Why was this Code necessary?
There are some reforms that have been long awaited, debated in courtrooms, university lecture halls, and bar association halls, before they finally come to fruition. The new Code of Criminal Procedure (CCP), adopted by Law No. 009-2025/ALT of June 12, 2025, is one such reform. Supplemented by Law No. 008-2025/ALT of the same date on judicial organization, this body of legislation constitutes a profound transformation of Burkina Faso’s criminal justice system.
In a single day, the legislature reshuffled the deck: new avenues for conflict resolution, strengthened rights for participants in the proceedings, revised time limits, and a modernized judicial system. This is a reform that every lawyer, judge, court clerk, corporate legal counsel, or ordinary litigant must know and incorporate without delay.
Criminal law is the law of liberty. It is what draws the line between the punishing state and the resisting citizen, between legitimate repression and arbitrariness. An aging Code of Criminal Procedure thus leads to a justice system that loses clarity, fairness, and effectiveness. Burkina Faso has been aware of this for several years. The old text no longer met the demands of a changing judicial environment, international standards for the rights of the defense, or the challenges posed by organized crime and corruption.
| «A Code of Criminal Procedure is not a technical document reserved for experts. It is a concrete guarantee that every citizen, regardless of their circumstances or the seriousness of the charges against them, will be treated in accordance with rules that are predictable, fair, and respectful of their dignity. » |
- Three new mechanisms that are transforming public policy
This is undoubtedly the most dramatic innovation in the new Code of Criminal Procedure: the introduction of three alternative mechanisms for resolving criminal disputes, which supplement the traditional grounds for dismissing criminal proceedings. Until now, the Burkinabe criminal justice system offered a binary choice: prosecution or dismissal. Now, a third option has emerged: negotiated justice.
Criminal mediation (Art. 242-16 to 242-23) applies to all offenses, with the exception of those related to terrorism. It may be proposed at the initiative of the parties or the Prosecutor of Burkina Faso. Its mechanism is based on four cumulative conditions: the victim’s consent, the defendant’s acceptance of liability, acceptance of the mediation itself, and the involvement of a guarantor. The resulting measures are civil reparations and a public interest fine. Its implementation extinguishes the public prosecution and is not recorded on the criminal record, a key consideration for those who resort to it.
The judicial agreement in the public interest (CJIP) (Art. 242-24 to 242-31) is reserved for legal entities. Modeled on practices in other countries, it allows a company facing criminal charges to avoid a criminal trial by committing, with the consent of the victim and the prosecutor, to a compliance program designed to prevent recurrence. However, it does not preclude proceedings that may be brought against the natural persons who are the legal representatives of said legal entity, who may themselves benefit from criminal mediation or a criminal settlement.
Finally, a criminal settlement (Art. 242-32 to 242-46) is a proposal made by the prosecutor to the perpetrator, consisting of the imposition of a measure as a sanction: a fine, forfeiture, a prohibition on contacting the victim, or a prohibition on leaving the country. It requires the defendant to accept responsibility. In cases of corruption, if these measures fail, the prosecutor is required to initiate criminal proceedings.
- The judicial police and the investigation renewed
The new Code redistributes roles within the judicial police. The municipal police are now included among judicial police officers and agents (Art. 241-5 and 241-9), with jurisdiction over public health, public order, traffic, stray animals, and the protection of public places. Conversely, the Attorney General, the General Counsel, and the Deputy General Counsel at the Court of Appeals lose this status, a welcome clarification of the roles between prosecution and investigation.
On the investigative side, the reform brings about a major shift: judicial investigation becomes optional (Art. 261-1). The investigating judge is no longer a mandatory step. This development, consistent with the introduction of alternative mechanisms, streamlines the judicial process and accelerates case processing. When a court has multiple investigating judges, it is now the Prosecutor of Burkina Faso and not the senior judge who designates the judge assigned to a case, with the option to designate multiple judges for complex cases.
The status of “assisted witness” is formally established. Any suspect who has not yet been formally charged may be questioned with the assistance of a lawyer, exercise the right to cross-examination, and file motions to dismiss. Such a suspect may not be placed in pretrial detention, may not be subject to a referral order, and is not required to take an oath. They may still be formally charged at any time, including by registered letter with return receipt. This procedural change is a significant advance for the rights of the defense.
The time limits for the preliminary investigation have been shortened. The prosecutor now has one month (instead of two) to file their closing arguments when the defendant is in custody, and two months (instead of four) in other cases. If the case is referred to the criminal division, a detained defendant who has not been brought before the court within six months (compared to one year previously) may be released. These shorter time limits send a strong signal against the abuses of prolonged pretrial detention.
- Modernized Criminal Proceedings: Judgments, Appeals, and Notifications
The reform of criminal procedure affects the organization of the courts, trial timelines, and the rights of the parties. In criminal matters, the Regional Court, through its criminal division, becomes the court of general jurisdiction for both adults and minors. The criminal division of the Court of Appeals now has the authority to overturn a judgment in favor of or against the defendant, thereby ending the former rule that prohibited it from imposing a harsher sentence on the defendant based solely on the defendant’s appeal.
In criminal cases, time limits have been significantly reduced. The prosecutor has 15 days to bring the defendant before a court in cases of flagrante delicto. The criminal division must render a decision within one month down from two months previously or the defendant must be released. Objections and appeals must be filed within a uniform ten-day period, with a one-month extension for individuals residing outside the country.
Court proceedings are embracing modernity: they may be recorded and broadcast by state media (Art. 321-22), and videoconferencing is expressly authorized (Art. 321-38). Any use that infringes upon the rights of the parties is punishable by six months to three years’ imprisonment and a fine of 1.5 to 5 million CFA francs. Finally, summonses, service of process, and notifications may now be served electronically (Art. 333-1 to 333-4), deemed to have been served in person upon acknowledgment of receipt a decisive step forward for judicial digitization.
- Enforcement of Sentences and Special Provisions
The reform does not end with the pronouncement of the sentence. It addresses what comes next: the enforcement of sentences, release procedures, and the rules applicable to specific situations.
Parole is now available once one-third of the sentence has been served (Art. 614-1), compared to half previously for first-time offenders. For repeat offenders, the threshold remains set at two-thirds. This significant shift reflects a commitment to gradual reintegration and reducing prison overcrowding, without compromising public safety.
The statute of limitations for criminal penalties has been significantly restructured (Art. 612-1 to 612-3): while the statute of limitations for felonies remains unchanged at twenty years, the statute of limitations for misdemeanors has been extended from three to ten years a considerable increase and the statute of limitations for minor offenses has been extended from two to three years. These new rules will have significant implications for strategies regarding the management of ongoing cases.
With regard to special procedures, the prohibition on extraditing Burkinabè nationals is now enshrined in law (Art. 519-3). A new chapter establishes a specific procedure for offenses committed by the President of Burkina Faso and members of the government: complaints are filed with the Attorney General of Ouagadougou, who refers the matter to the National Assembly, which has six months after the termination of office to vote on impeachment. Judgment rests with a special criminal chamber of the Ouagadougou Court of Appeal, comprising sworn parliamentary judges.
Finally, the new CPP breaks with judicial monolingualism: whereas the old text required transcripts to be in French only, the new code requires transcription in one of the working languages with the assistance of an interpreter if necessary a symbolically significant step forward for access to justice for non-French-speaking litigants in a country with numerous national languages.
- The Reformed Judicial System: A Redesigned Structure
Law No. 008-2025/ALT on the organization of the judiciary usefully complements the procedural reform. In particular, it establishes the possibility of holding a hearing in a national language when none of the parties objects (Art. 5). The Court of Appeal may now rule as a single-judge court in the same matters as the High Court (Art. 19), and may comprise several criminal chambers, thereby replacing the single chamber provided for in the previous law.
The High Court is established as the court of general jurisdiction in criminal matters (Art. 37), having jurisdiction over all offenses. It may comprise several criminal chambers and several juvenile chambers (Art. 40), with the option of sitting as a single-judge court for a list of expressly defined matters: personal status, correction of civil status records, traffic accidents, misdemeanors, and minor offenses.
A labor court is established within the jurisdiction of each Regional Court (Art. 75), enhancing access to labor dispute resolution. The presidents of the Regional Court, the Commercial Court, and the Labor Court become enforcement judges in their respective areas a modest institutional reform with significant practical implications for the enforceability of court decisions.
A reform that calls for immediate action
Together, the new Code of Criminal Procedure and the Law on the Organization of the Judiciary outline a revitalized criminal justice system one that strikes a better balance between punishment and rehabilitation, operates more efficiently, and offers more flexible dispute resolution mechanisms. This is not merely a technical reform; it is a vision of justice that Burkina Faso is adopting for the years to come.
For lawyers and judges, it is urgent to familiarize themselves with the three new alternative mechanisms: criminal mediation, judicial agreements in the public interest, and criminal settlements will profoundly change the way cases are handled prior to trial. The revised time limits for appeals, pretrial detention, and the statute of limitations on sentences require rigorous monitoring of all pending cases.
For businesses, the establishment of the CJIP opens up a new avenue for resolving criminal disputes related to their activities. For those subject to the legal system, these reforms offer new safeguards: better-defined time limits, more accessible parole, and a more humane procedure.
| The law protects only those who know it. Understanding the changes in the new Code of Criminal Procedure gives you a head start in defending your rights. |
By Maître Ali NEYA | May 2026 | Reading time: 10 min