Corruption often leaves behind a trail long after the crime has been committed. However, a significant amount of time can pass between the commission of a crime and its discovery. This raises questions about whether the age of a crime can protect its perpetrators from justice. In Mali, the law provides a clear answer: it does not. The country's penal code outlines specific rules that allow justice to pursue old crimes without sacrificing fundamental guarantees for those accused.
The concept of prescription is a limit on the power to prosecute, not a right to impunity. In Mali, the prescription of public action is governed by the penal code, which generally sets a 15-year limit for crimes and 7 years for offenses. However, certain economic and financial crimes against public property have a 10-year prescription period. These deadlines are not always definitive, as certain acts of prosecution or investigation can interrupt the prescription, starting a new countdown.
The difficulty in pursuing corruption and embezzlement cases lies in their occult or hidden nature. These crimes are often carefully concealed behind accounting documents, false services, or seemingly regular administrative procedures. To address this, the Malian legislator has introduced a special regime for occult or hidden crimes. In such cases, the prescription period starts from the day the crime is discovered and can be prosecuted, which can be up to 10 years for offenses and 20 years for crimes.
A 2024 reform in Mali has strengthened the legal framework for combating economic and financial crimes. The new penal code makes certain crimes of economic and financial delinquency against public property imprescriptible. This means that these specific crimes can be prosecuted regardless of how much time has passed since their commission. However, this regime only applies to crimes that meet specific conditions set by law.
The application of new laws to old crimes raises questions. In Mali, the new prescription rules can be applied retroactively to crimes committed before 2024, provided that the prescription has not already been acquired. This evolution aligns with the United Nations Convention against Corruption, which encourages states to set sufficiently long deadlines to allow for the prosecution of these crimes.
A notable case in Mali illustrates the complexities of pursuing old crimes. The case involves the former Auditor General and his former administrative and financial director, with alleged crimes dating back to 2004-2010. The case highlights that the age of a crime does not automatically extinguish the public action. Instead, the nature of the crime, its commission date, and any acts that interrupted or suspended the prescription must be examined.
The prescription of crimes should strike a balance between society's right to prosecute crimes and individuals' right to legal security. In corruption cases, time can complicate justice, but it should not make it impossible. As Dr. Boubacar Bocoum, a lecturer at the University of Kouroukanfouga, notes, the challenge lies in ensuring that prescription is neither an instrument of impunity nor a permanent threat to individual freedoms.
Key points
- The Malian law allows for the prosecution of corruption and embezzlement cases even if they are old.
