Criminal law in Ivory Coast

Ivory Coast's criminal-law system applies the principle that an act can be punished only when the law defines it as an offence and provides a penalty. Criminal responsibility is personal: the person who commits an offence, acts jointly with another person or assists the offence may be responsible under the applicable provision. Attempt, recidivism, mitigating or aggravating circumstances and statutory excuses can change the legal assessment or penalty. Companies and other legal persons can be prosecuted where a specific rule permits it. The Constitution protects the presumption of innocence, defence rights, human dignity and the prohibition of torture. It does not provide for the death penalty, which is constitutionally prohibited. The Code pénal classifies offences according to the maximum legal penalty. Crimes belong to the highest category, délits to the intermediate category and contraventions to the lower category. Contraventions can involve imprisonment of up to two months and/or a fine of up to 360,000 FCFA; higher imprisonment or fine ranges can place an offence in the délits category. The exact classification always depends on the article defining the conduct and its maximum penalty. Common areas include offences against life, bodily integrity or liberty, sexual violence and gender-based violence, offences against children, theft, fraud, breach of trust, receiving stolen property, corruption, misappropriation, money laundering, drug offences, terrorism, criminal association, public-order offences, discrimination, international crimes and military offences. The Police nationale and Gendarmerie nationale act as judicial police. They record offences, collect evidence, identify suspected offenders and refer matters to the competent authorities. The Gendarmerie can investigate and report offences within its legal powers. The Ministère public, led by the Procureur de la République or Procureur général according to the level concerned, decides whether to close a report, prosecute or request further judicial measures. A serious or complex economic or financial case may fall within the national competence of the Pôle pénal économique et financier. A matter can begin with a complaint or report by a victim or witness, or with an offence detected by the Police or Gendarmerie. A preliminary investigation applies in ordinary circumstances. A flagrant offence concerns conduct in progress or recently completed with closely connected evidence; in a flagrant crime, the judicial police officer informs the Procureur immediately. Investigators may conduct searches, seizures, interviews and expert examinations under the Code de procédure pénale. Electronic evidence is admissible under the applicable cybercrime rules. A juge d'instruction can order measures such as surveillance or a controlled delivery when the legal conditions are met. Garde à vue is used for investigation, presentation to the Procureur, preservation of evidence, protection of witnesses or victims and prevention of consultation between suspects, escape or further offending. The initial period is generally limited to 48 hours. The Procureur can authorize one 48-hour extension, giving a general maximum of 96 hours, while special regimes can provide different rules. The person must be informed promptly of the measure, its duration or extension and the nature and presumed date of the offence. The person can ask to notify someone who normally lives with them, a parent, friend or employer, although a restriction must be recorded and instructed by the Procureur. A medical examination is available at any time and becomes compulsory when the person or family requests it. The Procureur can end an irregular measure. A suspect remains presumed innocent. Depending on the offence and the possible prison penalty, judicial supervision may replace detention. Conditions can include territorial limits, attendance at summonses, surrender of a passport or driving licence, bans on contact, places or weapons, bail, work-related obligations or medical treatment. Pre-trial detention is permitted only within the framework of the Code de procédure pénale and requires the relevant judicial orders and records. Provisional release can be granted subject to conditions. There is no single detention period that applies to every case; the duration and decision depend on the procedural stage, offence and individual file. The competent criminal court depends on the legal classification. Proceedings can involve a police court, correctional court or criminal court, including criminal sessions for cases requiring them. The public prosecutor represents the interests of society, while the accused can choose a defender or receive an officially appointed defender where the law provides. The accused has rights to defence, contradiction, a hearing and legal remedies. An appeal may be available. The Cour de cassation reviews whether the law was applied correctly; it does not rehear the facts and may reject the appeal, quash the decision or send the case to another court. The 2024 reform shortened the minimum advance notice for the scheduling of criminal sessions from two months to one month. A victim can report the matter to the Police, Gendarmerie or Parquet and can become a partie civile before the criminal court. This procedure can seek compensation for bodily, moral or material harm connected with the offence, while the public prosecution remains separate. Associations may act for individual interests where their statutes and legal conditions allow it. A victim or witness under 16 is heard with a legal representative or a judicial-protection educator. A minor victim can receive an officially appointed lawyer where necessary. Procedural protections and compensation rights are separate questions, so a complaint does not automatically determine the amount or timing of compensation. No general state compensation tariff was identified for all victims. Sanctions can include life imprisonment or temporary imprisonment, correctional or contravention imprisonment, fines, confiscation, additional penalties, security measures, prohibitions and loss of rights. Suspended sentences, supervised release and conditional release exist under the applicable legal framework. The exact penalty is offence-specific, and penalties can be cumulative where the relevant law permits it. Execution of imprisonment follows judicial titles and prison rules. Rehabilitation and the effects of a criminal record depend on the applicable provisions. Legal assistance is available through local offices attached to first-instance courts and a central office at the Chancellerie. In correctional proceedings, an indigent accused prosecuted by the Parquet or held in pre-trial detention may request an officially appointed defender. Lawyer, expert and procedural costs vary by case. Youth justice uses special rules. A minor is a person under 18. A child under 10 cannot be criminally classified or prosecuted. For a child under 13, the response is limited to protection, assistance, supervision and educational measures. From 13 to under 18, the child benefits from a mitigating excuse and reduced penalties. Minors are not tried by ordinary criminal courts; the competent bodies include the Juge des enfants, Tribunal pour enfants and Tribunal criminel pour mineurs. Measures can include return to parents or a reliable person, educational or vocational placement, medical-educational assistance and supervised freedom. Defence is mandatory, and social inquiry and judicial child-protection measures support the court's assessment. Proceedings protect the child's identity and the confidentiality of hearings, with appeals through the Cour d'Appel. Road offences are governed by the national road-criminal framework, including Loi n°1963-527 as amended by Loi n°2021-413 and the national road traffic code. The national road traffic code contains three contravention classes. Class 1 generally covers pedestrians and cyclists, while class 2 covers listed general breaches; both use fines in the 1,000 to 10,000 FCFA range. Class 3 can involve a fine from 10,000 to 360,000 FCFA and/or imprisonment from 10 days to two months. Where the applicable rules allow forfait payment, payment ends the proceedings only for the relevant class and under its conditions. Video-verbalisation and the Système Intelligent de Transport are active, with notifications handled through transport authorities. Driving under the influence, attempted driving offences and hit-and-run can carry two months to one year of imprisonment and/or a fine from 100,000 to 1,000,000 FCFA. Licence cancellation may follow involuntary homicide or injury, with reapplication after two to five years subject to medical and psychotechnical fitness. Vehicle impoundment applies to listed breaches. Cybercrime is governed mainly by Loi n°2013-451, amended by Loi n°2023-593. It covers offences committed through information systems and ordinary offences that require electronic evidence. Relevant conduct includes fraudulent access, interference with data or systems, computer fraud, cyberharassment, child pornography and racist or xenophobic content distributed through information and communication technologies. Unauthorized access or an attempt can carry one to two years of imprisonment and a fine from 5,000,000 to 10,000,000 FCFA. Providers must support notifications concerning illicit content and promptly inform competent public authorities; targeted temporary monitoring requires a judicial order. ANSSI and ARTCI form part of the national cyber framework, while the Police judiciaire, Parquet and courts enforce the criminal rules. No separate informal process generally replaces public prosecution. The current consolidated legal text should be checked for operational advice because amendments can change offences, procedures, penalties and institutional responsibilities. Civil compensation may accompany criminal proceedings, but a separate civil-law dispute is not itself a criminal prosecution.