criminal responsibility shall arise from an act dictated by the
immediate necessity of defence of the person acting or of any other person,
or of any right…other, against an unlawful infringement:
Provided that the means of defence be proportionate to the seriousness of
the infringement threatened.
(2) Intentional killing shall be proportionate
purposes of this Code a defence secret shall mean any
information of whatever kind liable to assist hostile undertakings against the
Republic and not already made public
otherwise than in order to surrender it to a foreign power, acquires a
defence secret, or reveals such secret to a person not entitled to
know…processes, where advantage could be taken
of such collection to injure the defence of the nation ;
3. intrudes by any deceitful means into any installation, ship, aircraft
agents of a foreign power a course of
communication liable to injure the defence or diplomatic position of
the Republic ;
2. Within the territory of the Republic…communicates to a foreign power or its agents any invention
connected with the defence of the nation, or any information, study
or process regarding such an invention
agents any
troops, territory, installations or equipment employed in the defence of
the nation, or any defence secret, or who in whatever manner acquires
such a secret with…surrender it to a foreign power,
c) with intent to injure the defence of the nation, damages any
construction, installation or equipment, or commits any malpractice
liable
joins in any undertaking to spread alarm and despondency in the
defence forces or in the nation, with intent thereby to injure the defence
of the nation…time of war commits any act of any kind liable to injure the
defence of the nation shall, if no higher penalty be provided, be punished with
imprisonment
citizen who in time of peace fails to inform the defence,
administrative or legal authorities, so soon as he comes to know of it, of any
activity liable…injure the defence of the nation shall be punished as under
the last foregoing Section
Source page 41
Convention of 28 July 1951 to the Status of Refugees
peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development…present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of
self-determination, and shall
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International Covenant on Civil and Political Rights
peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely pursue their eco
nomic, social and cultural development…present Covenant, including those having respon
sibility for the administration of Non-Self-Governing and Trust Territories, shall
promote the realization of the right of self-determination
have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing;
(c) To be tried without undue delay
Source page 6
International Convention of 25 August 1924 for the Unification of Certain Rules of Law relating to Bills of Lading
acceptance of the present Convention does not include any or all
of the self-governing dominions, or of the colonies, overseas possessions, protectorates or
territories under their sovereignty…authority, and they may subsequently accede separately
on behalf of any self-governing dominion, colony, overseas possession, protectorate or
territory excluded in their declaration. They may also denounce
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International Convention of 10 April 1926 for the Unification of Certain Rules of Law relating to Maritime Liens and Mortgages, 1926
acceptance of the present Convention does not include any or all of the self-governing dominions, or of the
colonies, overseas possession, protectorates, or territories under their sovereignty…authority, and they
may subsequently accede separately on behalf of any self-governing dominion, colony, overseas
possession, protectorate or territory excluded in their declaration. They may also denounce
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Treaty of 18 october 1983 establishing the Economic Community of Central African States
Community to promote and strengthen harmonious
cooperation and balanced and self-sustained development in all fields of
economic and social activity, particularly in the fields of industry, transport…science and technology and the movement of persons, in order to
achieve collective self-reliance, raise the standard of living of its peoples,
increase and maintain economic stability
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training programmes better suited to development problems
with a view to progressively achieving self-sufficiency in skilled personnel;
d) promote the systematic exchange of experiences and information
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Law no2017/12 of 12 July 2017 to lay down the Code of Military Justice.
platforms;
(e) offences committed by servicemen or civi-
lian personnel serving in the defence forces,
with or without civilian co-offenders or
accomplices, in a military establishment…civilian judicial officer, the 2 (two)
Assessors must be members of the defence
forces.
II - Competence
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members of the
bench should, for those who aremembers of
the Defence Forces, hayeat least the rank of
the suspect, the accused, or the most senior
defendant
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Law No 2019/024 of 24 december 2019 bill to institute the general code of regional and local authorities
Local authorities shall exercise their powers within the bounds of
national defence interests.
(2) The exercise of the powers provided for by this law shall not bar State…State authorities to perform
their duties in matters of security, civil or military defence, in accordance with the
laws and regulations in force
shall be taken after consulting the regional council, except for purposes
of national defence or for maintaining law and order. In the latter case, the State shall
notify
Regional Council and the Municipal Council
concerned shall be sought, save where national defence or public order requirements
dictate otherwise.
(3) The decision referred to in sub-section
Source page 8
Law n°2014/016 of 18 July 2014 laying down the Standing Orders of the National Assembly
Foreign Affairs Committee : treaties, international conventions, etc.
(d) Committee on National Defence and Security: national defence, armed
forces, gendarmerie, national security, military justice, fire brigade, etc.
(e) Committee
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insurance;
4.
the duties and obligations of the citizen in respect of
national defence requirements.
(b) The status of persons and property ownership system:
1- nationality, status…regional and local authorities;
4- general rules governing the organization of national
defence;
5- judicial organization and the creation of various types of
courts;
6- the definition
terms of reference.
(2) The Government shall, subject to the imperatives of national
defence, the security of the State or the secrecy of criminal
investigation, furnish any explanations
Source page 19
United Nations Convention of 31 October 2003 against Corruption
with its domestic
law and with due regard to the rights of the defence, to seek to ensure that
conditions imposed in connection with decisions on release pending…offences established in accordance with this Convention and of
the applicable legal defences or other legal principles controlling the lawfulness of
conduct is reserved to the domestic
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mutual agreement. They include, for the most part, contracts relating to national
defence, security, and strategic interests of the State.
(2) The contracts referred to in (1) above…purchase of
equipment or supplies, and any services directly related to national defence, security,
and the strategic interests of the State
contracts
awarded by mutual agreement. They shall mostly concern contracts relating to national
defence, security and the strategic interests of the State.
(2) The contracts referred…shall concern the procurement of equipment, supplies or
services directly related to national defence and security, and contracts for which the
strategic interests of the State
that there is evidence to warrant the accused to be put to his defence, it
shall put the following three options to him:
(a) that he may make…statement in his defence not on oath;
(b) that he may say nothing; or
(c) that he may give evidence on oath as a witness.
(2) The Presiding
absolute nullity when it is:
(a) Prejudicial to the rights of the defence as defined by legal provisions in force;
(b) Contrary to public policy.
(2) Nullity
trial where he shall be given all necessary
guarantees for his defence.
(2) The presumption of innocence shall apply to every suspect, defendant and accused
contact with his family, obtain legal advice, make arrangements for his defence, consult a
doctor and receive medical treatment and take necessary steps to obtain his release
This Uniform act shall govern any individual who is self-employed or engaged in a civil,
commercial, handicraft or agricultural activity, a private legal entity as well
Source page 5
United Nations Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances, 1988
that the description of the offences to
which it refers and of legal defences thereto is reserved to the domestic law of a Party and that such
offences
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Law n°2014/15 of 18 July 2014 to lay down procedures for the functioning of Parliamentary Committees of enquiry.
with the
exception of those covered by confidentiality
or secrecy and concerning national defence,
and internal or external security of the State.
3) The parliamentary Committee of enquiry
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Vienna Convention of 24 April 1963 on Consular Relations
other reason, such nationals are unable at the proper time to assume
the defence of their rights and interests;
(j)
transmitting judicial and extrajudicial documents or executing letters
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transport shall be immune from any form of requisition for purposes of national defence or public utility.
If expropriation is necessary for such purposes, all possible steps shall
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Règlement d'arbitrage de la Cour Commune de Justice et d'Arbitrage
statement of the grounds and evidence upon which he will base his defence..
d) the response of the respondent as regards the issues raised in the request
accused before and during
his trial all necessary rights and means of defence;
(b)
no one shall be convicted of an offence except on the basis of individual
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ILO Convention of 25 June 1963 Guarding of machinery
Where the subject matter of this Convention is within the self-governing powers of any non-
metropolitan territory, the Member responsible for the international relations of that territory
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right to existence. They shall have the unquestionable and
inalienable right to self- determination. They shall freely determine their political
status and shall pursue their economic and social
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Convention of 20 November 1989 on the Rights of the Child
should enjoy a full and decent
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active
participation in the community.
2. States Parties
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other appropriate assistance in the
preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and impartial authority
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promotion and protection of human rights;
- preparing and coordinating the State’s defence before international
Human Rights organizations, especially jurisdictional and non-
jurisdictional mechanisms of the United Nations
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Law No. 2000011 of December 19, 2000, on Copyright and Neighbouring Rights
such as authorization to exploit works,
collection and distribution of royalties and legal defence of rights.
78.—(1) Collective management bodies must make available to interested persons
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