Test d'Accès au CFPA du Barreau du Mali

Under the Malian Code of Civil, Commercial and Social Procedure (CPCPS), what is the ordinary method of instituting an adversarial contentious civil action before a Tribunal de Grande Instance?

• AA verbal declaration made directly before the court clerk without prior notice
• BA writ of summons (assignation) served by a huissier de justice on the defendant
• CAn informal registered letter sent directly to the presiding judge
• DA petition filed unilaterally in the judge's private chambers

Which procedural defense must a defendant raise in limine litis (before any defense on the merits or plea of inadmissibility) to prevent it from being declared inadmissible under the Malian CPCPS?

• AA plea of lack of standing (défaut de qualité)
• BAn exception of territorial incompetence (exception d'incompétence territoriale)
• CA defense on the merits asserting extinctive prescription
• DA plea of lack of legal interest (défaut d'intérêt)

When may a litigant in Mali validly resort to summary proceedings (procédure de référé) before the President of the Tribunal?

• AWhenever the claimant desires a permanent ruling that carries final res judicata on the p…
• BIn urgent situations where provisional measures are required and the requested relief doe…
• CExclusively in criminal prosecutions where the defendant confesses guilt
• DOnly after a final judgment on the merits has been completely executed

What is the primary legal distinction between an exception de procédure and a fin de non-recevoir in Malian civil litigation?

• AAn exception de procédure permanently extinguishes the action, whereas a fin de non-recev…
• BAn exception de procédure attacks the regularity or timing of the procedure, while a fin…
• CAn exception de procédure is reserved exclusively for the public prosecutor, whereas priv…
• DBoth mechanisms are identical in timing, effect, and classification under the CPCPS

Under the Malian CPCPS, what legal consequence arises if a procedural act is afflicted with a defect of form (vice de forme) but causes no actual prejudice to the opposing party?

• AThe act is automatically null and void by operation of law without needing proof of harm
• BNullity for vice de forme cannot be pronounced unless the applicant proves that the irreg…
• CThe judge must order the immediate criminal arrest of the drafting bailiff
• DThe entire judicial proceeding is struck out permanently with prejudice

Which of the following constitutes an absolute defect of substance (vice de fond) entailing the nullity of a procedural act regardless of proof of prejudice?

• AA minor typographical spelling error in the name of the huissier's clerk
• BLack of legal capacity to act in justice (défaut de capacité d'ester en justice) by the p…
• CFailure to indicate the bailiff's business telephone number
• DDelivery of a summons on white paper instead of blue paper

In Malian civil litigation, what is the legal character of a judgment rendered when the defendant was not served in person (à personne) and failed to appear in court?

• AA judgment deemed adversarial (jugement réputé contradictoire)
• BA default judgment (jugement par défaut), which is subject to the recourse of opposition
• CAn unappealable consent decree
• DA provisional advisory opinion

What is the primary effect of filing a timely ordinary appeal (appel) against a final civil judgment on the merits in Malian law?

• AIt transfers the matter to the Supreme Court for immediate review of law only
• BIt exerts a suspensive effect on enforcement (unless provisional enforcement was ordered)…
• CIt instantly cancels the trial judgment and requires a complete retrial before the same t…
• DIt prevents the parties from presenting any new evidence or documentary exhibits

Under the OHADA Uniform Act on Simplified Recovery Procedures and Enforcement Measures (AUPSRVE), what document is indispensable before a creditor can levy forced execution upon a debtor's property?

• AAn informal promissory note signed by the debtor without notarization
• BAn enforceable title (titre exécutoire) establishing a certain, liquid, and due claim, wi…
• CA preliminary memorandum of understanding submitted to the police
• DA simple bank statement showing an unpaid check

Under revised AUPSRVE Article 49, which judicial authority hears disputes relating to compulsory enforcement or sequestration of movable property?

• AThe criminal investigating judge (juge d'instruction)
• BThe judge of execution disputes (juge de l'exécution / juridiction présidentielle statuan…
• CThe Minister of Justice acting through administrative decree
• DThe Council of State in administrative section

In the OHADA injunction to pay procedure (procédure d'injonction de payer), what is the statutory time limit for the debtor to file an opposition after receiving service of the order?

• A5 business days
• B10 days from service of the decision
• C3 months from the date of the underlying contract
• D1 year from default

What is the legal effect when a creditor executes a saisie-attribution de créances upon a bank holding funds belonging to the debtor under the AUPSRVE?

• AThe seized bank funds are immediately transferred to the huissier's personal account for…
• BThe seizure operates an immediate statutory assignment (effet attributif immédiat) of the…
• CThe debtor is granted an automatic 6-month debt moratorium on all personal obligations
• DThe bank account is permanently closed and forfeited to the state treasury

Within what mandatory statutory deadline must a saisie-attribution be formally notified (dénoncée) to the debtor by the bailiff under AUPSRVE rules?

• AWithin 8 days of service on the third-party garnishee, under penalty of nullity of the se…
• BWithin 6 months after the end of the judicial year
• CThere is no requirement to notify the debtor until after the funds are withdrawn
• DWithin 24 hours of filing the court petition

Which of the following assets is strictly exempt from seizure (insaisissable) under public policy provisions of Malian law and the AUPSRVE?

• ACommercial inventory held in excess of operating needs
• BOrdinary corporate shares traded on a regional stock exchange
• CBedding, clothing essential to the debtor and their family, and the statutory minimum wag…
• DRental income derived from secondary commercial properties

When can a creditor execute a conservatory seizure (saisie conservatoire) without prior judicial authorization under the AUPSRVE?

• AWhenever the creditor is a foreign multinational corporation
• BWhen the creditor holds an enforceable title or an accepted bill of exchange, promissory…
• CWhenever the claim exceeds 100,000,000 FCFA regardless of documentation
• DUnder no circumstances, as every conservatory seizure requires a prior court order

What happens if a creditor who practiced a saisie conservatoire with judicial authorization fails to introduce an action on the merits within one month of the seizure?

• AThe seizure is automatically converted into a definitive seizure and auction
• BThe conservatory seizure is null and void and lapses (caduque) by operation of law
• CThe debtor is sentenced to civil imprisonment for failure to negotiate
• DThe court president must extend the seizure indefinitely without hearing the debtor

In Malian civil procedure, what is the nature of an extraordinary appeal by tierce opposition?

• AAn appeal open only to the original claimant against their own initial petition
• BA recourse open to any third party who was not represented in the proceedings and whose r…
• CAn administrative request addressed directly to the head of state to pardon a civil debt
• DA motion filed exclusively by the Ministry of Economy to collect unpaid tax penalties

Under Malian law, what is the role and scope of the Cour Suprême du Mali in reviewing civil judgments?

• AIt re-hears witnesses and conducts a brand new assessment of the facts and values of evid…
• BIt serves as a court of cassation that controls the correct interpretation and applicatio…
• CIt acts solely as an advisory body to the government on draft commercial contracts
• DIt only hears disputes involving monetary claims under 1,000,000 FCFA

What is the legal effect of a situation where two distinct Malian courts of equal competence are concurrently seized of the exact same dispute involving the same parties, causes, and claims?

• ALitispendence (litispendance), requiring the second court seized to decline jurisdiction…
• BConnexity (connexité), requiring both courts to merge into a single supreme chamber
• CAutomatic dismissal of both actions with immediate loss of substantive rights
• DImmediate arbitration conducted by the Bar Association Bâtonnier

What is required for a Malian civil court to declare a claim inadmissible on the ground of res judicata (autorité de la chose jugée)?

• AMerely showing that the opposing party lost an unrelated lawsuit three years ago
• BIdentity of the parties, identity of the cause (legal basis), and identity of the object…
• CA verbal statement from a magistrate that the case seems familiar
• DProof that both litigants belong to the same professional guild

In Malian real property enforcement (saisie immobilière) under the AUPSRVE, which document initiates the formal execution proceedings against the debtor's registered real estate?

• AA commandement aux fins de saisie immobilière served by a huissier and published at the l…
• BAn informal text message from the lender's loan officer
• CA preliminary memorandum of understanding signed before the village chief
• DA handwritten letter deposited at the municipality office

Under Article 28 of the revised OHADA enforcement Act, when may compulsory enforcement ordinarily be pursued?

• AWhenever a creditor makes an unwritten allegation, even without an enforceable title
• BOn the basis of an enforceable title establishing a certain, liquid, and due claim
• COnly after the debtor has been convicted of a crime
• DOnly when the court clerk agrees to pay the debt personally

What principle governs the burden of proof (charge de la preuve) in a Malian civil action under general civil law principles?

• AThe defendant must prove their innocence before the claimant produces any evidence
• BActori incumbit probatio: the party claiming the performance of an obligation must prove…
• CThe judge must independently finance and gather all evidence without the parties' partici…
• DThe claimant is exempt from providing evidence if their claim is morally compelling

Which legal remedy is available against an ex parte order on petition (ordonnance sur requête) rendered in civil matters in Mali?

• ADirect cassation to the Common Court of Justice and Arbitration (CCJA)
• BAn application for retraction (demande en rétractation) brought before the very judge who…
• CImmediate disciplinary complaint against the bailiff who served the order
• DA criminal complaint for prevarication against the court clerk

Under what circumstance may a Malian trial judge order provisional enforcement (exécution provisoire) of a judgment notwithstanding an appeal?

• AWhenever the winning litigant is a personal acquaintance of the court president
• BWhen provisional enforcement is mandated by statute or deemed urgent and compatible with…
• COnly when the losing defendant expressly waives all procedural rights
• DUnder no circumstances, because appeal always automatically suspends execution in every c…

Under the Malian Penal Code (Loi n°2024-027), what is the tripartite classification of criminal offenses according to their severity and applicable penalties?

• AAdministrative infractions, civil torts, and military indiscretions
• BCrimes, délits, and contraventions
• CPetty offenses, high treasons, and economic defaults
• DMisdemeanours, felonies, and municipal fines

What two conditions must simultaneously exist for an attempted crime (tentative punissable) to be punishable under the Malian Penal Code?

• AA mere criminal thought and an oral confession to friends
• BA commencement of execution (commencement d'exécution) and a failure to complete the offe…
• CA financial payment to a third party and subsequent voluntary repentance before taking an…
• DA civil lawsuit and a simultaneous administrative inquiry

Under Malian criminal law, what is the legal effect when an individual acts in a state of legitimate defense (légitime défense)?

• AThe act remains an offense but the sentence is reduced by half
• BThe act is legally justified (fait justificatif), completely removing criminal culpabilit…
• CThe individual is sentenced to mandatory community service
• DThe victim is automatically deported

Under the Malian Code of Criminal Procedure (Loi n°2024-028), what is the maximum initial statutory duration of police custody (garde à vue) for ordinary offenses, and under what condition may it be extended?

• A24 hours, renewable indefinitely without notice
• B48 hours, extendable once by no more than 24 hours on written, reasoned authorization fro…
• C10 days with no need for prosecutorial oversight
• D12 hours, renewable once by verbal decision of any police officer

What critical right must be notified to any detained suspect from the very first hour of police custody (garde à vue) under Malian criminal procedure and regional human rights standards?

• AThe right to choose the judge who will conduct the trial
• BThe right to remain silent, to be examined by a physician, to inform a relative, and to c…
• CThe right to immediate release if they pay cash bail directly to the investigating police…
• DThe right to demand an immediate public radio broadcast of their statement

Between what legal hours may judicial searches and seizures in private domiciles (perquisitions domiciliaires) be conducted by judicial police officers in Mali, outside statutory exceptions?

• ABetween 6:00 AM and 9:00 PM (06h00 et 21h00)
• BExclusively between midnight and 4:00 AM
• CAt any hour of the day or night without restriction in all ordinary cases
• DBetween 8:00 AM and 12:00 PM only on weekends

What is the primary judicial function of the Juge d'Instruction (investigating judge) during the preliminary judicial investigation (information judiciaire) in Mali?

• ATo represent the prosecution and secure a conviction at all costs
• BTo instruct objectively both for and against the accused (instruire à charge et à décharg…
• CTo pronounce the final criminal sentence and determine damages without trial
• DTo execute all civil property seizures on behalf of private creditors

Which judicial warrant issued by an investigating judge directs the public force to apprehend the suspect immediately and conduct them directly to a detention facility (maison d'arrêt)?

• AA summons to appear (mandat de comparution)
• BAn order of committal / arrest warrant (mandat de dépôt ou mandat d'arrêt)
• CA notice of civil debtor interrogation
• DA commercial bankruptcy injunction

What order must an investigating judge issue when the investigation reveals that the alleged facts do not constitute an offense, or that no sufficient evidence exists against the charged person?

• AAn order of immediate execution (ordonnance d'exécution forcée)
• BAn order of no-case-to-answer / dismissal (ordonnance de non-lieu)
• CAn order of referral to the criminal trial court (ordonnance de renvoi)
• DAn interlocutory injunction for public rehabilitation

Under Mali's 2024 Code of Criminal Procedure, which body reviews appeals against appealable orders of the Juge d'Instruction?

• AThe Supreme Commercial Tribunal
• BThe Chambre de Contrôle de l'Instruction
• CThe Disciplinary Council of the Bar Association
• DThe Regional Labor Court

What is the statutory limitation period (prescription de l'action publique) for the prosecution of ordinary délits in Malian criminal law, unless an interrupting act intervenes?

• A1 year
• B3 years
• C7 years
• D10 years

How may a victim of a criminal délit directly initiate criminal proceedings before the trial court without prior preliminary investigation in Mali?

• ABy serving a direct summons (citation directe) on the accused through a huissier de justi…
• BBy publishing an anonymous advertisement in a local daily newspaper
• CBy filing a complaint before the Constitutional Court
• DBy sending a private letter to the president of the Bar

What principle precludes an individual from being criminally prosecuted or punished twice for the exact same criminal facts once a final decision has been rendered?

• AThe principle of adversarial debate (principe du contradictoire)
• BThe principle of non bis in idem (ne bis in idem / autorité de la chose jugée au pénal)
• CThe principle of retroactive lex mitior
• DThe principle of discretionary prosecution (opportunité des poursuites)

What is the legal consequence in Malian criminal procedure when evidence is obtained through torture, inhumane treatment, or gross violation of rights of defense?

• AThe evidence is admitted provided the investigating officer signs a declaration of good f…
• BThe evidence and any proceedings directly resulting from it are tainted with nullity and…
• CThe defendant receives a small monetary fine to compensate the court
• DThe evidence is sent to the civil court for commercial evaluation

In Malian penal law, how is an accomplice (complice) defined and punished in relation to the principal author of an offense?

• AAn accomplice is always acquitted if the principal author confesses
• BAn accomplice who knowingly provoked, gave instructions, or provided means used in the of…
• CAn accomplice is strictly liable only for civil damages, never for criminal punishment
• DAn accomplice can only be sentenced to an administrative warning

Under Article 477 of Mali's 2024 Code of Criminal Procedure, which formation tries crimes at first instance?

• AThe Tribunal de Police
• BThe Chambre criminelle of the competent Tribunal de Grande Instance
• CThe Justice de Paix à Compétence Étendue acting as a civil chamber
• DThe Commercial Registry Tribunal

Under the principle of presumption of innocence in Malian criminal procedure, who bears the burden of establishing the defendant's guilt?

• AThe accused, who must prove they were elsewhere when the offense occurred
• BThe public prosecution (Ministère Public)
• CThe court clerk who recorded the minutes
• DThe defense lawyer, who must show that another person committed the offense

What is the legal effect when an accused person invokes an insurmountable physical constraint or absolute force majeure during the commission of an alleged criminal act?

• AIt constitutes a cause of non-imputability (cause de non-imputabilité / contrainte), excl…
• BIt automatically doubles the applicable criminal fine
• CIt requires the immediate arrest of all family members of the accused
• DIt is completely inadmissible in all criminal matters

What is the status of defense counsel (avocat) during a suspect's interrogation before the Juge d'Instruction in Mali?

• ACounsel may only attend if the suspect confesses in advance
• BCounsel has the right to access the case file beforehand, attend the interrogation, and a…
• CCounsel can only submit written notes after the suspect is convicted
• DCounsel is strictly excluded from all investigative proceedings

What is the legal nature of pre-trial detention (détention préventive) in Malian criminal procedure?

• AAn automatic penalty imposed on anyone charged with any offense
• BAn exceptional provisional measure strictly governed by statutory criteria (public order,…
• CA commercial security interest over the suspect's person
• DA permanent sanction that cannot be revoked prior to trial

What is the role of the Ministère Public (Parquet) during a criminal trial before the Tribunal Correctionnel in Mali?

• ATo remain strictly silent and allow the victim to handle the entire prosecution
• BTo represent society, exercise public action, request the application of the law, and see…
• CTo serve as defense counsel for the defendant
• DTo render the final verdict and sentence

Under what circumstance does the criminal offense of flagrant délit exist in Malian law?

• AWhen the offense was committed twenty years ago and forgotten
• BWhen the offense is currently being committed, has just been committed, or the perpetrato…
• CExclusively when the suspect sends a signed confession by post
• DWhenever a civil lawsuit is filed in a land dispute

What is the effect of a law granting amnesty for specified past offenses in Mali?

• AIt completely extinguishes the criminal action and retroactive penal conviction, wiping o…
• BIt merely postpones execution of the prison term by twelve months
• CIt transfers the convicted person to a civil debtor's prison
• DIt awards financial damages to the public prosecutor