l.
Pre-trial detention, if any, shall be fully deducted from the duration of the sentence spelt out in the
conviction.
ARTICLE 14: Community service shall be a prison sentence. It shall be intended to promote better
conditions for the rehabilitation, social reinsertion and reformation of the offender.
PART VI: ENFORCEMENT OF PENALTIES
FOR REPEAT OFFENDERS
(Felonies)
ARTICLE 15: Whosoever, has been sentenced for a felony, commits a second felony, shall be receive the
maximum sentenced provided., if this maximum sentence may, for non-life sentences, be doubled.
Repeat Offenders (Felonies and Misdemeanours)
ARTICLE 16: Whosoever, having been sentenced for a felony, commits, within a period of five days following the
expiry of his/her sentence or its prescription, a misdemeanour punishable with imprisonment, shall receive the
maximum sentence provided for and this sentence may be doubled.
Repeat Offenders (Felonies) :
ARTICLE 17: Whosoever, having been sentenced for a misdemeanour, commits, within a period of five years
following the expiry of his/her sentence or its prescription, the same misdemeanour shall receive the maximum
sentence provided for; and this sentence may be doubled.
Under repeat offences, misdemeanours such as theft, fraud, breach of trust, embezzlement as well as
aiding and abetting these misdemeanours shall be considered as the same misdemeanour.
Vagrancy, begging and incitement to begging shall be considered as the same misdemeanour under
repeat offences.
Mitigating Circumstances
ARTICLE 18 : Should a court acknowledge that there exists mitigating circumstances in the offender's case, it
shall sentence as follows:
1° If he/she faces the death penalty, life imprisonment or imprisonment of between five to twenty years;
2° If he/she faces life imprisonment, imprisonment of between five to twenty years or imprisonment of
between two to five year;
3° If he/she faces imprisonment of between five to twenty years or imprisonment of between two to five year;
In the cases provided for in the three preceding paragraphs, residence prohibition may be ordered.
4° If the offender faces imprisonment, the court, when declaring the existence of mitigating circumstances,
even in an instance of repeat offence, may reduce this sentence below eleven days and the fine to 18,000 francs or
to a lesser sum;
5° If he/she faces both imprisonment and a fine, the court may separately hand down either one of these
penalties ;
6° If he/she faces a fine, this may be reduced to penalties for simple offences.
The court may not, in any case, extend the benefits of mitigating circumstances to the perpetrator of a
felony or misdemeanour committed when drunk.
4