CHAPTER 7
PENALTIES APPLICABLE TO LEGAL ENTITIES
SECTION 1
GENERAL PROVISIONS
Article 167: Penalties Imposed on Legal Entities
The specific penalties imposed on a legal entity are:
1. fines, as the principal penalty;
2. additional penalties set out in Article 168 (additional penalties applicable to legal entities).
SECTION 2
ADDITIONAL PENALTIES
Article 168: Additional Penalties Applicable to Legal Entities
The additional penalties applicable to legal entities are the following:
1. dissolution;
2. placement under the judicial surveillance;
3. banning from pursuing one or several activities;
4. expulsion from public market places;
5. prohibition against a public campaign for saving funds;
6. prohibition against issuing exchangeable instruments other than the exchangeable instruments certified by a bank;
7. prohibition against using payable cards;
8. closure of an establishment having served to prepare or to commit the offence;
9. prohibition against operating an establishment opened to the public or utilized by the public;
10. confiscation of instruments, materials or any objects which are used to commit the offence or were intended to commit the offence;
11. confiscation of objects or funds with which the offence was carried out;
12. confiscation of incomes or the properties earned by the offence;
13. confiscation of utensils, materials and the moveable objects at the place where the offence was committed;
14. publication of the decisions on the conviction in the newspapers or the broadcasting by all means of audio-visual communications.
The specific provisions may lay down additional penalties.
Article 169: Conditions for Making Decisions on Additional Penalties
The additional penalties may be pronounced by the court, if they have been specifically provided for charged offences.
Article 170: Dissolution and Liquidation of Legal Entities
The decision that orders the dissolution of a legal entity brings the legal entity to appear before the competent court for liquidation.
Article 171: Placement under the Court Surveillance
The placement under the court surveillance may not exceed 5 (five) years. The decision of placement under the court surveillance entails the designation of a legally authorized agent for whom the court specifies the mission. At least every 6 (six) months, the legally authorized agent informs the prosecutor of the conduct of his/her mission.
After having seen the reports of the legally authorized agent, the prosecutor may refer the matter to the court which has pronounced the placement under judicial surveillance.
The court may then pronounce a new penalty.
The court makes decision during public hearing after listening to comments of the prosecutor representative, legally authorized agent and eventually the lawyer of the legal entity.
Article 172: Prohibition against Pursuing Activities
The prohibition against pursuing an activity may be either definitive or temporary for a period of 5 (five) years at the most.
The court specifies the prohibited activities.
Article 173: Expulsion from Public Market Places
The penalty of expulsion from the public market places entails the banning from direct or indirect participating in all public transactions proposed by:
1. the State;
2. a territorial decentralized collectivity;
3. a public establishment;
4. an enterprise franchised or controlled by the State or by a territorial decentralized collectivity.
The penalty of expulsion may be either definitive or temporary for period of not more than 5 (five) years.
Article 174: Prohibition against a Public Campaign for Saving Funds
The prohibition from a public campaign for saving funds may be either definitive or temporary for a period of not more than 5 (five) years.
The prohibition entails the banning for a legal entity from carrying out a campaign to place its exchangeable instruments at credit, financial institutions or stock exchange companies.
It entails also the banning from any publicity.
Article 175: Prohibition against Issuing Cheques
The prohibition against issuing exchangeable instruments may be either definitive or temporary for a period of not more than 5 (five) years.
The same provision is applied to the issuance of cheques.
Article 176: Closure of an Establishment
The penalty of closing down of an establishment entails the prohibition against operating in this premise the activity during which offence was committed.
The penalty may be either definitive or temporary for a period of not more than 5 (five) years.
Article 177: Prohibition against Operating an Establishment
Prohibition against operating an establishment opened to the public or utilized by the public may be either definitive or temporary for a period of not more than 5 (five) years.
Article 178: Confiscation of Ownership, Selling and Destroying Confiscated Objects
At the time when the confiscation is definitive, the confiscated objects became the property of the State unless the specific provisions provide for different allocation.
The State can proceed on selling or destroying the confiscated objects according to prescribed terms and conditions of selling of the property of the State.
The law can also provide for the destruction of certain objects.
When the confiscated objects was not seized and thereby cannot be handed over, the convicted person must pay the value of that object. This value is determined by the court. For collection measure, it is carried out in the same manner as the physical imprisonment.
Article 179: Confiscation and the Rights of the Third Party
Confiscation can be taken on the following objects:
1. any instruments, materials or objects which have been used to commit the offence or have been intended to commit the offence;
2. objects or funds with which the offence was carried out;
3. incomes or the properties earned by the offence;
4. utensils, materials and the moveable objects at the place where offence was committed.
However, the confiscation cannot be declared if such confiscation affects the right of third party.
Article 180: Posting the Decisions
The penalty of posting the decision is carried out in the designated areas by the court for a period of time set by the court. The posting may not exceed 2 (two) months. The posting may be in full, by means of excerpt or simply by making references thereof. The fees for the posting are the burdens of the convicted legal entity.
In case of removal, concealment or ripping up of the affixed posting, a new posting is conducted. The cost of re-posting is paid by the person who had carried out an act of removal, concealment or ripping up of the affixed posting.
Article 181: Broadcasting of Decision by means of Audio-Visual Communications
The penalty of broadcasting the decision by all means of audio-visual communications is carried out according to the modalities set out by the court. The broadcasting may not exceed 8 (eight) days. The broadcasting may be in full, by means of excerpt or simply by making references thereof. The fees for the broadcasting are the burdens of the convicted legal entity.
Article 182: Application of Provisions Relating to Natural Persons and Legal Entity
The provisions of title 1, title 2 and title 3 of book 1 of this Code relating to the natural persons are applicable to the legal entities to the extent that the provisions are compatible with the provisions of this Title.
