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
arise from an infringement of a right of
property, not justified as lawful defence under Section 84, but inflicted in order
to protect the person acting
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
punished with imprisonment for from 2 (two) to 10 (ten) years.
(3) No defence absolving from responsibility a principal not yet acquitted shall be available to the accessory
Page source 72
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
Page source 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
Page source 19
Decree No. 2018/355 on common rules applicable to contracts by public corporations
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
preliminary inquiries shall neither apply to the Legal Department nor to the defence.
(3) Notwithstanding the provision 01 sub-section (1), the Examining Magistrate may, if he
considers
free to reserve his statement;
(b) He has the choice to prepare his defence either without counsel; or with the assistance of
one or more counsels;
(c) Where
necessary
measures.
(2) There shall be no violation of the right of the defence, where an order of the Examining
Magistrate extends the mission of the expert
previous
proceedings shall, subject to their being barred, be raised before any defence on the merits.
SUB-CHAPTER II
OFFENCES COMMITTED FLAGRANTE DELICTO
court that the right to apply for three (3) days to
prepare his defence.
(2) If the accused so applies, the court shall order an adjournment.
(3) Mention
those for the civil party, if
any, and finally those for the defence.
(3) Any person not summoned but who is present in court may , if he spontaneous1y
Presiding Judge shall ascertain whether the accused bas briefed counsel for his
defence
(2) Where the accused is being prosecuted for a felony punishable with death or loss
appellant, the President of the
Supreme Court shall assign counsel for his defence and the Registrar-in-Chief shall issue
notices as provided for in section
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
Page source 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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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
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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Litigation
Division shall be responsible for assisting administrations in the organization of
the defence of State’s interests, public institutions and other similar
organizations before national and/or international
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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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persons serving in defence and territorial security
services, especially in the security and police forces, and members of the armed
forces and the like shall likewise be ineligible
persons serving in defence and territorial security
services, especially in the security and police forces, and members of the armed
forces and the like shall likewise be ineligible
Page source 53
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