Ouagadougou: The Transitional Legislative Assembly (ALT) of Burkina Faso adopted the new Code of Criminal Procedure (CPP) on Thursday, introducing several key changes including the establishment of criminal mediation as an alternative to traditional prosecution, noted the AIB.
According to Burkina Information Agency, the newly adopted CPP incorporates significant reforms aimed at aligning the Burkinabe judicial framework with the nation’s sociocultural context to enhance effectiveness. This comprehensive 910-article legislation introduces alternative measures to prosecution and incarceration, including mediation that, if mutually agreed upon by the parties involved, can terminate legal proceedings. Moreover, a public interest judicial agreement is now available for legal entities, requiring them to compensate for damages and pay fines to the public treasury, alongside a commitment to adhere to undisclosed standards.
The revised CPP also introduces a composition procedure that enables the Prosecutor to offer the convicted person alternatives to imprisonment, such as paying a fine to the public treasury, engaging in community service, or surrendering their driving license. Additionally, the status of Judicial Police Officer (JPO) has been extended to municipal police commanders, inspectors, and controllers in areas like hygiene, public health, road traffic, and the management of public spaces.
The mandatory criminal investigation process from the previous code has been made optional, aiming to accelerate case trials. Criminal offenses can now be addressed through a flagrante delicto procedure. Furthermore, individuals prosecuted for terrorism-related offenses are prohibited from being released while avenues for appeal remain available.
The new procedural code also accommodates judgment via video conference, provided the circumstances permit and the parties consent, to reduce costs and expedite judgments, particularly for detainees in remote remand centers appealing their cases.
This legislative evolution underscores the critical role of criminal procedure in linking offense commission with the imposition of criminal penalties, encompassing rules for identifying offenders, prosecuting them, and rendering judgment.