« Cette loi ne s’appliquera pas à Pape Cheikh Diallo et cie » : Bamba Cissé explique la portée juridique du texte
In the National Assembly, during the debates on the amendment of article 319 of the Penal Code, the Minister of the Interior Bamba Cissé returned to the legal scope of the reform, in particular on the crucial issue of the retroactivity of the law.
The minister was careful to clarify that the law would not apply to acts committed before its adoption, specifically citing radio host Pape Cheikh Diallo to illustrate his point. "This law will not apply to Pape Cheikh Diallo and others. Criminal law is not retroactive. Those who will be affected are those who commit these acts after the law has been passed and promulgated," he explained to the members of parliament.
Offense or crime: a "smart strategy"
Continuing his argument, Bamba Cissé emphasized the difference between classifying an offense and the level of punishment, believing that the public debate is sometimes based on a technical misunderstanding. "Criminalization is not just a question of punishment. A misdemeanor can sometimes be punished more severely than a felony," he maintained.
To illustrate his point, the minister mentioned the flexibility of certain judicial decisions: "Someone can commit murder and be sentenced to five years in prison." According to him, in the case of "unnatural acts," the current situation already demonstrates a high level of punishment. "Today, an unnatural act is a misdemeanor, but the sentence is a felony. We're talking about 5 to 10 years. It's rigid: you can't go below five years, and the judge can impose up to ten years," he explained.
For the minister, maintaining the offense in the register of misdemeanors while retaining heavy penalties responds to a logic of efficiency: "The debate on criminalization is often a misunderstanding. It is a very intelligent strategy."
The specter of judicial congestion
Bamba Cissé also pointed out that criminal procedure is more cumbersome and slower, which can delay the processing of cases. "Criminal matters are the root cause of much of the overcrowding in prisons," he explained.
To support his argument, the minister cited alarming statistics on sexual offenses. According to him, 506 cases of rape and indecent assault were recorded in 2021, compared to 623 in 2023, demonstrating an increase despite the criminalization of these acts. He further indicated that by 2026, more than 800 rape cases would be awaiting trial, illustrating the difficulties the judicial system faces in dealing with the growing caseload.
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