OHADA CRIMINAL LAW

Although there is not yet a Uniform Act relating to OHADA business offences the term OHADA business criminal law does not mean that it is usurped. With a view to giving an appropriate response to business crime it was imperative that economic life in the OHADA legal area be governed by criminal law. Aware of this imperative the Member States of this organisation have in the field of law enforcement endowed OHADA with partial legislative power. To this end OHADA defines the offences in the Uniform Acts while the States themselves are responsible for determining the penalties. The OHADA penal system thus shared between two legislators OHADA and national appears to be special. Having said that is this particularity synonymous with efficiency? OHADA's criminal business law appears to be rather fragile and reveals flaws that create an imbalance between the Member States a major disharmony in the repression. If it is not sufficiently harmonised this criminal business law would be detrimental to the organisation's objective of harmonisation and legal and judicial security.