Financial Crime World

Liability for Legal Persons and Protection Programmes for Witnesses and Informants: Mali’s Progress

Kigali, Rwanda - As part of its efforts to strengthen international cooperation in criminal matters, Mali has made significant progress in establishing a legal framework that ensures liability for legal persons and protects witnesses and informants.

According to Article 26 of the Malian penal code, legal persons are liable for criminal offenses committed by their representatives or agents. This provision aims to hold companies and other organizations accountable for any wrongdoing committed on their behalf.

Protection Programmes for Witnesses and Informants

In addition, Mali has established a protection programme for witnesses and informants, as stipulated in Article 37 of the country’s penal code. The programme is designed to ensure the safety and well-being of individuals who cooperate with law enforcement agencies or testify in criminal proceedings.

Extradition and International Cooperation

Mali has also made significant progress in extraditing fugitives and cooperating with other countries in criminal matters. The country has ratified several international treaties, including:

  • ECOWAS Convention on Extradition, which provides for the extradition of individuals suspected of committing crimes.
  • ECOWAS Protocol on the Fight Against Corruption, which makes corruption offenses extraditable.

Mali has also signed bilateral agreements with other countries, including:

  • Nigeria and Chad, providing for the transfer of sentenced persons and mutual legal assistance in criminal matters.

Mali’s Mutual Legal Assistance (MLA) framework is governed by:

  • ECOWAS Convention on Mutual Assistance in Criminal Matters.
  • 2016 Uniform Act.

The country has also signed the ECOWAS Protocol on the Fight Against Corruption, which includes specific provisions on corruption offenses. However, Mali has not yet designated a competent authority for MLA requests or notified the Secretary-General of such designations. Nevertheless, the country affords the widest measure of MLA possible through the implementation of international conventions to which it is party.

Conclusion

In conclusion, Mali’s efforts to strengthen its legal framework and cooperate with other countries in criminal matters are commendable. The establishment of a protection programme for witnesses and informants and liability for legal persons are significant steps towards ensuring accountability and justice in the country. As Mali continues to work on strengthening its international cooperation mechanisms, it is likely that the country will become an even more effective partner in regional and global efforts to combat transnational crime.

References

  • ECOWAS Convention on Extradition
  • ECOWAS Protocol on the Fight Against Corruption
  • 2016 Uniform Act
  • Mali’s penal code
  • Bilateral agreements with Nigeria and Chad