant or attendants give(s) public signs, whether of approval, or of disapproval, or cause(s) tumult
in any manner whatsoever, the President or the judge shall have him/her/them expelled. If he/she/they
resist his/her orders or if he/she/they return(s), the president or judge shall order for his/her/their arrest
and transportation to the remand prison. A note of this o rder shall be mentioned in the report and on
the document given to the prison guard. The disturbers shall be received and detained there for 24
hours.
ART 26: Where the tumult is accompanied by insults or instances of assault giving rise to the
subsequent application of simple offence penalties, these penalties may be passed from the bench or
immediately after the facts have been established, like those for simple offences, not open to appeal
no matter the court or judge passing them, those for misdemeanou rs, open to appeal if the sentence
has been passed by a court subject to appeal or by a lone judge.
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