The Criminal Liability of Court Clerks in Benin

An in-depth analysis of the legal framework governing the criminal liability of court clerks in Benin reveals a regulatory system built around fundamental legal texts, but one whose application reveals gray areas that require structural reform. The first part of this thesis demonstrated that the Beninese legislature has laid the foundations for a legal framework that is objectively conducive to holding court clerks criminally liable. The Penal Code, the General Civil Service Statute, the Statute of Court Clerks, and the general principles of administrative law collectively define a coherent set of rules governing accountability. This framework not only enshrines the professional obligations of court clerks-including diligence, neutrality, integrity, and strict adherence to procedural standards-but also establishes a preventive mechanism of hierarchical oversight designed to screen prosecutions and prevent any exploitation of the office.However, the study conducted in the second part reveals that this mechanism, while adequate, remains technically open to improvement in its implementation, due both to regulatory gaps