Interdiction de sortie du territoire : Le magistrat Mamadou Yakham Keïta lève le voile sur les conditions de notification
In a post published on his Facebook page and reviewed by Seneweb, Magistrate Mamadou Yakham Keïta, a judge in the Financial Judicial Pool, sheds legal light on a question that often sparks controversy: does a ban on leaving the country always require prior notification? The answer, according to him, depends on the authority issuing the measure.
Administrative police or judicial police: a fundamental distinction
The magistrate immediately established a clear distinction between administrative police and judicial police.
"When you see defense and security forces lining the streets or surrounding a demonstration, it's administrative policing, which is preventive. But as soon as a specific offense is observed and the perpetrator is sought, we switch to judicial policing," he explains.
This distinction is crucial because it determines the rules applicable to notification of a ban on leaving the country.
Administrative authority: mandatory notification
When the measure comes from an administrative authority, such as a minister or the government, it is of a preventive nature and must be notified to the person concerned.
"It is an individual administrative act which restricts a fundamental freedom and can therefore be challenged before the administrative court," explains Mamadou Yakham Keïta.
In this case, the person concerned is informed of the decision and has the possibility of contesting it before the competent courts.
Judicial authority: no prior notification
On the other hand, when the ban on leaving the country is decided by a judicial authority, such as the public prosecutor or an investigating judge, as part of an investigation or judicial inquiry, no prior notification is required.
"The prosecutor or the judge can alert the border police to prevent an escape; the person concerned then discovers the measure at the time of the check," the magistrate emphasizes.
This lack of notification is explained by the need to preserve the effectiveness of the investigation and to prevent any attempt at leakage.
A welcome clarification
In summary, Judge Mamadou Yakham Keïta concludes: "Notification is obligatory when it comes from the administrative authority; it is not when it comes from the judicial authority."
This contribution from the author of "TEG TEGGI TEKKI" provides important legal clarification on a measure often unknown to the general public, while recalling the guarantees offered to citizens depending on the framework in which it is taken.
Commentaires (35)
Puis que le prévenu n'est pas au courant, Pourquoi l'appeler "fuite" ça peut être simplement "voyage en dehors du pays" ou déplacement ou lieu de fuite
See More Information Here.====> https://Www.EarnApp1.Com
Va travailler connard.
Mr '' tu sais '' ne sais rien.
Sathieu alal Sénégal ba paré daw.
Participer à la Discussion
Règles de la communauté :
💡 Astuce : Utilisez des emojis depuis votre téléphone ou le module emoji ci-dessous. Cliquez sur GIF pour ajouter un GIF animé. Collez un lien X/Twitter ou TikTok pour l'afficher automatiquement.