SECTION IX: ILLEGAL ARREST AND SEQUESTRATION - HOSTAGE TAKING- KIDNAPPING - SLAVE TRADE- PAWNAGE - BONDAGE - CHILD TRAFFCKING PARAGRAPH 1 : ILLEGAL ARREST ANDSEQUESTRATION - HOSTAGE TAKING ARTICLE 237: The following people who commit the ensuing acts shall be punished with imprisonment of between five to twenty years, and optionally residency prohibition of between one to twenty years: 1° Those who, without the authorisation of public officials and excluding the cases where the law orders the arrest of the accused persons, notably in felonies or flagrante delicto cases, arrest, detain or sequester anybody; 2° Those who, knowingly, provide a space for detention or sequestration. Those found guilty of this crime shall be liable to the death penalty, if those arrested, detained or sequestered were tortured physically. If sequestration was accompanied by violence other than physical, or death threats, the sentence shall be life imprisonment. ARTICLE 238: If a person was arrested, detained or sequestered as a hostage either to prepare or facilitate the commission of a felony or misdemeanour, encourage an escape or ensure the impunity of perpetrators or accomplices to a felony or misdemeanour, or in a location kept secret, to respond to the enforcement of any order, those guilty of this crime shall be punished with life imprisonment. However, the applicable penalty shall imprisonment of between ten to twenty years if the person who was arrested, detained, or sequestered as a hostage in response to the enforcement of an order or condition, is voluntarily released before the fifth full day since the day of the arrest, detention or sequestration without the enforcement of the order or the fulfilment of the condition. Life imprisonment shall be ordered if: a) The arrest was carried out using a fake uniform, a false name or a fake order from a public official. b) If the person arrested, detained or sequestered was threatened with death. The death penalty shall be ordered, if the person arrested, detained or sequestered was tortured physically. ARTICLE 239 : In the cases referred to in articles 237 and 238 herein above, the same penalties applicable to the perpetrators of this detention or sequestration, shall also apply to those who knowingly provided a location for the detention or sequestration. PARAGRAPH Il: KIDNAPPING ARTICLE 240: Whoever uses fraud, violence or threats to kidnap someone from the place where he/she has been placed by those under whose authority he/she has been placed or entrusted, shall be punished with imprisonment of between five to twenty years, and optionally residency prohibition of between one to twelve years. ARTICLE 241 : When the kidnapping, referred to in the previous article, is committed without fraud, violence or threats, or to marry a woman without her consent, the offender shall be punished with imprisonment of between one to five years, and optionally residency prohibition of between five to twenty years. When the kidnapping, referred to in the previous article, is committed without fraud, violence or threats, on a child less than fifteen, the penalty shall be imprisonment of between five to ten years, and optionally residency prohibition of between five to twenty years. 42