It has no effect on civil action or disciplinary action and penalties.
CHAPTER 4: AGGRAVATING CIRCUMSTANCES
Article 106: Circumstances that aggravate the penalty incurred shall be provided for by law.
Except in cases where the law specifically provides for the penalties for felonies or
misdemeanors committed by public officials, those of them who have participated in other
felonies or misdemeanors which they were tasked to investigate or prosecute, shall be punished
as follows:
1° in the case of a misdemeanor, to double of a penalty attached to the type of misdemeanor;
2° in the case of a felony, to an imprisonment of not less than ten years.
Article 107: When the value of the items procured by means of ordinary felonies and
misdemeanors, whether in a single act or in a series of acts in the same prosecution, is equal to or
greater than 25,000,000 and less than 500,000,000 francs, the imprisonment sentence
pronounced shall not be less than:
1° twenty years of imprisonment if it is a felony ;
2° ten years’ imprisonment in the case of a misdemeanor.
When the value of items procured is equal to or greater than the maximum provided for in the
first paragraph, the penalty may not be less than:
1° life imprisonment if it is a felony;
2° twenty years’ imprisonment in the case of a misdemeanor.
Article 108: The aggravating circumstances provided for in this chapter have no bearing on the
classification of the offence and excludes the application of the provisions relating to mitigating
circumstances and suspended sentences.
CHAPTER 5: EXCULPATORY EXCUSES
Article 109: A person who commits an offence under irresistible duress from which it is
impossible to escape is entitled to the exculpatory excuse provided for in article 11.
Duress is assessed taking into account the nature of the offence and its gravity with regard to the
situation of the offender and the victim due to their age, their sex and the balance of power or
dependence existing between them.
Article 110: Submission to the laws, decrees or regulations from the enemy or rebel authority, to
the orders or authorizations given by this authority or by the authorities which depend on it or
have depended on it, can, according to the circumstances of the case, be considered as an
exculpatory excuse.
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