(2014-03) Law on the Prevention and Repression of Corruption (Law No. CL-2014-008)
Summary — Voted by Haiti's Corps Législatif and published in Le Moniteur (No. 87, 9 May 2014), this law defines corruption offenses under Haitian law and sets penalties, harmonizing domestic legislation with the international anti-corruption conventions Haiti has ratified. It applies to public agents, foreign public officials, international-organization officials and private-sector actors alike.
Key Findings
- Establishes a full typology of corruption offenses under Haitian law: concussion, illicit enrichment, money laundering, misappropriation, bribery, influence peddling, nepotism, insider trading.
- Illicit enrichment (Art. 5.2) is punishable by reclusion plus a fine of double the unjustified wealth increase.
- Concussion (Art. 5.1) carries reclusion, triple restitution and damages, and repeals Article 135 of the Penal Code.
- Applies extraterritorially to foreign public agents and international-organization officials, not just Haitian officials.
- Explicitly harmonizes domestic law with the UN and Inter-American anti-corruption conventions Haiti has ratified.
Full Description
Law No. CL-2014-008, voted on the report of the Senate's Human Rights and Anti-Corruption Commission, sets out general provisions (Title I) defining corruption's scope, then a typology of offenses (Chapter II) including concussion, illicit enrichment, money laundering of crime proceeds, misappropriation of public property, abuse of function, bribery, illicit commissions, over-invoicing, influence peddling, nepotism, insider trading, illegal award of public contracts, and unlawful private interests. Chapter III details specific offenses: concussion (Art. 5.1) punishes public agents who collect sums they know are not due, with reclusion, triple restitution and damages; illicit enrichment (Art. 5.2) punishes any political figure, public agent, magistrate or member of the security forces unable to justify a disproportionate increase in personal wealth, with reclusion and a fine of double the unjustified increase; money laundering of crime proceeds (Art. 5.3) criminalizes facilitating the false justification of the origin of corruption proceeds. The law references and harmonizes with the UN Convention against Corruption (ratified 2007), the Inter-American Convention against Corruption (ratified 2000), and cites prior Haitian decrees on public accounting, the Superior Court of Audit (CSCCA), asset declaration (2008 law) and the 2009 public procurement law.