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Haiti - FLASH : SHOCK Decree, defining terrorist acts and sanctions in Haiti
04/12/2020 11:15:21

Haiti - FLASH : SHOCK Decree, defining terrorist acts and sanctions in Haiti
A presidential decree on the Strengthening of public security published on November 26, 2020 in the official journal "Le Moniteur" defining what acts of terrorism and sanctions are likely to provoke controversy, as the definitions are extended and penalties and fines in cases of guilt are the disproportion of this decree.

The following are now considered acts of terrorism:

Intentional damage to life
Intentional attacks on personal integrity
Kidnapping and forcible confinement
Hijacking of aircraft, ships or any other means of transport
Thefts and extortion
Fires, destruction, degradation and deterioration of public or private property
Computer offenses
Offenses relating to combat groups or armed fronts and dissolved movements
The illicit manufacture or possession of machines, lethal devices or explosives
The illicit production, sale, import or export of explosive substances
The acquisition, possession, transport or carrying of explosive substances or devices manufactured using said substances
Possession, carrying or illicit transport of arms and ammunition
Introduce it into the atmosphere, on the ground, in the subsoil, in food or food components or in the waters, including those of the territorial sea, of substances likely to endanger the health of the 'man or animals or the natural environment
Participation in a group formed or in an agreement established for the preparation, characterized by one or more material facts, of one of the acts of terrorism mentioned in the decree
Financing a terrorist enterprise by providing, raising or managing any funds, securities or property or by giving advice for this purpose, with the intention of having such funds, securities or property used or with the knowledge that they are intended to be used, in whole or in part, in order to commit one of the acts of terrorism provided for in the decert
The fact of embarrassing the public highway, by depositing there, by leaving there materials or any things in order to prevent or reduce the freedom or the safety of the passage
The fact of undermining the integrity of the public thoroughfare in its soil, its facilities, bollards, signage, even partially or slightly degrading it or leaving or letting waste, dirty, harmful or slippery, with the aim of damaging the integrity of users and public or private property
The fact by a police officer who can prevent by his immediate action the acts, provided for in this article, from voluntarily refraining from doing so
The fact by a law enforcement officer of voluntarily refraining from bringing to a person in danger because of the acts provided for in this article the assistance that he could give him either by his personal action, or by provoking assistance

As for sanctions, penalties and fines for acts of terrorism:

Individuals guilty of acts of terrorism are liable to 30 to 50 years of criminal imprisonment and a fine of 2 million to 200 million gourdes, without prejudice to damages and other penalties provided for by the penal code [… ] In the event of a repeat offense, the penalty is that of life imprisonment. "

The penalties are also applicable to managers, members of the board of directors and staff of legal entities.

The custodial sentence and that of a fine are doubled when the act is committed by one or more natural persons in charge of protecting life and property, one or more civil servants or public service agents, one or more natural persons having contract with the State.

When a legal person is guilty of an act of terrorism, it is liable to a fine of 10 million to 1 billion gourdes in addition to one or more additional penalties (without prejudice to damages). Note that the fine is doubled when the act is committed by one or more legal persons having a contract with the State.

The following are planned, among others:

Prohibition, definitively or for a period of three years at most, from directly or indirectly exercising one or more professional or social activities
Placement, for a maximum of three years, under judicial supervision
The permanent closure or for a period of three years at most of the establishments or of one or more of the establishments of the company which were used to commit the incriminated acts; exclusion from public contracts permanently or for a period of three years at most
The prohibition, for a period of three years at most, to issue checks other than those allowing the withdrawal of funds or the purchase of a management check or to use payment channels
Confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product thereof

In addition, any person found guilty of illegal carrying of firearms is liable to imprisonment, the number of years of which corresponds to the total number of ammunition found on him or in the weapons carried illegally, or in his luggage or in his vehicle. or any other means of transport at the rate of one year of imprisonment by ammunition ...

TB/ HaitiLibre

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