Détournement présumé d'un milliard : Les lourdes qualifications pénales retenues contre Moussa Bocar Thiam
Former minister Moussa Bocar Thiam will have to answer before the High Court of Justice of Senegal for offenses deemed particularly serious under criminal law. The Law Commission of the National Assembly of Senegal has determined that the evidence in the case file reveals "serious indications and presumptions" justifying prosecution. Furthermore, the draft resolution impeaching the minister is currently being examined in plenary session at the National Assembly this Friday, February 27, 2026. Three main offenses are being investigated: criminal conspiracy, embezzlement of public funds, and money laundering.
Indeed, in the case examined by the deputies, the investigations mention the involvement of several actors, administrative officials and economic operators, in an alleged scheme which led to the issuance of checks and the mobilization of public funds outside of normal procurement procedures.
The charge of criminal conspiracy allows for the criminalization of the alleged organization's collective dimension. As for the embezzlement of public funds, this is the central offense in the case. The report reveals a significant discrepancy between the amounts disbursed and the estimated value of the work actually carried out at the Senegal Digital Technology Park. The technical assessments cited in the document quantify this discrepancy at over one billion CFA francs.
"Misappropriation of public funds refers to any theft or dissipation of funds belonging to the State by a person holding public authority or charged with a public service mission. In this case, the alleged acts were committed in the exercise of ministerial functions, which justifies the jurisdiction of the High Court of Justice, in accordance with Article 101 of the Constitution," the report states.
The third charge concerns money laundering, which is punishable under Senegalese law on combating money laundering and the financing of terrorism. This offense requires the existence of operations intended to conceal or give a legitimate appearance to funds derived from a prior offense. The report specifically mentions financial transactions and acquisitions of assets amounting to several hundred million CFA francs, elements considered likely to constitute money laundering if the primary offense were to be established.
It is important to remember, however, that an indictment does not constitute a conviction or an admission of guilt. It is the act by which the National Assembly authorizes the initiation of public prosecution before the High Court of Justice. It will then be up to this court to investigate the case, hear the various parties, and determine, through adversarial proceedings, whether the alleged offenses have been proven or not.
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