SECTION 21 — Classification of Offences

(1) Offences shall be classified as felonies, misdemeanours and simple offences according to the principal penalties provided for them, as follows: - a felony shall mean an offence punishable with death or with loss of liberty for a maximum of more than 10 (ten) years and fine where the law so provides ; - a misdemeanour shall mean an offence punishable with loss of liberty or with fine, where the loss of liberty may be for more than 10 (ten) days but not for more than 10 (ten) years, and the fine more than CFAF 25 000 (twenty-five thousand) ; - a simple offence shall mean an offence punishable with imprisonment for up to 10 (ten) days or with fine of up to CFAF25 000 (twenty-five thousand). (2) The nature of the offence shall not be affected by: - modification of the penalty imposed by reason of an excuse or of mitigating circumstances; - aggravation of the penalty imposed under Sections 88 or 89 of this Code.