Haiti - Politics : What say the law on reputation and good life and morals ? - HaitiLibre.com : Haiti news 7/7





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Haiti - Politics : What say the law on reputation and good life and morals ?
17/08/2017 10:57:06

Haiti - Politics : What say the law on reputation and good life and morals ?
Senators voted a law of about twenty articles on reputation and the certificate of good morals, a law that has yet to be ratified by the Chamber of Deputies in the same terms before being passed on to the Executive for Publication in the official newspaper "Le Moniteur".

In order to know what the reputation and good life and morals of a person in Haiti are, we invite you to share the contents of some essential articles of this law.

Once published, this law will repeal all laws or provisions of laws, all decrees-laws or provisions of decrees-laws, decrees or provisions of decrees that will be contrary to it.

Excerpt from the law on the reputation and the certificate of good life and morals :
"[...]

Article 3 - For the application of the present, it is considered contrary to the good life any behavior, any action causing a disturbance to public order, Public and collective peace; Any reprehensible action against his family or third parties disturbing public order.

Article 4 - The notion of morals concerns any public act relating to: child or child pornography, incest, polygamy, pedophilia, child or juvenile prostitution, pimping and proven homosexuality.

Article 5 - The reputation for the person of the adult is established by an extract from the register of prosecution and / or bankruptcy attached to a criminal record. For the minor, it is established by the extract of a proximity investigation conducted by a Justice of the Peace in a school, university, association and family attached to a certificate from the nearest police station.

Article 6 - For the purposes of the present, any behavior or action that hurts decency in the sense of an attack on physical integrity in explicitly sexual acceptance is deemed contrary to the notion of morals and good reputation of the term, as well as the decency in the sense of an attack on moral integrity, whether or not there is interference between violence and sexuality.

Article 7 - The reputation shall be considered as irreproachable when the extract from the register of prosecutions and the extract from the criminal record do not contain any inscription.

Article 8 - When the register of prosecutions and the criminal record contain an entry, a case-by-case examination shall be made by the judge hearing the application for interim measures, in order to consider nevertheless that the reputation is good. Minor offenses or contraventions, except in the case of repeated offenses, and the routine prosecution in business relations, do not undermine good reputation except in cases of breach of trust and fraud recognized by the competent court.

[...]

Article 14 - the certificate of good character and morals is refused
(A) To a person whose criminal record contains a conviction in Haiti or abroad, without prejudice to the provisions of Article 8, to a custodial or criminal penalty involving deprivation of liberty. Convictions for unintentional offenses can not justify the refusal to issue a certificate of good character;

(B) A person whose good character can be denied with certainty due to one or more well-founded complaints about his or her behavior, or to contraventions incurred and recidivated, such as drunkenness or drug addiction, noise aggressions and nocturnal nuisances, or an inexcusable bankrupt pending settlement proceedings by the competent court;

(C) In all other cases provided for by law.

Article 15 - Good reputation, except in the case of punishment of a penalty, afflictive or infamous, shall be recovered according to the social behavior of the person concerned one year after having served his sentence.

Article 17 - The bad reputation for abuse of minors can only be resolved after twenty (20) years with the obligation of medical treatment.

Article 18 - The bad reputation of the minor is and is automatically resolved by the irreproachable behavior of the minor five (5) after his emancipation. No certificate of good life of settlement or resolution of bad reputation will relate the background.

[...]"


HL/ HaitiLibre

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