CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties Criminal Rogatory Orders The examining magistrate may address rogatory orders (“ commissions rogatoires ”) to any person or institution in possession of relevant evidence, includ - ing banks, telecommunications companies and public registries, under Articles 163 to 175 of the CPP. Com - pliance is mandatory; refusal constitutes an offence under Article 181 of the CPP. Civil Court Orders In civil proceedings, Article 9 of the CCPC empowers the court to order any third party to produce docu - ments in their possession that are relevant to the dis - pute. A party may also request the appointment of a judicial expert (“ expert judiciaire ”) under Articles 54 to 75 of the CCPC to examine third-party financial records. Refusal by a third party to comply may give rise to contempt sanctions and adverse inferences. Pre-Proceedings Evidence Gathering A constatory visit by a bailiff (“ constat d’huissier ”) may be requested before the commencement of proceed - ings to preserve evidence that is at risk of destruc - tion. This is recognised under Article 186 of the CCPC and Cameroonian bailiff practice. The resulting official report (“ procès-verbal de constat ”) is admissible as evidence in subsequent proceedings. Restrictions on Use Documents obtained through court orders or criminal investigation procedures may only be used for the proceedings for which they were obtained. Their dis - closure to third parties or use in foreign proceedings requires specific judicial authorisation. Banking secre - cy rules (see 7.2 Laws to Protect “Banking Secrecy” ) may limit the scope of third-party disclosure absent a court order. 2.4 Procedural Orders Cameroonian procedural law expressly provides for ex parte (without notice) interim orders in fraud matters, as described below. Ex Parte Saisie Conservatoire By design, the saisie conservatoire under Articles 54 to 61 of the AUPSRVE is obtained ex parte. The appli -
Sanctions for Non-Disclosure Deliberate non-disclosure or false declaration of assets is punishable under Article 185 of the Penal Code. Additionally, a defendant who absconds or conceals assets after service of a conservatory order commits the offence under Article 184 (2) of the Penal Code. The claimant is not required to give a cross- undertaking in damages to obtain a disclosure order The most effective mechanism for preserving evi - dence in Cameroon is the criminal search and seizure order. Under Articles 217 to 224 of the CPP, the exam - ining magistrate may authorise the judicial police to conduct searches at the defendant’s residence, busi - ness premises and any other location where relevant evidence may be found. Searches must generally be conducted between 6am and 9pm unless urgency requires otherwise (Article 218 CPP). All seized items are inventoried and deposited with the court registry. Civil Interim Orders In civil proceedings, the court may appoint a bailiff (“ huissier de justice ”) to conduct a constatory visit (“c onstat d’huissier ”) and preserve evidence of fraudu - lent transactions. Under Article 187 of the Code of Civil and Commercial Procedure (CCPC), an emer - gency judge ( juge des référés ) may order any measure necessary to prevent imminent damage, including the seizure of documents and business records. Cross-Undertaking in enforcement proceedings. 2.2 Preserving Evidence Criminal Search and Seizure As noted in 1.7 Prevention of Defendants Dissipat- ing or Secreting Assets , Cameroonian law does not impose a mandatory cross-undertaking in damages for interim measures. The court retains discretion to require security where the balance of harm so dic - tates. Electronic Evidence Cameroon’s Law No 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime recognises elec - tronic evidence and authorises the seizure of electron - ic devices and data in criminal proceedings (Articles 42 to 46). Courts have increasingly relied on electronic forensic evidence in complex fraud cases.
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