231. The criminal code and the criminal procedure code from Laws No 65-60
and 65-61 of 21 July 1965 had not been amended significantly in spite of the
ratification of a large number of international treaties by Senegal. Instead, the
reforms carried out in 1977, 1985, 1996, 1999 and 2000 can be cited in this
context.
232. These reforms were inspired by the necessity to incorporate new forms of
criminality or strengthen the promotion, protection and safeguard of
fundamental human rights.
233. Conscious of the fact that the economic and social development of
Senegal is dependent on the legal and judicial certainty in general and the
quality of its legislation, in particular, the public authorities felt the need to
create a platform for brainstorming on the fundamental mission of providing the
judicial system of Senegal with legal tools consistent with its aspiration of being a
country governed by the rule of law.
234. The Commission, which was presided over by the Dean of the Faculty of
Law of Cheikh Anta Diop University of Dakar, comprised representatives of the
judiciary (magistrates, lawyers and judicial police), including specialists in
criminal law and members of civil society ; it set for itself the objective of
maintaining the core and relevant traditional provisions of the current Criminal
Code and Criminal Procedure Code and incorporating crimes and new
procedures dictated by the numerous regional and international legal
instruments acceded to by Senegal.
235. After six (6) years of discussions and exchanges, the Commission developed
two (2) preliminary draft reforms to be submitted to the public authorities of the
country. The amendments touched on:
Offences :
o Protection of extremely vulnerable persons, particularly women
and children, who fall victim to sexual violence and other forms of
abuses. It is proposed that the minority will be made the
constituent element of the offence.
o Endangering the lives of others ;
o Theft and concealment of information ;
o Introduction of notions of therapeutic and safe abortion ;
o Enforcement by the judge of international conventions ratified by
Senegal ;
o Escape of the person held in custody ;
o Corrupting a foreign public official ;
o Cover-up of misapplication of public funds.
Judicial proceedings :
o Besides the principle of territoriality, extension of international
competence of Senegalese courts with the establishment of
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