Legislative reference in repressive matters

For more than a decade, international relations have been marked by the globalization of trade, which is characterized by the construction of economic areas. It is in this context that the OHADA treaty is conceived. OHADA intends to foster regional integration and promote the improvement of the business environment by organizing legal and judicial security. Indeed, the OHADA business criminal law enshrines the legislative referral method of the possibility left to the States-parties to determine the penalties in criminal matters through the national parliaments. OHADA business criminal law is marked by an option which, even if it seems original, nevertheless contains some inconsistencies from the point of view of criminal policy. In our opinion, this reference undermines the uniform character of OHADA law and the principle of legality of punishment, but it also has harmful consequences. It is within this framework that this work argues for the necessity and urgency of revising article 5 of the OHADA treaty which provides for this reference.