Last updated: December 17, 2019

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Minister of Public Health, Civil Society, Director of Health Police
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer but simply imposes penalties on persons (both buyers and sellers) who contravene the provisions of the law.

Penalties include: (a) imprisonment lasting from one to five years; (b) a fine ranging from 10 million to 100 million Francs; or a combination of both; (c) newspaper publications informing the public of convictions, at the expense of the convicted offender; and (d) suspension of any activity giving rise to the offense.

In cases of repeat offenses, the punishment shall be doubled, and other, supplemental penalties may be imposed at the court’s discretion if the court ascertains that the offender derived financial advantage from committing the offense in question.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeat offenses.

The penalty provisions align with FCTC Art. 11 and FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Importer

Minister of Public Health, Civil Society, Director of Health Police
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer but simply imposes penalties on persons (both buyers and sellers) who contravene the provisions of the law.

Penalties include: (a) imprisonment lasting from one to five years; (b) a fine ranging from 10 million to 100 million Francs; or a combination of both; (c) newspaper publications informing the public of convictions, at the expense of the convicted offender; and (d) suspension of any activity giving rise to the offense.

In cases of repeat offenses, the punishment shall be doubled, and other, supplemental penalties may be imposed at the court’s discretion if the court ascertains that the offender derived financial advantage from committing the offense in question.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeat offenses.

The penalty provisions align with FCTC Art. 11 and FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Wholesaler

Minister of Public Health, Civil Society, Director of Health Police
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer but simply imposes penalties on persons (both buyers and sellers) who contravene the provisions of the law.

Penalties include: (a) imprisonment lasting from one to five years; (b) a fine ranging from 10 million to 100 million Francs; or a combination of both; (c) newspaper publications informing the public of convictions, at the expense of the convicted offender; and (d) suspension of any activity giving rise to the offense.

In cases of repeat offenses, the punishment shall be doubled, and other, supplemental penalties may be imposed at the court’s discretion if the court ascertains that the offender derived financial advantage from committing the offense in question.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeat offenses.

The penalty provisions align with FCTC Art. 11 and FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.

Retailer

Minister of Public Health, Civil Society, Director of Health Police
Fine, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

In terms of penalties, the law does not distinguish between manufacturer, importer, wholesaler or retailer but simply imposes penalties on persons (both buyers and sellers) who contravene the provisions of the law.

Penalties include: (a) imprisonment lasting from one to five years; (b) a fine ranging from 10 million to 100 million Francs; or a combination of both; (c) newspaper publications informing the public of convictions, at the expense of the convicted offender; and (d) suspension of any activity giving rise to the offense.

In cases of repeat offenses, the punishment shall be doubled, and other, supplemental penalties may be imposed at the court’s discretion if the court ascertains that the offender derived financial advantage from committing the offense in question.

The law provides that sanctions can be applied in a graded fashion and fines are doubled in the case of repeat offenses.

The penalty provisions align with FCTC Art. 11 and FCTC Art. 11 Guidelines in that they provide for a range of penalties, graded penalties, and increased sanctions for repeat offenses.