CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
Maaron Law Firm Maaron Tower 6th Floor Reunification Boulevard 3185 Douala Cameroon Tel: +237 680 351 225 Email: contact@maaronlawfirm.com Web: www.maaronlawfirm.com
1. Fraud Claims 1.1 General Characteristics of Fraud Claims Cameroon operates a bijural legal system combining the French civil-law tradition with English common law, applied respectively in the eight francophone regions and in the two anglophone regions (North - west and Southwest). At the supranational level, Cameroon is a founding member of the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA). OHADA Uniform Acts are directly and uni - formly applicable in all 17 member States and take precedence over conflicting national legislation (Arti - cle 10 OHADA Treaty of Port-Louis, 17 October 1993, as revised in Quebec, 17 October 2008). Fraud (Escroquerie) Fraud is criminalised under Articles 318 to 321 of the Cameroonian Penal Code (Law No 2016/007 of 12 July 2016, hereinafter “Penal Code”). Article 318 (1) of the Penal Code defines fraud as the obtaining of money, valuables, an obligation-creating or obliga - tion-discharging document, or any other goods by: (i) use of a false name or capacity; (ii) making false statements or creating false beliefs about a past or present fact; or (iii) use of deceptive manoeuvres, including the production of forged documents. The penalty is ten to 20 years’ imprisonment and/or a fine of XAF500,000 to XAF10 million (Article 318 (2) Penal Code). Aggravated fraud committed against a public institution or by a manager entrusted with another’s assets carries enhanced penalties under Article 319 of the Penal Code.
False Statements The making of false statements constitutes fraud under Article 318 (1)(b) of the Penal Code when it induces another to part with property. Separately, the offence of false testimony is punishable under Article 162 of the Penal Code (three to ten years’ imprison - ment). Forgery of public or private documents is pun - ishable under Articles 155 to 160 of the Penal Code, with aggravated penalties where the forgery is com - mitted by a public official. Corrupt Payments Active corruption (offering or giving an undue advan - tage) is punishable by five to ten years’ imprisonment and a fine equal to the value of the bribe, not less than XAF500,000 (Article 134-1 Penal Code). Passive corruption (soliciting or receiving an undue advantage) carries identical penalties (Article 134-2 Penal Code). In commercial matters, the misuse of corporate assets (“ abus de biens sociaux ”) by a director constitutes a criminal offence under Article 891 of the OHADA Uni - form Act on Commercial Companies and Economic Interest Groups (AUSCGIE, revised 30 January 2014), sanctioned under national implementing legislation. Conspiracy Criminal conspiracy (“ association de malfaiteurs ”) is punishable under Article 278 of the Penal Code with one to five years’ imprisonment, independently of whether the planned offence is ultimately committed. Co-perpetration and instigation are also punishable as autonomous forms of participation under Articles 95 to 97 of the Penal Code.
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