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CODE PENAL

FIRST PART. – ENACTED PARTS

BOOK I.

GENERAL PROVISIONS

TITLE I. – THE CRIMINAL LAW

CHAPTER I. – GENERAL PRINCIPLES

ARTICLE 111-1

Criminal offences are categorised as according to their seriousness as felonies, misdemeanours or petty offences.

ARTICLE 111-2

Statute defines felonies and misdemeanours and determines the penalties applicable to their perpetrators.

Regulations define petty offences and determine the penalties applicable to those who commit them, within the limits and according to the distinctions established by law.

ARTICLE 111-3

No one may be punished for a felony or for a misdemeanour whose ingredients are not defined by law, nor for a petty offence whose ingredients are not defined by a regulation.

No one may be punished by a penalty which is not provided for by the law, if the offence is a felony or a misdemeanour, or by a regulation, if the offence is a petty offence.

ARTICLE 111-4

Criminal laws are to be construed strictly.

ARTICLE 111-5

Criminal courts have jurisdiction to interpret administrative decisions of a regulatory or individual nature, and to appreciate their legality where the solution to the criminal case they are handling depends upon such examination.

CHAPTER II. – OF THE OPERATIVE PERIOD OF A CRIMINAL LAW

Article 112-1

Conduct is only punishable where it constituted a criminal offence at the time when it took place.

Only those penalties legally applicable at the same date may be imposed.

However, new provisions are applicable to offences committed before their coming into force and which have not led to a res judicata sentence, when they are less severe than the previous provisions.

ARTICLE 112-2

The following are immediately applicable to the repression of offences committed before their coming into force:

    1° laws governing jurisdiction and judicial organisation, provided no first instance judgment on the issue has been pronounced;

    2° laws determining the modes of prosecution and procedural formalities;

    3° laws governing the execution and enforcement of penalties; however, where they would result in making the penalties imposed by the sentence harsher, such laws will only be applicable to offences committed after their coming into force.;

    4° where the limitation period has not expired, laws governing the limitation of the public prosecution and the limitation of penalties, except where they would worsen the situation of the person concerned.

ARTICLE 112-3

Laws governing the type and availability of means of review, as well as time-limits within which they are to be instituted and the legal capacity of persons allowed to apply are applicable to remedies sought against decisions passed after their coming into force. Remedies are covered by rules as to formalities which are in force at the time they are sought.

ARTICLE 112-4

The immediate application of a new law shall not affect the validity of procedural steps carried out in accordance with any previous law.

However, the penalty ceases to be enforceable where it was imposed for a matter which, in consequence of any law enacted after the judgment was passed, no longer amounts to a criminal offence.

CHAPTER III. – OF THE TERRITORIAL APPLICABILITY OF A CRIMINAL LAW

Article 113-1

For the application of the present Chapter, the territory of the Republic shall include the territorial waters and air space which are attached to it.

SECTION 1. – OFFENCES COMMITTED OR DEEMED TO HAVE BEEN COMMITTED ON THE TERRITORY OF THE FRENCH REPUBLIC

ARTICLE 113-2

French Criminal law is applicable to all offences committed on the territory of the French Republic.

An offence is deemed to have been committed on the territory of the French Republic where one of its constituent elements was committed on that territory.

ARTICLE 113-3

French Criminal law is applicable to offences committed on board ships flying the French flag, or committed against such ships, wherever they may be. It is the only applicable law in relation to offences committed on board ships of the national navy, or against such ships, wherever they may be.

ARTICLE 113-4

French Criminal law is applicable to offences committed on board aircraft registered in France, or committed against such aircraft, wherever they may be. It is the only applicable law in relation to offences committed on board French military aircraft, or against such aircraft, wherever they may be.

ARTICLE 113-5

French criminal law is applicable to any person who, on the territory of the French Republic, is guilty as an accomplice to a felony or misdemeanour committed abroad if the felony or misdemeanour is punishable both by French law and the foreign law, and if it was established by a final decision of the foreign court.

SECTION 2. – OFFENCES COMMITTED OUTSIDE THE TERRITORY OF THE FRENCH REPUBLIC

ARTICLE 113-6

French criminal law is applicable to any felony committed by a French national outside the territory of the French Republic.

It is applicable to misdemeanours committed by French nationals outside the territory of the French Republic if the conduct is punishable under the legislation of the country in which it was committed.

The present article applies although the offender has acquired the French nationality after the commission of the offence of which he is accused.

ARTICLE 113-7

French Criminal law is applicable to any felony, as well as to any misdemeanour punished by imprisonment, committed by a French or foreign national outside the territory of the French Republic, where the victim is a French national at the time the offence took place.

ARTICLE 113-8

In the cases set out under Articles 113-6 and 113-7, the prosecution of misdemeanours may only be instigated at the behest of the public prosecutor. It must be preceded by a complaint made by the victim or his successor, or by an official accusation made by the authority of the country where the offence was committed.

ARTICLE 113-9

In the cases set out under articles 113-6 and 113-7 no prosecution may be initiated against a person who establishes that he was subject to a final decision abroad for the same offence and, in the event of conviction, that the sentence has been served or extinguished by limitation.

ARTICLE 113-10

Act no. 2001-1168 of 11 December 2001 Article 17 Official Journal 12 December 2001

French criminal law applies to felonies and misdemeanours defined as violations of the fundamental interests of the nation and punishable under Title I of Book IV, to forgery and counterfeiting of State seals, of coins serving as legal tender, banknotes or public papers punishable under Articles 442-1, 443-1 and 444-1, and to any felony or misdemeanour against French diplomatic or consular agents or premises committed outside the territory of the French Republic.

ARTICLE 113-11

Inserted by Act no. 92-1336 of 16 December art 340 Official Journal 23 December 1992 into force on 1 March 1994

Subject to the provisions of article 113-9, French Criminal law is applicable to felonies and misdemeanours committed on board or against aircraft not registered in France:

    1° where the perpetrator or victim is a French national;

    2° where the aircraft lands in France after the commission of the felony or misdemeanour;

    3° where the aircraft was leased without crew to a natural or legal person whose main place of business, or failing this, whose permanent residence is on French territory.

In the case provided for in 1° above, the nationality of the perpetrator or victim of the offence is determined in accordance with article 113-6, last paragraph, and article 113-7.

ARTICLE 113-12

Inserted by Act no. 96-151 of 26 December 1996 art 9 Official Journal of 27 February 1996

French Criminal law is applicable to offences committed beyond territorial waters, when international conventions and the law provide for it.

The present article is applicable in the overseas territories, New Caledonia and the territorial collectivity of Mayote.

TITLE II. – OF CRIMINAL LIABILITY

CHAPTER I. – GENERAL PROVISIONS

Article 121-1

No one is criminally liable except for his own conduct.

ARTICLE 121-2

Act no. 2000-647 of 10 July art 8 Official Journal of 11 July 2000

Juridical persons, with the exception of the State, are criminally liable for the offences committed on their account by their organs or representatives, according to the distinctions set out in articles 121-4 and 121-7 and in the cases provided for by statute or regulations.

However, local public authorities and their associations incur criminal liability only for offences committed in the course of their activities which may be exercised through public service delegation conventions.

The criminal liability of legal persons does not exclude that of the natural persons who are perpetrators or accomplices to the same act, subject to the provisions of the fourth paragraph of article 121-3.

ARTICLE 121-3

Act no. 1996-393 of 13 May 1996 Article 1 Official Journal of 14 May 1996; Act no. 2000-647 of 10 July article 1 Official Journal of 11 July 2000

There is no felony or misdemeanour in the absence of an intent to commit it.

However, the deliberate endangering of others is a misdemeanour where the law so provides.

A misdemeanour also exists, where the law so provides, in cases of recklessness, negligence, or failure to observe an obligation of due care or precaution imposed by any statute or regulation, where it is established that the offender has failed to show normal diligence, taking into consideration where appropriate the nature of his role or functions, of his capacities and powers and of the means then available to him.

In the case as referred to in the above paragraph, natural persons who have not directly contributed to causing the damage, but who have created or contributed to create the situation which allowed the damage to happen who failed to take steps enabling it to be avoided, are criminally liable where it is shown that they have broken a duty of care or precaution laid down by statute or regulation in a manifestly deliberate manner, or have committed a specified piece of misconduct which exposed another person to a particularly serious risk of which they must have been aware.

There is no petty offence in the event of force majeure.

ARTICLE 121-4

The perpetrator of an offence is the person who:

    1° commits the criminally prohibited act;

    2° attempts to commit a felony or, in the cases provided for by Statute, a misdemeanour.

ARTICLE 121-5

An attempt is committed where, being demonstrated by a beginning of execution, it was suspended or failed to achieve the desired effect solely through circumstances independent of the perpetrator’s will.

ARTICLE 121-6

The accomplice to the offence, in the meaning of article 121-7, is punishable as a perpetrator.

ARTICLE 121-7

The accomplice to a felony or a misdemeanour is the person who knowingly, by aiding and abetting, facilitates its preparation or commission.

Any person who, by means of a gift, promise, threat, order, or an abuse of authority or powers, provokes the commission of an offence or gives instructions to commit it, is also an accomplice.

CHAPTER II. – GROUNDS FOR ABSENCE OR ATTENTUATION OF LIABILITY

Article 122-1

A person is not criminally liable who, when the act was committed, was suffering from a psychic or neuropsychic disorder which destroyed his discernment or his ability to control his actions.

A person who, at the time he acted, was suffering from a psychic or neuropsychic disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime.

ARTICLE 122-2

A person is not criminally liable who acted under the influence of a force or constraint which he could not resist.

ARTICLE 122-3

A person is not criminally liable who establishes that he believed he could legitimately perform the action because of a mistake of law that he was not in a position to avoid.

ARTICLE 122-4

A person is not criminally liable who performs an act prescribed or authorised by legislative or regulatory provisions.

A person is not criminally liable who performs an action commanded by a lawful authority, unless the action is manifestly unlawful.

ARTICLE 122-5

A person is not criminally liable if, confronted with an unjustified attack upon himself or upon another, he performs at that moment an action compelled by the necessity of self-defence or the defence of another person, except where the means of defence used are not proportionate to the seriousness of the offence.

A person is not criminally liable if, to interrupt the commission of a felony or a misdemeanour against property, he performs an act of defence other than wilful murder, where the act is strictly necessary for the intended objective the means used are proportionate to the gravity of the offence.

ARTICLE 122-6

A person is presumed to have acted in a state of self-defence if he performs an action

    1° to repulse at night an entry to an inhabited place committed by breaking in, violence or deception;

    2° to defend himself against the perpetrators of theft or plunder carried out with violence.

ARTICLE 122-7

A person is not criminally liable if confronted with a present or imminent danger to himself, another person or property, he performs an act necessary to ensure the safety of the person or property, except where the means used are disproportionate to the seriousness of the threat.

ARTICLE 122-8

Minors who have been found guilty of criminal offences are subject to protection, assistance, supervision and education according to the conditions laid down by specific legislation.

This legislation shall also determine the conditions in which the sentences may be imposed upon minors over thirteen years of age.

TITLE III. – OF PENALTIES

CHAPTER I. – OF THE NATURE OF PENALTIES

SECTION 1. – PENALTIES APPLICABLE TO NATURAL PERSONS

SUB-SECTION 1. – PENALTIES FOR FELONIES

ARTICLE 131-1

The penalties incurred by natural persons for the commission of felonies are:

    1° criminal imprisonment for life or life criminal detention;

    2° criminal imprisonment or criminal detention for a maximum of thirty years;

    3° criminal imprisonment or criminal detention for a maximum of twenty years;

    4° criminal imprisonment or criminal detention for a maximum of fifteen years.

The minimum period for a fixed term of criminal imprisonment or criminal detention is ten years.

ARTICLE 131-2

The penalties of criminal imprisonment or criminal detention do not preclude the imposition of a fine and of one or more of the additional penalties set out under article 131-10.

SUB-SECTION 2. – OF PENALTIES FOR MISDEMEANOURS

ARTICLE 131-3

The penalties incurred by natural persons for the commission of misdemeanours are:

    1° imprisonment;

    2° a fine;

    3° a day-fine;

    4° community service;

    5° penalties entailing a forfeiture or restriction of rights, set out under article 131-6;

    6° the additional penalties set out under article 131-10.

ARTICLE 131-4

The scale of sentences of imprisonment is as follows:

    1° a maximum of ten years;

    2° a maximum of seven years;

    3° a maximum of five years;

    4° a maximum of three years;

    5° a maximum of two years;

    6° a maximum of one year;

    7° a maximum of six months.

ARTICLE 131-5

Act no. 200-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

Where a misdemeanour is punishable by imprisonment, the court may order a day-fine. This requires the convicted person to pay the Treasury of a sum, the total amount of which is a daily contribution determined by the judge, multiplied by a certain number of days. The amount of each day-fine is determined by taking into account the income and expenses of the accused. It may not exceed € 300. The number of day-fines is determined by taking into account the circumstances of the offence; it may not exceed three hundred and sixty.

ARTICLE 131-6

Act no. 92-1336 of 16 December 1992 Article 341 and 373 Official Journal of 23 December 1992 into force 1 March 1994

Where a misdemeanour is punishable by a sentence of imprisonment, one or more of the following penalties entailing forfeiture or restriction of rights may be imposed:

    1° the suspension of a driving licence for a maximum period of five years. This suspension may be restricted to the driving of a vehicle outside professional activities, pursuant to conditions to be determined by a Decree in the Conseil d’État;

    2° prohibition to drive certain vehicles for a period not exceeding five years;

    3° the cancellation of the driving licence together with the prohibition to apply for the a new licence to be issued for a period not exceeding five years;

    4° confiscation of one or more vehicles belonging to the convicted person;

    5° immobilisation of one or more vehicles belonging to the convicted person pursuant to conditions determined by a Decree of the Conseil d’État for a maximum period of one year;

    6° prohibition to hold or carry a weapon for which a permit is needed; such a prohibition may not be imposed for more than five years;

    7° confiscation of one or more weapons belonging to the convicted person or which are freely available to him;

    8° withdrawal of a hunting licence, together with a prohibition to apply for a new licence; such a prohibition may not be imposed for more than five years;

    9° the prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum duration of five years;

    10° confiscation of the thing which was used in or was intended for the commission of the offence, or of the thing which is the product of it. However, this confiscation may not be imposed for a press misdemeanour;

    11° prohibition, for a maximum period of five years, to exercise any professional or social activity where the facilities afforded by such activity have knowingly been used to prepare or commit the offence. Such a prohibition are not applicable to the holding of an electoral mandate or union stewardship, nor may it be imposed for a press misdemeanour.

ARTICLE 131-7

The penalties entailing a forfeiture or restriction or rights enumerated under article 131-6 may also be imposed for misdemeanours which are only punishable by a fine.

ARTICLE 131-8

Where a misdemeanour is punishable by a sentence of imprisonment, the court may order the convicted person to perform, for a period of forty to two hundred and forty hours, unpaid community service work in the interest of a public law body or of an association accredited to set up community service work.

Community service work may not be imposed upon an accused who refuses or who is not present at the hearing. The president of the court, before passing the sentence, must inform the summoned person of his right to refuse to perform community service work and record his response.

ARTICLE 131-9

Imprisonment may not be imposed cumulatively with any of the penalties entailing forfeiture or restriction set out under article 131-6, nor with community service.

In the case provided for by article 131-7, a fine or a day-fine may not be imposed together  with any of the penalties entailing forfeiture or restriction of rights set out under article 131-6.

Penalties entailing forfeiture or restriction of rights enumerated under article 131-6 may be imposed cumulatively; nor may they be imposed cumulatively with community service.

Community service and a fine or day-fine may not be imposed cumulatively.

A day-fine may not be imposed together with a fine.

SUB-SECTION 3. – ADDITIONAL PENALTIES FOR CERTAIN FELONIES OR MISDEMEANOURS

ARTICLE 131-10

Act no. 1998-468 of 17 June 1998 Article 5 Official Journal of 18 June 1998

Where the law so provides, a felony or a misdemeanour may be punished by one or more additional penalties sanctioning natural persons which entail prohibition, forfeiture, incapacity or withdrawal of a right, the impounding or confiscation of a thing, the compulsory closure of an establishment, posting a public notice of the decision or disseminating the decision in the press or by broadcasting.

ARTICLE 131-11

Where a misdemeanour is punishable by one or more of the additional penalties enumerated under article 131-10, the court may decide to impose as a main sentence one or more of the additional penalties.

SUB-SECTION 4. – OF PENALTIES FOR PETTY OFFENCES

ARTICLE 131-12

The penalties incurred by natural persons for the commission of petty offences are:

    1° a fine

    2° the penalties entailing a forfeiture or restriction or rights set out under article 131 1-14.

These penalties do not preclude the imposition of one or more of the additional penalties set out under articles 131-16 and 131-17.

ARTICLE 131-13

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

The amount of a fine is as follows:

    1° a maximum of € 38 for the petty offences of the first class;

    2° a maximum of € 150 for petty offences of the second class;

    3° a maximum of € 450 for petty offences of the third class;

    4° a maximum of € 750 for petty offences of the fourth class;

    5° a maximum of € 1,500 for petty offences of the fifth class; an amount which may be increased to € 3,000 in the case of a persistent offender where the regulation so provides.

ARTICLE 131-14

In relation to any petty offence of the fifth class one or more of the following penalties entailing forfeiture or restriction of rights may be imposed:

    1° suspension of a driving licence for a maximum duration of one year. This suspension may be restricted to the driving of a vehicle outside professional activities;

    2° immobilisation of one or more vehicles belonging to the convicted person, for a maximum period of six months;

    3° confiscation of one or more weapons belonging to the convicted person or freely available to him;

    4° withdrawal of a hunting licence, together with a prohibition to apply for the issue of a new licence for a maximum period of one year;

    5° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum period of five years;

    6° confiscation of the thing which was used or was intended for the commission of the offence, or of the thing which is the product of it. However, this confiscation may not be imposed for a press misdemeanour.

ARTICLE 131-15

A fine may not be imposed together with one of the penalties entailing forfeiture or restriction of rights enumerated under article 131-14.

Penalties entailing forfeiture or restriction of rights enumerated under this article may be imposed cumulatively.

ARTICLE 131-16

Where the offender is a natural person, the regulation which sanctions a petty offence may provide for one or more of the following additional penalties:

    1° suspension of a driving licence for a maximum period of three years. This suspension may be restricted to the driving of a vehicle outside professional activities;

    2° prohibition to hold or carry a weapon for which a permit is needed, for a maximum period of three years;

    3° confiscation of one or more weapons which the convicted person owns or which is freely available to him;

    4° withdrawal of a hunting licence, together with a prohibition to apply for the granting of a new licence, for a maximum period of three years;

    5° confiscation of the thing which used or intended to be used for the commission of the offence, or of the thing which is its product.

ARTICLE 131-17

The regulation which sanctions a petty offence of the fifth class may also provide the additional penalty of prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of three years.

The regulation which sanctions a petty offence of the fifth class may also provide, as an additional penalty, the imposition of community service for a period of twenty to a hundred and twenty hours.

ARTICLE 131-18

Where a petty offence is punishable by one or more of the additional penalties referred to under articles 131-16 and 131-17, the court may decide to impose only the additional penalty, or one or more of the additional penalties.

SUB-SECTION 5. – THE CONTENTS AND MODES OF IMPLEMENTATION OF CERTAIN PENALTIES

ARTICLE 131-19

Prohibition to draw cheques entails for the convicted person the mandatory obligation to return all the forms in his possession or in the possession of his agents to the banker who issued them.

Where this prohibition is incurred as an additional penalty for a felony or misdemeanour, it may not exceed five years.

ARTICLE 131-20

The prohibition to use credit cards entails for the convicted person the mandatory obligation to return the cards in his possession or in the possession of his agents to the banker who issued them.

Where that prohibition is incurred as an additional penalty for a felony or misdemeanour, it may not exceed five years.

ARTICLE 131-21

Act no. 92-1336 of 16 December 1992 Articles 342, 343 and 373 Official Journal of 23 December 1992 into force 1 March 1994

Confiscation is mandatory for the articles defined as dangerous or noxious by statute or by regulations.

Confiscation affects the thing which was used or intended for the commission of the offence or of the thing which is its product, except for articles subject to restitution. It may also  relate to any movable defined by the statutes or the regulations sanctioning the offence.

The subject-matter of an offence is treated as a thing used for the commission of the offence or the product of an offence within the meaning of paragraph two above.

Where the thing confiscated has not been seized or cannot be produced, compensation is imposed in value. For the recovery of the sum representing the value of the thing confiscated, the provisions governing imprisonment for non-payment of public debts apply.

The thing confiscated devolves to the State, except where a specific provision prescribes its destruction or its attribution, but remains encumbered up to its full value with any proprietary right lawfully created in favour of third parties.

ARTICLE 131-22

Act no. 92-1336 of 16 December 1992 Articles 342 and 373 Official Journal of 23 December 1992 into force 1 March 1994

A court imposing community service shall determine the period within which the community service work is to be performed, which shall not exceed eighteen months. The period expires on the completion of the entire work. It may be temporarily suspended for serious grounds of a medical, family, professional or social nature.  The period is suspended for the time during which the convicted person is imprisoned, or while he discharges the duties of national service.

The method of execution of the duty to perform community service and the suspension of the period set out in the previous paragraph are decided by the penalty enforcement judge within whose territorial jurisdiction the convicted person has his usual residence, or where he does not have a usual residence in France, by the penalty enforcement judge attached to the court that decided the case at first instance.

During the period provided for by the present article, the convicted person must comply with the supervision measures set out under article 132-55.

ARTICLE 131-23

Community service work is governed by the legal and regulatory prescriptions concerning night work, hygiene and security, as well as those relating to women and young persons at work. Community service work may be executed at the same time as a professional activity.

ARTICLE 131-24

The State is answerable for the damage or portion of damage which is cuased to a third party by a convicted person and which directly results from the implementation of a decision carrying the obligation to perform community service.

The State is subrogated as of right to the claims of the victim.

Proceedings for damages or indemnification are brought before the judicial courts.

ARTICLE 131-25

Where a day-fine was imposed the total sum is payable upon expiry of the period corresponding to the number of day-fines imposed.

Total or partial failure to pay that amount may lead to the imprisonment of the convicted person for a time equal to half the number of unpaid day-fines. The procedure is as for imprisonment for non-payment of public debts. Detention so imposed follows the regime of custodial sentences.

ARTICLE 131-26

Forfeiture of civic, civil and family rights covers:

    1° the right to vote;

    2° the right to be elected;

    3° the right to hold a judicial office, or to give an expert opinion before a court, or to represent or assist a party before a court of law;

    4° the right to make a witness statement in court other than a simple declaration;

    5° the right to be tutor or curator; this prohibition does not preclude the right to become a tutor or a curator of one’s own children, after obtaining the guardianship judge’s approval, and after having heard the family council.

Forfeiture of civic, civil and family rights may not exceed a maximum period of ten years in the case of a sentence imposed for a felony and a maximum period of five years in the case of a sentence imposed for a misdemeanour.

The court may impose forfeiture of all or part of these rights.

The forfeiture of the right to vote or to be elected imposed pursuant to the present Article also entails prohibition or incapacity to hold public office

ARTICLE 131-27

Where it is incurred as an additional penalty for a felony or a misdemeanour, the prohibition to exercise a public office or a professional or social activity is either permanent or temporary. In the latter case, the prohibition may not exceed a term of five years.

This prohibition may not be enforced against the discharge of an electoral mandate or union stewardship. Nor is it applicable for a press misdemeanour.

ARTICLE 131-28

The prohibition to exercise a professional or social activity may affect either the professional or social activity in the exercise of which, or on the occasion of which, the offence was committed, or any other professional or social activity defined by the law punishing the offence.

ARTICLE 131-29

Where the prohibition to exercise all or part of the rights enumerated under article 131-26 or the prohibition to exercise a public office or a social or professional activity are imposed together with an immediate custodial sentence, these sanctions are enforceable from the beginning of this sentence and they continue for the length of time determined by the decision, from the day when the custodial sentence ends.

ARTICLE 131-30

Act no. 93-1278 of 24 August 1993 Article 33 Official Journal of 29 August 1993; Act no. 1997-396 of 24 April Article 16 Official Journal of 25 April 1997; Act no. 1998-349 of 11 May 1998 Article 37 Official Journal of 12 May 1998

Where it is provided for by Statute, banishment from French territory may be ordered, either permanently or for a maximum period of ten years, against any alien convicted of a felony or a misdemeanour.

Banishment from French territory automatically involves removal of the convicted person to the frontier, after serving the term of the correctional criminal imprisonment, if there is one.

Where the banishment from the territory is imposed together with an immediate custodial sentence, its enforcement is suspended during the execution of the sentence. It resumes from the day when the custodial sentence has ended, for the length of time determined by the convicting judgment.

The court may only order banishment from French territory by a specifically reasoned judgment dealing with the seriousness of the offence and the personal and familial situation of the foreign convicted person, where the case concerns:

    1° a convicted foreign father or mother of a French child residing in France, provided that the parent exercises, even if only in part, parental authority over that child or effectively attends to its needs;

    2° a convicted foreigner who has been married to a French national for at least a year, provided that the marriage was concluded prior to the offence that led to his conviction, that the community of marital life has not ceased and that the spouse has retained French nationality;

    3° a convicted foreigner who establishes that he has lawfully resided in France since the age of ten or less;

    4° a convicted foreigner who establishes that he has lawfully resided in France for over fifteen years.

    5° a convicted foreigner who is in receipt of a work injury or sickness annuity paid by a French organisation and of which rate of permanent incapacity is 20 % or more;

    6° a convicted foreigner habitually resident in France whose health condition requires a medical assistance the lack of which could involve exceptionally serious consequences, and provided that he cannot receive appropriate treatment in his country of origin.

ARTICLE 131-31

The penalty of banishment from an area entails the prohibition to appear in certain places determined by the court. It carries in addition supervision and assistance measures. The list of the prohibited places and the supervision and assistance measures may be modified by the penalties and enforcement judge, pursuant to the conditions set down by the Code of Criminal Procedure.

Banishment from an area may not exceed a period of ten years in the case of a conviction for a felony, and five years in the case of a conviction for a misdemeanour.

ARTICLE 131-32

Where area banishment is imposed together with an immediate custodial sentence, it applies from the beginning of the custodial sentence and its execution continues for the period fixed when the sentence was imposed, running from the day on which the custodial sentence ended.

Any detention served during the operation of the area banishment is deducted from the period of such banishment.

Subject to the application of article 763 of the Code of Criminal Procedure, area banishment ceases as of right when the convicted person attains the age of sixty-five.

ARTICLE 131-33

Mandatory closure of an establishment entails the prohibition to exercise on such premises the activity that occasioned the commission of the offence.

ARTICLE 131-34

Disqualification from public tenders entails prohibition to participate, directly or indirectly, in any contract concluded by the State and its public bodies, territorial collectivities, their associations and public bodies, as well as enterprises granted as a concession or controlled by the State or by territorial collectivities or their associations.

ARTICLE 131-35

The penalty of displaying a notice of the decision or otherwise disseminating it is carried out at the convicted person’s expense. However, the expenses recovered against a convicted person may not exceed a sum in excess of any fine applicable.

The court may order the display or circulation of all or a part of the decision, or of a communiqué informing the public of the contents of the decision and its reasons. It shall determine, where appropriate, the extracts of the decision and the terms of the communiqué to be displayed or circulated.

The display or dissemination of the decision or communiqué may disclose the identity of the victim only with his agreement, or with that of his legal representative or successor.

A public display order is carried out in such places and for such a period as the court determines. Unless the Statute sanctioning the offence otherwise provides, a public display may not extend beyond two months.  If the notices posted are removed, concealed or torn, a renewed display is made at the expense of the person found guilty of so doing.

Circulation of the decision is made by the Official Journal of the Republic, by one or more other press publications, or by one or more means of broadcasting. The publications or broadcasting media entrusted with that circulation are designated by the court. They may not refuse to carry them.

ARTICLE 131-36

A Decree of the Conseil d’État shall determine conditions of application of the provisions of this sub-section of the present Code.

This Decree shall also lay down the conditions according to which the activity of the persons sentenced to community service shall take place as well as the nature of the work to be given.

It shall determine in addition the conditions according to which:

    1° the penalties enforcement judge, after hearing the opinion of the public prosecutor and consulting any public institution with competence in the field of the prevention of crime, establishes the list of the community service work liable to be performed within his jurisdiction;

    2° community service work, for those who are employed, may extend beyond the maximum legal working week;

    3° associations referred to under the first paragraph of Article 131-8 are accredited to offer community service work.

SUB-SECTION 6. – OF SOCIO-JUDICIAL PROBATION

ARTICLE 131-36-1

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

Where the law so provides, the trial court may order socio-judicial probation.

Socio-judicial probation entails, for the convicted person, the duty to submit, under the supervision of the penalties enforcement judge for the period determined by the trial court, to measures of supervision and assistance designed to prevent recidivism. The period of socio-judicial probation may not exceed ten years in the case of conviction for a misdemeanour or twenty years in the case of conviction for a felony.

The trial court also fixes the maximum term of imprisonment to be served by the convicted person where he fails to observe the obligations imposed upon him. This imprisonment may not exceed two years in the case of a conviction for a misdemeanour or five years in the case of a conviction for a felony. The manner in which the penalties enforcement judge may order the imprisonment to be wholly or partly executed is determined by the Code of Criminal Procedure.

The president of the court, after giving judgment, warns the convicted person of the obligations arising from it and of the consequences if they are not fulfilled.

ARTICLE 131-36-2

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

The measures of supervision applicable to the person sentenced to socio-judicial probation are those laid down by article 132-44.

The convicted person may also be subjected by the trial court or by the penalties enforcement judge to the obligation specified by article 132-45. He may also be subjected to one or more of the following obligations:

    1° not to be present in such places or such category of places as specifically designated, in particular where minors are to be found;

    2° not to visit or to have contact with certain persons or certain categories of persons, and particularly minors, except, where relevant, those specified by the court;

    3° not to carry out any professional or voluntary activity involving regular contact with minors.

ARTICLE 131-36-3

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

The object of assistance measures to which a convicted person is subjected is to support his efforts towards rehabilitation.

ARTICLE 131-36-4

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

Socio-judicial probation may include a requirement of treatment.

This requirement may be ordered by the trial court if it is established after a report by a medical expert, obtained in the conditions laid down by the Code of Criminal Procedure, that the person prosecuted is a suitable case for such treatment. This examination is carried out by two experts in the case of a prosecution for the murder of a minor preceded or accompanied by rape, torture or acts of barbarity. The president warns the convicted person that no treatment may be undertaken without his consent, but that if he refuses the treatment offered to him, imprisonment imposed under the third paragraph of article 131-36-1 may be enforced.

Where the trial court orders treatment and a non-suspended custodial sentence has also been imposed on the relevant person, the presiding judge informs the convicted person that he has the option of starting treatment whilst serving the sentence.

ARTICLE 131-36-5

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

Where the socio-judicial probation order is imposed with an immediate custodial sentence, the probation order is enforced, for the period fixed in the sentence, to run from the day when the custodial sentence comes to an end.

The socio-judicial probation order is suspended by any detention that intervenes while it is running.

Imprisonment ordered on account of failure to observe the obligations contained in the socio-judicial probation order is consecutive to any immediate custodial sentence imposed for offences committed during the currency of the order, and may not be concurrent with them.

ARTICLE 131-36-6

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

A socio-judicial probation may not be ordered together with a custodial sentence which is suspended, in whole or in part, on condition of good behaviour.

ARTICLE 131-36-7

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

In proceedings for misdemeanours, socio-judicial probation may be imposed as the main sentence.

ARTICLE 131-36-8

Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998

The manner of enforcement of a socio-judicial probation is determined by Title VII bis of Book V of the Code of Criminal Procedure.

SECTION 2. – PENALTIES APPLICABLE TO LEGAL PERSONS

SUB-SECTION 1. – PENALTIES FOR FELONIES AND MISDEMEANOURS

ARTICLE 131-37

Penalties for felonies and misdemeanours incurred by juridical persons are:

    1° a fine

    2° in the cases set out by law, the penalties enumerated under Article 131-39.

ARTICLE 131-38

The maximum amount of fine applicable to legal persons five times the sum laid down for natural persons by the law that sanctions the offence.

ARTICLE 131-39

Act no. 2001-504 of 12 June 2001 Article 14 Official Journal of 13 June 2001

Where a statute so provides against a legal person, a felony or misdemeanour may be punished by one or more of the following penalties:

    1° dissolution, where the legal person was created to commit a felony, or, where the felony or misdemeanour is one which carries a sentence of imprisonment of three years or more, where it was diverted from its objects in order to commit them;

    2° prohibition to exercise, directly or indirectly one or more social or professional activity, either permanently or for a maximum period of five years;

    3° placement under judicial supervision for a maximum period of five years;

    4° permanent closure or closure for up to five years of the establishment, or one or more of the establishments, of the enterprise that was used to commit the offences in question;

    5° disqualification from public tenders, either permanently or for a maximum period of five years;

    6° prohibition, either permanently or for a maximum period of five years, to make a public appeal for funds;

    7° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum period of five years;

    8° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it;

    9° the public display of the sentence or its dissemination either by the written press or by any type of broadcasting.

The penalties under 1° and 3° above do not apply to those public bodies which may incur criminal liability. Nor do they apply to political parties or associations, or to unions. The penalty under 1° does not apply to institutions representing workers.

SUB-SECTION 2. – PENALTIES FOR PETTY OFFENCES

ARTICLE 131-40

The penalties incurred by legal persons for petty offences are:

    1° a fine

    2° the penalties entailing forfeiture or restriction of rights set out under article 131-42.

These penalties do not preclude the imposition of one or more of the additional penalties set out under article 131-43.

ARTICLE 131-41

The maximum amount of a fine applicable to legal persons is five times that which is applicable to natural persons by the regulation sanctioning the offence.

ARTICLE 131-42

In relation to any petty offence of the fifth class, a fine may be replaced by one or more of the following penalties entailing forfeiture or restriction of rights:

    1° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum period of one year;

    2° confiscation of the thing which was used or was intended for the commission of an offence, or of any thing which is the product of it.

ARTICLE 131-43

The regulation that sanctions a petty offence may provide for the additional penalty mentioned under 5° of article 131-16 where the offender is a legal person. In relation to petty offences of the fifth class, the regulation may also set out the additional penalty referred to under the first paragraph of Article 131-17.

ARTICLE 131-44

Where a petty offence is punished by one or more of the additional penalties set out under article 131-43, the court may decide to impose one or more of the additional penalties applicable alone.

SUB-SECTION 3. – CONTENTS AND IMPLEMENTATION OF CERTAIN PENALTIES

ARTICLE 131-45

The decision ordering the dissolution of a legal person entails its referral to the court competent for its liquidation.

ARTICLE 131-46

Act no. 1992-1336 of 16 December 1992 Articles 345, 346 and 373 Official Journal of 23 December into force 1 March 1994

The decision to place a legal person under judicial supervision entails the appointment of a judicial officer whose remit is determined by the court. His remit may only bear upon the activity in the exercise of which, or on the occasion of which, the offence was committed. At least once every six months, the judicial officer shall report to the penalties enforcement judge on the fulfilment of his remit.

Upon examining this report, the penalties enforcement judge may refer the matter to the court that ordered judicial supervision. The court may then either impose a new penalty, or release the legal person from judicial supervision.

ARTICLE 131-47

Prohibition to make a public appeal for funds entails prohibition, for the sale of any type of security, to resort any banking institutions, financial establishments or stock market companies, or to any form of advertising.

ARTICLE 131-48

The prohibition to exercise one or more social or professional activities entails the consequences set out under article 131-28.

The mandatory closure of one or more establishments entails the consequences set out in 131-33.

The disqualification from public tenders entails the consequences set out in article 131-34.

The prohibition to issue cheques entails the consequences set out under the first paragraph of article 131-19.

The confiscation of a thing is ordered pursuant to the conditions set out under article 131-21.

The public display or dissemination of the decision is ordered pursuant to the conditions set out under article 131-35.

ARTICLE 131-49

A Decree in the Conseil d’État shall determine the conditions for the implementation of the provisions of articles 131-45 to 131-47 and shall determine the conditions pursuant to which the worker’s representatives are informed of the date of the hearing.

CHAPTER II. – REGIMES OF SENTENCES

ARTICLE 132-1

Where statutes or regulations sanction an offence, the rules governing the penalties that may be imposed are those set out in the present Chapter except where the law otherwise provides.

SECTION 1. – GENERAL PROVISIONS

SUB-SECTION 1. – SENTENCES APPLICABLE TO CONCURRENT OFFENCES

ARTICLE 132-2

There is a concurrence of offences where an offence is committed by a person before having been finally convicted for another offence.

ARTICLE 132-3

Where, in the course of the same proceedings, the accused person is found guilty of several concurrent offences, each of the penalties applicable may be imposed. Nevertheless, where several penalties of a similar nature are incurred, only one such penalty may be imposed within the limit of the highest legal maximum.

Each penalty imposed is deemed to be common to the concurrent offences within the limit of the legal maximum applicable to each one of them.

ARTICLE 132-4

Where, in the course of separate proceedings, the person prosecuted is convicted of several concurrent offences, the penalties imposed operate cumulatively, up to the limit of the highest legal maximum. Nevertheless, the partial or total concurrent running of sentences of a similar nature may be ordered either by the last court called upon to determine the matter, or pursuant to the conditions set out under the Code of Criminal Procedure.

ARTICLE 132-5

Act no. 1992-1336 of 16 December 1992 Articles 347 and 373 Official Journal of 23 December into force 1 March 1994

For the purposes of articles 132-3 and 132-4, all custodial sentences are of a similar nature and all custodial sentences run concurrently within a life sentence.

Recidivism is taken into account, where relevant.

Where criminal imprisonment for life is applicable to one or more of the concurrent offences but is not imposed, the legal maximum is fixed at thirty years’ criminal imprisonment.

The legal maximum amount and length of day-fines and of community service work is determined by articles 131-5 and 131-8 respectively.

The benefit of partial or total suspension applied to one of the penalties imposed for concurrent offences does not prevent the enforcement of sentences of a similar nature which are not suspended.

ARTICLE 132-6

Act no. 1992-1336 of 16 December 1992 Articles 348 and 373 Official Journal of 23 December into force 1 March 1994

When a pardon or reinstatement has been granted in respect of a penalty, account is taken of the penalty ensuing from such a measure or decision when determining the extent of the concurrent running of penalties.

A reinstatement which takes place after the concurrent running of penalties is applicable to the penalty resulting from such concurrence.

Where a penalty is reduced, the reduction is deducted from the penalty which remains to be served after the concurrent running of penalties, where this occurs.

ARTICLE 132-7

By way of exception to the previous provisions, fines imposed for petty offences are cumulated with those incurred or imposed for concurrent felonies or misdemeanours.

SUB-SECTION – 2. – SENTENCES APPLICABLE IN THE EVENT OF RECIDIVISM

§ 1 – Natural persons

ARTICLE 132-8

Where a natural person who has already received a final sentence for a felony or misdemeanour punishable by law with ten years’ imprisonment, commits a felony, the maximum period of criminal imprisonment or criminal detention is life imprisonment where the maximum sentence legally applicable to the felony is twenty or thirty years. Where the felony is punishable by fifteen years’ imprisonment the maximum is raised to thirty years’ criminal imprisonment or criminal detention

ARTICLE 132-9

Where a natural person who has already received a final sentence for a felony or for a misdemeanour punishable by law with ten years’ imprisonment commits within ten years of when the previous sentence expired or became time-barred a further misdemeanour which is similarly punishable, the maximum term of imprisonment and fine applicable is doubled.

Where a natural person who has already received a final sentence for a felony or misdemeanour punishable by ten years’ imprisonment commits within five years of when the previous sentence expired or became time-barred another misdemeanour punishable with between one and ten years’ imprisonment, the maximum term of the imprisonment and fine applicable is doubled.

ARTICLE 132-10

Where a natural person, who has already received a final sentence for a misdemeanour, commits within a period of five years from when the previous sentence expired or became time-barred either the same misdemeanour, or a misdemeanour which is assimilated to it for the purposes of the rules relating to recidivism, the maximum term of the imprisonment and fine is doubled.

ARTICLE 132-11

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

If a regulation so provides, where a natural person who has already received a final sentence for a petty offence of the fifth class commits the same petty offence within a period of one year from when the previous sentence expired or became time-barred, the maximum fine is raised to € 3,000.

§ 2. – Legal persons

ARTICLE 132-12

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

Where a legal person, having already received a final sentence for a felony or a misdemeanour legally punishable with a fine of € 100,000 in the case of a natural person, incurs criminal liability for a felony, the maximum fine which may be imposed is ten times that provided by the law applicable to that felony. In such a case the legal person is additionally liable to the penalties enumerated under article 131-39, subject to the provisions of the last paragraph of that article.

ARTICLE 132-13

Act no. 2001-504 of 12 June 2001 Article 15 Official Journal of 13 June 2001; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

Where a legal person which has already received a final sentence in relation to a felony or a misdemeanour legally punishable in the case of a natural person by a fine of € 100,000 incurs criminal liability for a misdemeanour punishable by the same penalty within a period of ten years from when the previous sentence expired or became time-barred, the maximum fine which may be imposed is ten times that provided by the statute by which the misdemeanour is punishable.

Where a legal person which has already received a final sentence for a felony or for a misdemeanour legally punishable in the case of natural persons by a fine of € 100,000, incurs within a period of five years from when the previous sentence expired or became time-barred criminal liability for a misdemeanour which by statute is punishable in the case of natural persons with a fine of more than € 15,000, the maximum fine which may be imposed is ten times that provided by the statute by which the misdemeanour is punishable.

ARTICLE 132-14

Where a legal person which has already received a final sentence for a misdemeanour incurs within a period of five years from when the previous sentence expired or became time-barred criminal liability for either the same-misdemeanour or a misdemeanour assimilated to it under the rules governing recidivism, the maximum fine which may be imposed is ten times that provided for natural persons by the statute punishing the misdemeanour.

ARTICLE 132-15

Where a regulation so provides, a legal person which has already received a final sentence for a petty offence of the fifth class incurs criminal liability for the same petty offence within a period of one year from when the penalty for the of the previous offence expired or became time-barred, the maximum fine which may be imposed is ten times that provided for natural persons by the regulation punishing the petty offence.

§ 3. – General provisions

ARTICLE 132-16

Theft, extortion, blackmail, fraudulent obtaining and breach of trust are considered to be the same offence in respect of the rules governing recidivism.

ARTICLE 132-16-1

Inserted by Act no. 1998-468 of 17 June 1998 Article 10 Official Journal of 18 June 1998

The misdemeanours of sexual aggression and sexual assault are considered as the same offence for the purpose of the rules governing recidivism.

SUB-SECTION 3. – THE IMPOSITION OF PENALTIES

ARTICLE 132-17

No penalty may be enforced where the court has not expressly imposed it.

The court may decide to impose only one of the penalties applicable to the offence before it.

ARTICLE 132-18

Where an offence is punished by criminal imprisonment or criminal detention for life the court may impose criminal imprisonment or detention for a term, or imprisonment for not less than two years.

Where an offence is punished by a determinate sentence of criminal imprisonment or criminal detention, the court may impose a sentence of criminal imprisonment or detention shorter than the maximum, or a sentence of ordinary imprisonment of not less than a year.

ARTICLE 132-19

Where an offence is punished by a sentence of imprisonment, the court may impose a sentence of imprisonment for less than the maximum term.

The court may only impose an immediate custodial sentence for a misdemeanour on giving special grounds for such a choice of penalty.

ARTICLE 132-20

Where an offence is punished by a fine the court may impose a lower fine than the sum specified.

ARTICLE 132-21

The forfeiture of all or part of the civic, civil and family rights enumerated under Article 131-26 does not follow automatically from a conviction, notwithstanding any provision to the contrary.

A person affected by a prohibition, forfeiture or incapacity automatically resulting from a conviction by reason of special provisions may be wholly or partly released from the prohibition, forfeiture or incapacity by the initial conviction or a later judgement.  This applies even in relation to the length of the sanction, pursuant to conditions determined by the Code of Criminal Procedure.

ARTICLE 132-22

The public prosecutor, the juge d’instruction or the trial court may require the parties, any public administration, financial institution or persons holding funds for the defendant, to communicate relevant information of a financial or fiscal nature, without confidentiality being raised as an objection.

SUB-SECTION 4. – THE SAFETY PERIOD

ARTICLE 132-23

In the case of an immediate custodial sentence for a term of ten years or more imposed for offences specifically set out by statute, the convicted person is not entitled  to benefit from provisions governing the suspension or division of the penalty, posting to a non-custodial assignment, temporary leave, semi-detention or parole, during the safety period.

The safety period is half that of the custodial sentence or, in case of criminal imprisonment for life, eighteen years. The Cour d’assises or trial court may nevertheless by a special decision either extend this period up to two-thirds of the prison sentence or up to twenty-two years in the case of imprisonment for life, or may decide to reduce these periods.

In all the other cases, where it imposes a non-suspended custodial sentence exceeding five years, the court may determine a safety-period during which the convicted person may not be granted the benefit of any one of the modes of execution of penalties referred to under the first paragraph.  The length of this safety period may not exceed two-thirds of the penalty imposed, or twenty-two years in the event of life imprisonment.

Reductions of sentences granted during the safety period will be deducted only from the portion of the penalty exceeding this period.

SECTION 2. – PERSONALIZATION OF PENALTIES

ARTICLE 132-24

Within the limits fixed by Statute, the court imposes penalties and determines their regime according to the circumstances and the personality of the offender.

When the court imposes a fine, it determines its size taking into account the income and expenses of the perpetrator of the offence.

SUB-SECTION 1. – SEMI-DETENTION

ARTICLE 132-25

Where a trial court imposes a custodial sentence of one year’s imprisonment or less, it may decide the sentence is to be served in semi-detention where the convicted person establishes that he has a trade or profession, or his assiduous participation in a course of education or professional training, or apprenticeship or temporary employment with a view to social rehabilitation, or his essential participation in the life of his family, or the necessity to undergo medical treatment.

ARTICLE 132-26

The convicted person who was granted the benefit of semi-detention is obliged to join the penitentiary institution pursuant to the conditions set out by the penalties enforcement judge, account being taken of the time necessary for the activity, course of education, professional training, apprenticeship, participation in family life or treatment in consideration of which he was granted the regime of semi-detention.  He is obliged to remain within the establishment during the days when his external obligations are interrupted, whatever the reason for the interruption.

SUB-SECTION 2. – DIVISION OF PENALTIES

ARTICLE 132-27

Where compelling medical, family, professional or social reasons are established, the court may decide that a custodial sentence of a year or less imposed for a misdemeanour is served in instalments over a period not exceeding three years. None of those instalments may be shorter than two days.

ARTICLE 132-28

Where compelling medical, family, professional or social reasons are established, the court may decide that a fine imposed for a misdemeanour or a petty offence will be paid by instalments over a period not exceeding three years. The same applies where a natural person is sentenced to pay day-fines or his driving licence was suspended.

SUB-SECTION 3. – ORDINARY SUSPENSION

ARTICLE 132-29

A court imposing a sentence may order it to be suspended in the cases and pursuant to the conditions set out hereafter.

After the imposition of a suspended sentence, the presiding judge of the court shall caution the convicted person, where he is present, of the consequences following another conviction for a new offence committed within the period set out under articles 132-35 and 132-37

§ 1. – CONDITIONS FOR THE GRANTING OF ORDINARY SUSPENSION

ARTICLE 132-30

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

An ordinary suspension may only be granted to a natural person in respect of a felony or misdemeanour where the defendant has not been sentenced to a custodial sentence for an ordinary felony or misdemeanour in the five years prior to that offence.

A suspended sentence may only be granted to a legal person where it has not been sentenced to a fine in excess of € 60,000 for an ordinary felony or misdemeanour within the same period.

ARTICLE 132-31

Ordinary suspension is applicable to natural persons for custodial sentences not exceeding five years, for a fine or day-fine, for the penalties entailing forfeiture or restriction of rights enumerated under article 131-6 other than confiscation, and for the additional penalties enumerated under article 131-1 other than confiscation, or of the mandatory closure of an establishment and public notice of the sentence.

An ordinary suspension may only be granted for a custodial sentence where the defendant was sentenced to a penalty other than criminal or ordinary imprisonment during the period set out under article 132-30.

A court may decide that the suspension of the custodial sentence is granted in part only and for a period, subject to a maximum of five years, which it determines.

ARTICLE 132-32

An ordinary suspension is applicable to legal persons in respect of fines and for the penalties enumerated under 2°, 5°, 6° And 7° of Article 131-39.

ARTICLE 132-33

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

Ordinary suspension may not be granted to a natural person for a penalty for a petty offence where the defendant was sentenced to a custodial sentence for an ordinary felony or misdemeanour in the five years prior to the offence.

An ordinary suspension may only be granted to a legal person where it has not been sentenced to a fine of more than € 15,000 for an ordinary felony or misdemeanour within the same period.

ARTICLE 132-34

Ordinary suspension is applicable to natural persons for the penalties entailing forfeiture or restriction of rights enumerated under article 131-14 other than confiscation, for the additional penalties enumerated under 1°, 2° and 4° of article 131-16, as well as for the additional penalty set out by the first paragraph of article 131-17. It is also applicable to fines imposed for petty offences of the fifth class.

Ordinary suspension is applicable to legal persons for prohibition to draw cheques or to use credit cards under articles 131-42 and 131-43. It is also applicable to fines imposed for petty offences of the fifth class.

§ 2. – CONSEQUENCES OF ORDINARY SUSPENSION

ARTICLE 132-35

A sentence imposed for felony or a misdemeanour which has been suspended is deemed non-existent where the convicted person who has benefited from  a suspension has not within a period of five years of that sentence committed any ordinary felony or misdemeanour leading to an immediate sentence entailing the revocation of the  suspension.

ARTICLE 132-36

Any new custodial sentence revokes the suspension granted previously whatsoever may have been the first sentence.

Any new sentence imposed upon a natural or legal person other than a custodial sentence revokes the suspension granted previously for another sentence other than a custodial sentence.

ARTICLE 132-37

The sentence imposed for a petty offence which was suspended is deemed non-existent where the convicted person who has benefited from such a suspension does not within a period of two years commit a fifth-class petty offence leading to a new immediate sentence entailing revocation pursuant to the conditions set out under article 132-36.

ARTICLE 132-38

Where an ordinary suspension is revoked, the first penalty is served without being allowed to run concurrently with the second.

However, the court may pronounce by a special and reasoned decision that the sentence it imposes does not revoke the suspended sentence previously granted, or that it only revokes the suspension in part and for the length of time specified. It may also restrict the scope of the revocation exemption to one or more of the suspended sentences previously granted.

ARTICLE 132-39

Where the benefit of an ordinary suspension was granted for only a part of the penalty, the sentence is deemed non-existent in respect of all its elements if revocation of the suspension has not taken place, a day-fine or fine or non-suspended part of the fine remaining due.

SUB-SECTION 4. – SUSPENSION WITH PROBATION

§ 1. – CONDITIONS FOR THE GRANTING OF SUSPENSION WITH PROBATION

ARTICLE 132-40

A court imposing a custodial sentence may order its suspension under the conditions set out hereafter, and the placing of the convicted natural person on probation.

After the imposition of a suspended custodial sentence with probation, the president of the court shall caution the convicted person, where he is present, of the consequences of conviction for any new offence committed during the probation period or of any violation of the supervision measures or special obligations imposed on him. The president shall inform him of the possibility of having his sentence deemed non-existent if he behaves satisfactorily.

ARTICLE 132-41

A suspension with probation is applicable to custodial sentences not exceeding five years imposed for an ordinary felony or misdemeanour.

Wherever a court has not ordered the provisional enforcement of a sentence, a probation order is only applicable from the day when the sentence becomes enforceable pursuant to the conditions set out under the second paragraph of article 708 of the Code of Criminal Procedure.

ARTICLE 132-42

A criminal court shall determine the length of the probation order, which must be at least eighteen months and may not exceed three years.

It may decide this suspension will only apply to part of a custodial sentence, the length of which it shall determine.

§ 2. – THE SUSPENSION WITH PROBATION REGIME

ARTICLE 132-43

During the probation period, the convicted person must undergo the supervision measures set out in article 132-44 and any particular obligations set out in article 132-45 that were specially imposed on him. The convicted person may also be granted assistance as designed to promote his social reintegration.

These measures and particular obligations cease to be applicable and the probation period is suspended during the time when the convicted person is incarcerated.  The probation period is also suspended during the time when the convicted person performs his national service.

ARTICLE 132-44

Act no. 2000-516 of 15 June 2000 Article 124 Official Journal of 16 June 2000

The supervision measures the convicted person must undergo are the following:

    1° to attend when required to do so by the penalties enforcement judge or the designated social worker;

    2° to receive the visits of the social worker and to provide him with such information or documents as are necessary to verify his means of existence and the execution of his obligations;

    3° to inform the social worker of any change of employment;

    4° to inform the social worker of any changes of residence or of any journey in excess of fifteen days and to explain how he will return;

    5° to obtain the prior authorisation from the penalties enforcement judge for any journey abroad and, where it is liable to obstruct the execution of his obligations, for any change of employment or residence.

ARTICLE 132-45

A trial court or a penalties enforcement judge may specially impose on the convicted person a duty to observe one or more of the following obligations:

    1° to exercise a professional activity or to follow a course of education or professional training;

    2° to establish his residence in a determined place;

    3° to undergo medical examination, treatment or medical care, and where necessary hospitalisation;

    4° to demonstrate that he is contributing to family expenses or is regularly paying any alimony that he may owe;

    5° to make good, in all or part, according to his ability to pay, the damage caused by the offence, even in the absence of a court decision on civil liability;

    6° to demonstrate that he is paying according to his ability to pay the amounts due to the public Treasury in consequence of the sentence;

    7° to abstain from driving certain vehicles determined by the category of driving licences provided for under the  Traffic Code;

    8° not to engage in professional activity in the exercise of which or on the occasion of which the offence was committed;

    9° to abstain from appearing in any place as specifically identified;

    10° not to engage in betting, especially in betting shops;

    11° not to frequent public houses;

    12° not to keep company with certain convicted persons, especially other offenders or accomplices to the offence;

    13° to abstain from contacting certain persons, especially with the victim of the offence;

    14° not to hold or carry any weapon.

ARTICLE 132-46

The objective of an assistance measure is to support the convicted person’s efforts towards social reintegration.

These measures take the form of social, and if need be, financial assistance, and are implemented by the probation service with the participation, where appropriate, of any private or public institution.

§ 3.- REVOCATION OF SUSPENSION WITH PROBATION IN THE EVENT OF A NEW OFFENCE

ARTICLE 132-47

Act no. 1992-1336 of 16 December 1992 Articles 350 and 373 Official Journal of 23 December 1992 into force 1 March 1994

A suspension with probation may be revoked by the trial court pursuant to the conditions set out under article 132-48.

It may also be revoked by the court competent for the enforcement of sentences, pursuant to the conditions set out under the Code of Criminal Procedure, where the convicted person has not complied with supervision measures or to any particular duties that have been imposed upon him. Any violation of those measures and duties committed after a suspension with a probation which became enforceable may ground the revocation of the suspension. However, revocation may not be ordered before a sentence has become final.

ARTICLE 132-48

Act no. 1992-1336 of 16 December 1992 Articles 351 and 373 Official Journal of 23 December 1992 into force 1 March 1994

Where the convicted person commits an ordinary felony or misdemeanour followed by a non-suspended custodial sentence during a probation period, the trial court may order the total or partial revocation of any suspension or suspensions granted previously, after hearing the penalties enforcement judge’s opinion. This revocation may not be ordered for offences committed before the suspended sentence became final.

ARTICLE 132-49

A partial revocation of the suspension may be ordered only once.

The decision ordering a partial revocation of the suspension does not put an end to the probation regime and does not attach to the sentence the consequences of an immediate sentence.

ARTICLE 132-50

Where a court orders the execution of the totality of the imprisonment and where the suspension with probation was granted after a first sentence already imposed with the same benefit, the first penalty is enforced first unless, by a special and reasoned decision, the court grants the convicted person a dispensation from all or part of its execution.

ARTICLE 132-51

Act no. 2000-516 of 15 June 2000 Article 124 Official Journal of 16 June 2000

Where a court orders the revocation of a suspension in full or in part, it may order the convicted person incarcerated pursuant to a special and reasoned decision, which is enforceable provisionally.

§ 4. – CONSEQUENCES OF A SUSPENSION WITH PROBATION

ARTICLE 132-52

A suspended sentence with probation is deemed non-existent where the convicted person has not incurred a decision ordering the enforcement of the totality of the imprisonment.

Where the benefit of the suspension with probation was granted for a part of the imprisonment only, the sentence is deemed non-existent in all its constituent elements where no revocation of the suspension is ordered pursuant to the conditions set out under the previous paragraph.

ARTICLE 132-53

Where suspension with probation was granted after a first sentence already imposed with the same benefit, this first conviction is deemed non-existent if the second is deemed non-existent pursuant to the conditions and time-limits set out under the first paragraph of article 132-52 above or under article 743 of the Code of Criminal Procedure.

SUB-SECTION5. – SUSPENSION WITH THE OBLIGATION TO PERFORM COMMUNITY SERVICE WORK

ARTICLE 132-54

A court may, pursuant to the conditions and according to the terms set out under articles 132-40 and 132-41, provide that the convicted person shall perform community service for the benefit of a public body or that of an association accredited to implement community service work, for a period of forty to two hundred and forty hours.

A suspension with the obligation to perform community service work may not be ordered where the defendant refuses it or was not present at the hearing.

The terms of application of the duty to perform community service are governed by the provisions of articles 131-22 to 131-24. On completing the totality of the community service to be performed, the sentence is deemed non-existent.

ARTICLE 132-55

During the period as determined by the court to perform community service, a convicted person must, in addition to carrying out the prescribed work, satisfy the following measures of supervision:

    1° to attend when summoned by the penalties enforcement judge or the social worker appointed;

    2° to undergo any medical examination to be carried out prior to the enforcement of the sentence, designed to establish whether he suffers from any ailment dangerous for other workers, and whether he is medically fit for the work for which he is being considered;

    3° to justify the grounds for any change of employment or residence where such changes obstruct the enforcement of the community service work according to the terms decided;

    4° to obtain the prior authorisation of the penalties enforcement judge for any journey which would obstruct the enforcement of the community service work according to the terms laid down;

    5° to receive the visits of the social worker and to disclose to him any document or information in respect of the enforcement of the sentence.

He must also observe any particular obligations set out under Article 132-45 which the court has specially imposed upon him.

ARTICLE 132-56

A suspension with the obligation to perform community service work follows the same rules as those prescribed for suspension with probation, except for those referred to under the second paragraph of article 132-42 and under the second paragraph of article 132 -52. The obligation to perform community service is assimilated to a particular obligation of the suspension with probation and the period provided for by article 131-22 is assimilated to the probation period.

ARTICLE 132-57

Act no. 1992-1336 of 16 December 1992 Articles 352 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Act no. 1995-125 of 8 February 1995 Article 45 Official Journal of 9 February 1995

Any court having imposed for an ordinary misdemeanour a sentence including a custodial sentence not exceeding six months may, where that sentence is no longer appealable by the convicted person, order this sentence to be suspended and that the convicted person shall perform in the interest of a local authority, a public body or an association, unpaid community service work for a period not less than forty hours or more than two hundred and forty hours. The enforcement of the obligation to perform community service work is subjected to the provisions of the third paragraph of article 132-54 and articles 132-55 and 132-56.

SUB-SECTION 6. – EXEMPTION AND DEFERMENT OF PENALTIES – COMMON PROVISIONS

ARTICLE 132-5 8

In the case of a misdemeanour or, except in relation to the matters considered under articles 132-63 to 132-65, and in the case of a petty offence, the court, after finding the defendant guilty and ordering if need be the confiscation of noxious or harmful objects, may either exempt the defendant from any other sentence, or defer sentence in the cases and pursuant to the conditions set out in the articles hereinafter.

At the same time as it decides on the defendant’s guilt, the court decides if need be on any civil claim for damages.

§ 1. – EXEMPTION FROM PENALTY

ARTICLE 132-59

An exemption from penalty may be granted where it appears that the reintegration of the guilty party is established, that the damage caused is made good and that the public disturbance generated by the offence has ceased.

A court granting an exemption from penalty may rule that its decision shall not be registered in the criminal records.

Exemption from penalty does not extend to payment of the costs of the proceedings.

§ 2. – ORDINARY DEFERMENT

ARTICLE 132-60

A court may defer sentence where it appears that the reintegration of the guilty party is making progress, that the damage caused is in the process of being repaired, and where the public disturbance generated by the offence will cease.

In this case, it determines in its decision the date when it will pronounce sentence.

A deferment may only be ordered where the defendant, in the case of a natural person, or his representative, in the case of a legal person, is present at the hearing.

ARTICLE 132-61

At a reconvened hearing, the court may either exempt the defendant from penalty, or impose the penalty set out by law, or further defer pronouncement of sentence pursuant to the conditions and according to the terms set out under article 132-60.

ARTICLE 132-62

The decision regarding the penalty must be made no later than a year after the first deferment decision.

§ 3. – DEFERMENT WITH PROBATION

ARTICLE 132-63

Where a defendant who is a natural person is present at the hearing, a court may defer sentence pursuant to the conditions and according to the terms as set out under article 132-60 by placing him under probation for a term which shall not exceed a year.

Such a decision is enforceable provisionally.

ARTICLE 132-64

Deferments with probation follow the probation regime as set out under articles 132-43 to 132-46.

ARTICLE 132-65

At the reconvened hearing the court may, taking into account the offender’s behaviour, either exempt him from penalty, or pass  sentence as set out by law, or further defer sentence pursuant to the conditions and according to the terms of article 132-63.

The decision regarding the penalty must be made no later than a year after the first deferment decision.

§ 4. – DEFERMENT WITH INJUNCTION

ARTICLE 132-66

In the cases provided for by statutes or regulations which sanction the violation of specific obligations, a court deferring sentence may give the convicted physical or legal person an injunction to observe one or more prescriptions provided by the statutes or regulations concerned.

The court decrees a time-limit for the enforcement of these prescriptions.

ARTICLE 132-67

The court may reinforce the injunction with a coercive fine where this is provided for by the relevant Statutes or regulations. In such a case, it fixes the rate of the coercive fine and the maximum period for it to apply in accordance with the limits set out by  statutes or regulations.

A coercive fine ceases to run from when the prescriptions contained in the injunction have been executed.

ARTICLE 132-68

A deferment with injunction may only be granted once. It may be ordered even where the defendant natural person or the representative of the defendant legal person is not present.

The decision may be declared provisionally enforceable in all cases.

ARTICLE 132-69

At the adjourned hearing the court may either exempt the guilty party from any penalty or impose the penalties set out under the statute or regulation, when the prescriptions enumerated by the injunction have been executed within the period determined

Where the prescriptions have been executed belatedly, the court calculates if need be the amount of the coercive fine and imposes the penalties set out under the law or regulation.

Where the prescriptions were not observed, the court calculates if need be the amount of the coercive fine, imposes the penalties and may in addition order the execution of these prescriptions to be prosecuted at the convicted person’s expense pursuant to the conditions laid down by the law or regulation.

Unless otherwise provided, the decision on the penalty is made no later than one year after the first deferment decision.

ARTICLE 132-70

The rate of the coercive fine determined by the deferment decision may not be modified.

For the calculation of the coercive fine, the court considers the absence of execution or of the delay in execution of the prescriptions and takes into account the occurrence of events, if any, not attributable to the delinquent.

A coercive fine does not give rise to enforcement by imprisonment.

SECTION 3. – DEFINITION OF CERTAIN CIRCUMSTANCES ENTAILING THE AGGRAVATION OF PENALTIES

ARTICLE 132-71

An organised gang within the meaning of the law is any group formed or association established with a view to the preparation of one or more criminal offences, preparation marked by one or more material actions.

ARTICLE 132-72

Premeditation is the intention formed before an act to commit a given felony or misdemeanour.

ARTICLE 132-73

Breaking in consists of forcing, damaging or destroying any closing device or any kind of enclosure. The use of false keys, unlawfully obtained keys or of any instrument which may be fraudulently employed to operate a closing device without forcing or damaging it is assimilated to breaking in.

ARTICLE 132-74

Climbing in is the act of entering any given premises, either by climbing over an enclosure, or by passing through any aperture not designed to be used as an entrance.

ARTICLE 132-75

Act no. 1996-647 of 22 July 1996 Article 19 Official Journal of 23 July 1996

A weapon is any article designed to kill or wound.

Any other article liable to be dangerous to persons is assimilated to a weapon from when it is used to kill, wound or threaten, or intended by its bearer to be used to kill, wound or threaten.

Any article which looks sufficiently like a weapon defined in the first paragraph to cause confusion and is used to threaten kill or wound, or is intended to threaten kill or wound by the person who bears it, is assimilated to a weapon.

The use of an animal to kill, wound or threaten is assimilated to the use of a weapon. Where the owner of the animal is convicted or remains unidentified, a court may decide to hand the animal over to a registered public utility institution for the protection of animals, which will be at liberty to dispose of it.

CHAPTER III.-  THE EXTINCTION  OF PENALTIES AND THE ERASURE OF CONVICTIONS

Article 133-1

Act no. 1992-1336 of 16 December 1992 Articles 353 and 373 Official Journal of 23 December 1992 into force 1 March 1994

The death of a convicted person or the dissolution of the legal person, except where that dissolution is ordered by a criminal court, as well as pardons and amnesty, preclude or interrupt the enforcement of the penalty. However, fines and judicial costs may be recovered and confiscations carried out after the death of the convicted natural person, and after the dissolution of the legal person before the process of liquidation has been completed.

Where a sentence is time-barred it may not be enforced.

Rehabilitation wipes a conviction out.

SECTION 1. – LIMITATION

ARTICLE 133-2

Subject to the provisions of article 213-5 the penalties imposed for a felony are barred by limitation after twenty years have passed from the date when the sentence became final.

ARTICLE 133-3

A sentence imposed for a misdemeanour is barred by limitation after five years have passed from the date when the sentence became final.

ARTICLE 133-4

The penalties imposed for a petty offence are barred by limitation after two years have passed from the date when the sentence became final.

ARTICLE 133-5

Persons convicted by contumacy or by default whose sentences are time-barred are not allowed to purge the contumacy or enter an opposition.

ARTICLE 133-6

Civil obligations resulting from a final criminal decision are barred by limitation according to the rules set out in the Civil Code.

SECTION 2. – OF PARDON

ARTICLE 133-7

A pardon only entails an exemption in respect of the enforcement of the sentence.

ARTICLE 133-8

A pardon does not defeat the victim’s right to obtain compensation for the damage caused by the offence.

SECTION 3. – OF AMNESTY

ARTICLE 133-9

An amnesty erases the sentences imposed. It carries the remission of all penalties without entailing any restitution. It restores to the perpetrator or accomplice to an offence the benefit of a suspension which may have been granted for a previous sentence.

ARTICLE 133-10

An amnesty is without prejudice to any third party.

ARTICLE 133-11

Any person who, in the exercise of his functions, has knowledge of criminal sentences, professional or disciplinary sanctions or prohibitions, forfeitures and incapacities erased by an amnesty, is prohibited from recalling their existence in any way whatsoever or to allow an indication of them to remain in any document.  However, the original copy of judgments and judicial decisions are excluded from this prohibition.  Furthermore an amnesty does not preclude the enforcement of a publication awarded as a compensation.

SECTION 4. – REHABILITATION

ARTICLE 133-12

Any person punished by a sentence for a felony, misdemeanour or petty offence is entitled, either to a rehabilitation as of right pursuant to the conditions set out in this article, or to a rehabilitation order made pursuant to the conditions contained in the Code of Criminal Procedure.

ARTICLE 133-13

Rehabilitation is acquired as of right by a convicted natural person who has not incurred a new sentence for a felony or misdemeanour within the time-limits specified below:

    1° for a sentence to pay a fine or a day-fine, after a period of three years from the date of the payment of the fine or that of the global amount of the day-fines, from the expiry of the enforcement by imprisonment or the incarceration period set out under article 131-25, or the limitation period;

    2° for a single sentence either to serve an imprisonment not exceeding one year, or a penalty other than criminal imprisonment or criminal detention, imprisonment, fine or day-fine, after a period from either the enforcement of that sentence, or the expiry of the limitation period;

    3° for a single sentence to an imprisonment not exceeding ten years or for a multiple custodial sentence the total of which does not exceed five years, after a period of ten years from either the expiry of the sentence served, or the expiry of the limitation period.

ARTICLE 133-14

Rehabilitation is acquired as of right by a convicted legal person who has not incurred a new sentence for a felony or misdemeanour within the time-limits specified below:

    1° for a sentence to pay a fine, after a period of five years from the day of the payment of the fine or from the expiry of the limitation period;

    2° for a sentence a other than a fine or dissolution, after a period of five years from either the execution of the penalty, or the expiry of the limitation period.

ARTICLE 133-15

Penalties which have been allowed to run concurrently are considered as a single sentence for the application of the provisions of articles 133-13 and 133-14.

ARTICLE 133-16

Act no. 1998-468 of 17 June 1998 Article 41 Official Journal of 18 June 1998

Rehabilitation has the same consequences as those set out under articles 133-10 and 133-11. It erases any incapacity or forfeiture resulting from a sentence.

ARTICLE 133-17

The non-contentious remission of a penalty is equivalent to its enforcement for the application of the rules governing rehabilitation.

BOOK II. – FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE I. – CRIMES AGAINST HUMANITY

CHAPTER 1. – GENOCIDE

Article 211-1

Genocide occurs where, in the enforcement of a concerted plan aimed at the partial or total destruction of a national, ethnic, racial or religious group, or of a group determined by any other arbitrary criterion, one of the following actions are committed or caused to be committed against members of that group:

    – wilful attack on life;

    – serious attack on psychic or physical integrity;

    – subjection to living conditions likely to entail the partial or total destruction of that group

    – measures aimed at preventing births;

    – enforced child transfers.

Genocide is punished by criminal imprisonment for life.

The first two paragraphs of Article 132-23 governing the safety period apply to the felony set out under the present Article.

CHAPTER II. – OTHER CRIMES AGAINST HUMANITY

Article 212-1

Deportation, reduction to slavery or the massive and systematic practice of summary executions, of abduction of persons followed by their disappearance, of torture or inhuman acts, inspired by political, philosophical, racial or religious motives, and organised in pursuit of a  concerted plan against a group of a civil population are punished by criminal imprisonment for life.

The first two paragraphs of article 132-23 governing the safety period are applicable to felonies set out under the present article.

ARTICLE 212-2

Where they are committed during war time in execution of a concerted plan against persons fighting the ideological system in the name of which are perpetrated crimes against humanity, the actions referred to under article 212-1 are punished by criminal imprisonment for life.

The first two paragraphs of article 132-23 governing the safety period are applicable to felonies set out under the present article.

ARTICLE 212-3

The participation in a group formed or in an agreement established with a view to the preparation, characterised by one or more material actions, of one of the felonies defined by articles 211-1, 212-1 and 212-2 is punished by criminal imprisonment for life.

The first two paragraphs of article 132-23 governing the safety period are applicable to the felony set out under the present article.

CHAPTER III. – COMMON PROVISIONS

Article 213-1

Natural persons convicted of the offences set out under the present Title also incur the following penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office, pursuant to the conditions set out under article 131 -27;

    3° area banishment, pursuant to the conditions set out under Article 131-31;

    4° confiscation of any or all of their assets.

ARTICLE 213-2

Act no. 1993-1027 of 24 August 1993 Article 33 Official Journal of 29 August 1993; Act no. 1998-349 of 11 May 1998 Article 37 Official Journal of 12 May 1998

Any alien convicted of any of the offences under the present Title may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10. The provisions of the last five paragraphs of article 131-30 do not apply.

ARTICLE 213-3

Legal persons may incur criminal liability for crimes against humanity pursuant to the conditions set out under article 121-2.

The penalties to be incurred by legal persons are:

    1° the penalties enumerated under article 131-39;

    2° confiscation of any or all of their assets.

ARTICLE 213-4

The perpetrator or the accomplice to a felony under the present Title is not exonerated from his responsibility on the sole basis that he performed an act prescribed or authorised by statutory or regulatory provisions, or an act ordered by legitimate authority. A court shall nevertheless take this circumstance into account when deciding the nature and extent of the sentence.

ARTICLE 213-5

Criminal liability for the felonies set out under the present Title is imprescriptable, as are the sentences imposed.

TITLE II. OFFENCES AGAINST THE HUMAN PERSON

CHAPTER 1. – OFFENCES AGAINST THE LIFE OF PERSONS

SECTION 1. – WILFUL INJURY AGAINST LIFE

ARTICLE 221-1

The wilful causing of the death of another person is murder. It is punished with thirty years’ criminal imprisonment.

ARTICLE 221-2

A murder which precedes, accompanies or succeeds another felony is punished by criminal imprisonment for life.

A murder which is intended either to prepare or to facilitate a misdemeanour, or to assist an escape or to ensure the impunity of the misdemeanant or an accomplice to a misdemeanour is punished by criminal imprisonment for life.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences under the present article.

ARTICLE 221-3

Murder committed with premeditation is assassination. Assassination is punished by a criminal imprisonment for life.

The first two paragraphs of article 132-23 governing the safety period apply to the offence under the present article. Nevertheless, where the victim is a minor who is under fifteen years of age and the assassination is preceded by or accompanied by rape, torture or acts of barbarity, the Cour d’assises may by a special decision either increase the safety period to thirty years, or, where it imposes a criminal imprisonment for life, decide that none of the measures enumerated under Article 132-23 shall be granted to the convicted person. Where the sentence is commuted, and unless the decree of pardon otherwise provides, the safety period is equal to the length of the sentence resulting from the pardon.

ARTICLE 221-4

Act no. 1994-89 of 1 February 1994 Article 6 Official Journal of 2 February 1994 into force 1 March 1994; Act no. 1996-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996

Murder is punished by criminal imprisonment for life where it is committed:

    1° against a minor under fifteen years of age;

    2° against a natural or legitimate ascendant or the adoptive father or mother;

    3° against a person whose particular vulnerability, due to age, sickness or disability, or to any psychic or psychical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant belonging to the national police, the customs, the penitentiary administration or on any other person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of his functions or mission, when the capacity of the victim is known or apparent to the perpetrator;

    5° against a witness, a victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of his denunciation, complaint or statement.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article. Nevertheless, where the victim is a minor under of fifteen years of age and the murder is preceded by or accompanied by rape, torture or acts of barbarity, the Cour d’assises may by a special decision either increase the safety period to thirty years, or, where it orders life imprisonment, decide that none of the measures enumerated under article 132-23 shall be granted to the convicted person; where the penalty is commuted, and unless the decree of pardon otherwise provides, the safety period is then equal to the length of the sentence resulting from the pardon.

ARTICLE 221-5

Making an attack against the life of another by the use or administration of substances liable to cause death constitutes poisoning.

Poisoning is punished by thirty years’ criminal imprisonment.

It is punished by criminal imprisonment for life where it is committed in one of circumstances provided for by articles 221-2, 221-3 and 221-4.

The first two paragraphs of article 132-23 governing the safety period apply to the offence under the present article.

ARTICLE 221-5-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 4 Official Journal of 13 June 2001

Legal persons may incur criminal liability, pursuant to the conditions set out under article 121 -2, for the offence under article 121-6.

The penalties applicable to legal persons are :

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2°of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 2. – INVOLUNTARY OFFENCES AGAINST LIFE

ARTICLE 221-6

Act no. 2000-647 of 10 July 2000 Article 4 Official Journal of 11 July 2000; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 into force 1 January 2002

Causing the death of another person by clumsiness, negligence, carelessness, recklessness or breach of an obligation of safety or prudence imposed by statute or regulations, constitutes manslaughter punished by three years’ imprisonment and a fine of € 45,000.

In the event of a deliberate violation of an obligation of safety or prudence imposed by statute or Regulations, the penalty is increased to five years’ imprisonment and to a fine of € 75,000.

ARTICLE 221-7

A legal person may incur criminal liability, pursuant to the conditions set out under article 121 -2, of the offence defined under article 221-6.

The penalties to which legal persons are liable are as follows:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated in 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2°of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

In the cases referred to under the second paragraph of Article 221-6 the penalty prescribed by 4° of article 131-39 shall also be incurred.

SECTION 3.- ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 221-8

Natural persons convicted of the offences set out under the present chapter also incur the following additional penalties.

    1° prohibition, pursuant to the conditions set out under Article 131-27, to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed;

    2° prohibition to hold or to carry, for a maximum period of five years, a weapon subject to authorisation;

    3° suspension of the driving licence for a maximum period of five years; this suspension may be limited to driving otherwise than in the exercise of a professional activity;

    4° cancellation of the driving licence, together with the prohibition, for a maximum period of five years, to apply for the issue of a new one;

    5° confiscation of one or more weapons belonging to the convicted person or which he has freely available to him;

    6° withdrawal of the hunting licence, together with a prohibition, for a maximum period of five years, to apply for the issue of a new one.

ARTICLE 221-9

Natural persons convicted of the offences set out under Section 1 of the present Chapter also incur the following additional penalties:

    1° prohibition of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office, pursuant to the conditions set out under article 131-27;

    3° confiscation set out under article 131-21;

    4° area banishment, pursuant to the conditions set out under article 131-31.

ARTICLE 221-9-1

Inserted by Act no. 1998-468 of 17 June 1998 Article 2 Official Journal of 18 June 1998

Natural persons guilty of murder or assassination preceded by or accompanied by rape, torture or acts of barbarity are also liable to socio-judicial probation in the manner set out under articles 131-36-1 to 131-36-8.

ARTICLE 221-10

Natural persons convicted of the offences set out under section 2 of the present chapter also incur the additional penalty of public display or dissemination of the decision as set out under article 131-35.

ARTICLE 221-11

Any alien convicted of any of the offences set out under section 1 of the present Chapter may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

CHAPTER II. – OFFENCES AGAINST THE PSYCHIC OR PHYSICAL INTEGRITY OF THE PERSON

SECTION 1. WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

§ 1. – TORTURE AND ACTS OF BARBARITY

ARTICLE 222-1

The subjection of a person to torture or to acts of barbarity is punished by fifteen years’ criminal imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-2

The offence defined under article 222-1 is punished by criminal imprisonment for life where it precedes, accompanies or follows a felony other than murder or rape.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-3

Act no. 1996-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996; Act no. 1999-505 of 18 June 1999 Article 14 Official Journal of 19 June 99

The offence defined in article 222-1 is punished by twenty years’ criminal imprisonment where it is committed:

    1° against a minor under fifteen years of age;

    2° against a person whose particular vulnerability, due to age, sickness, disability, a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    3° against a natural or legitimate ascendant or the adoptive father or mother;

    4° Against a judge or prosecutor, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, in the exercise or on the occasion of the exercise of his functions or mission, when the capacity of the victim is apparent or known to the perpetrator;

    5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement.

    6° by the spouse or cohabitee of the victim;

    7° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of the functions or mission;

    8° by several persons acting as perpetrators or accomplices;

    9° with premeditation;

    10° with the use or threatened use of a weapon.

The offence defined under article 222-1 is punished by twenty years’ criminal imprisonment where it is accompanied by sexual assaults other than rape.

The penalty incurred is increased to thirty years’ criminal imprisonment where the offence defined under article 222-1 is committed against a minor under the age of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present Article.

ARTICLE 222-4

The offence defined under article 222-1 is punished by thirty years’ criminal imprisonment where it was committed habitually against a minor under the age of fifteen years or against a person whose particular vulnerability, due to age, sickness or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-5

The offence defined under article 222-1 is punished by thirty years’ criminal imprisonment where it entailed mutilation or permanent disability.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-6

The offence defined under article 222-1 is punished by criminal imprisonment for life where it brought about the death of the victim without intent to cause it.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-6-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 5 Official Journal of 13 June 2001

A legal person may incur criminal liability, pursuant to the conditions set out in article 121 -2, for the offences defined article 222-1 to 6.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2°of article 131-39 shall apply to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

§ 2. – ACTS OF VIOLENCE

ARTICLE 222-7

Acts of violence causing an unintended death are punished by fifteen years’ criminal imprisonment.

ARTICLE 222-8

Act no. 1996-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996; Act no. 1999-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999

The offence defined under article 222-7 is punished by twenty years’ criminal imprisonment where it is committed:

    1° against a minor under fifteen years of age;

    2° against a person whose particular vulnerability, due to age, sickness or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    3° against a natural or legitimate ascendant or the adoptive father or mother;

    4° Against a judge or prosecutor, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, in the exercise of his functions or mission, when the capacity of the victim is apparent or known to the perpetrator;;

    5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement.

    6° by the spouse or cohabitee of the victim;

    7° by a person holding public authority or discharging a public service mission in the exercise or at the occasion of the exercise of his functions or mission;

    8° by several persons acting as perpetrators or accomplices;

    9° with premeditation;

    10° with the use or threatened use of a weapon.

The penalty incurred is increased to thirty years’ criminal imprisonment where the offence defined under article 222-7 is committed against a minor under the age of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 222-9

Acts of violence causing mutilation or permanent disability are punished by ten years’ imprisonment and a fine of € 150,000.

ARTICLE 222-10

Act no. 1996-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996; Act no. 1999-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999

The offence defined under Article 222-9 is punished by fifteen years’ criminal imprisonment where it is committed:

    1° against a minor under fifteen years of age;

    2° against a person whose particular vulnerability, due to age, sickness or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    3° against a natural or legitimate ascendant or the adoptive father or mother;

    4° Against judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, in the exercise of his functions or mission, when the capacity of the victim is apparent or known to the perpetrator;

    5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement.

    6° by the spouse or cohabitee of the victim;

    7° by a person holding public authority or discharging a public service mission, in the exercise or on the occasion of the exercise of the functions or mission;

    8° by several persons acting as perpetrators or accomplices;

    9° with premeditation;

    10° with the use or threatened use of a weapon.

The penalty incurred is increased to twenty years’ criminal imprisonment where the offence defined under article 222-9 is committed against a minor under the age of fifteen years of age by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present Article.

ARTICLE 222-11

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Acts of violence causing a total incapacity to work for more than eight days are punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 222-12

Act no. 1996-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996; Act no. 1998-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998; Act no. 1999-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999;Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence defined under Article 222-11 is punished by five years’ imprisonment and a fine of € 75,000 where it is committed

    1° against a minor under fifteen years of age;

    2° against a person whose particular vulnerability, due to age, sickness or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    3° against a natural or legitimate ascendant or the adoptive father or mother;

    4° Against a judge or prosecutor, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, in the exercise of his functions or mission, when the capacity of the victim is apparent or known to the perpetrator;

    5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement.

    6° by the spouse or cohabitee of the victim;

    7° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of the functions or mission;

    8° by several persons acting as perpetrators or accomplices;

    9° with premeditation;

    10° with the use or threatened use of a weapon.

The penalty incurred is increased to ten years’ imprisonment and to a fine of € 150,000 where the offence defined under article 222-11 is committed against a minor under the age of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor. The penalty is increased to seven years’ imprisonment and to a fine of € 100,000 where the offence is committed in two of the circumstances enumerated under 1° to 10° of the present article. The penalty is increased to ten years’ imprisonment and to a fine of € 150,000 where it is committed in three of these circumstances.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the previous paragraph.

ARTICLE 222-13

Act no. 1996-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996; Act no. 1998-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998; Act no. 1999-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999;Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Acts of violence causing an incapacity to work of eight days or less or causing no incapacity to work are punished by three years’ imprisonment and a fine of € 45,000 where they are committed:

    1° against a minor under fifteen years of age;

    2° against a person whose particular vulnerability, due to age, sickness or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    3° against a natural or legitimate ascendant or the adoptive father or mother;

    4° Against a judge or prosecutor, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, in the exercise of his functions or mission, when the capacity of the victim is apparent or known to the perpetrator;

    5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement.

    6° by the spouse or cohabitee of the victim;

    7° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of the functions or mission;

    8° by several persons acting as perpetrators or accomplices;

    9° with premeditation;

    10° with the use or threatened use of a weapon.

    11° Where the acts were committed within a learning or educational institution, or, when students are entering or leaving, outside such an institution.

The penalty incurred is increased to five years’ imprisonment and to a fine of € 75,000 where the offence defined under the first paragraph is committed against a minor under the age of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor. The penalty is raised to five years’ imprisonment and a fine of € 75,000 where the offence brings about a total incapacity to work of eight days or less, is committed in two of the circumstances enumerated under 1° to 10° of the present Article. The penalty is increased to seven years’ imprisonment and a fine of € 100,000 where it is committed in three of these circumstances.

ARTICLE 222-14

Habitual acts of violence committed against a minor under the age of fifteen years or against a person whose particular vulnerability, due to age, sickness, disability, a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator is punished:

    1° by thirty years’ criminal imprisonment where they have caused the death of the victim;

    2° by twenty years’ criminal imprisonment where they have caused mutilation or permanent disability;

    3° by ten years’ imprisonment and a fine of € 150,000 where they have caused a total incapacity to work in excess of eight days;

    4° by five years’ imprisonment and a fine of € 75,000 where they have not caused a total incapacity to work in excess of eight days.

The first two paragraphs of article 132-23 governing the safety period are applicable to the cases provided for under 1° and 2° of the present article.

ARTICLE 222-15

An administration of noxious substances that affected the psychic or physical integrity of another is punished by the penalties mentioned under articles 222-7 to 222-14 according to the distinctions there laid down.

The first two paragraphs of article 132-23 governing the safety period are applicable to the cases provided for under 1° and 2° of the present article.

ARTICLE 222-16

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Malicious telephone calls or aggressions by sound when repeated with the aim of disturbing the peace of others are punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 222-16-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 6 Official Journal of 13 June 2001

Legal persons may incur criminal liability in the conditions set out under article 121-2 for the offences defined under the present paragraph.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

§ 3. – OF THREATS

ARTICLE 222-17

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A threat to commit a felony or a misdemeanour against persons the attempt to commit which is punishable is punished by six months’ imprisonment and a fine of € 7,500, if it is repeated, or evidenced by a written document, picture or any other object.

The penalty is increased to three years’ imprisonment and to a fine of € 45,000 where the threat is one of death.

ARTICLE 222-18

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A threat to commit a felony or a misdemeanour against persons, made by any means, is punished by three years’ imprisonment and a fine of € 45,000 where it is made with an order to fulfil a condition.

The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where the offence is a threat of death.

ARTICLE 222-18-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 7 Official Journal of 13 June 2001

Legal persons may incur criminal liability in the conditions set out under article 121-2 of the offences defined in the present paragraph.

The penalties incurred by legal person are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

    3° the penalty referred to under 1° of article 131-39 in relation to offences as defined under article 222-17 (second paragraph) and 222-18.

The prohibition provided for by 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 2.- INVOLUNTARY OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

ARTICLE 222-19

Act no. 2000-647 of 10 July 2000 Article 6 Official Journal of 11 July 2000; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Causing a total incapacity to work in excess of three months to another person through clumsiness, negligence, carelessness, recklessness or violation of a safety or prudence obligation imposed by statutes or regulations is punished by two years’ imprisonment and a fine of € 30,000.

In the event of a deliberate violation of a safety or prudence obligation imposed by statute or regulation the penalty to be imposed is increased to three years’ imprisonment and to a fine of € 45,000.

ARTICLE 222-20

Causing a total incapacity to work of three months or less to another person by a deliberate violation of a safety or prudence obligation imposed by Statutes or Regulations, is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 222-21

Legal persons may incur criminal liability for the offences defined by articles 222-19 and 222-20, pursuant to the conditions set out under article 121-2.

The penalties to be imposed upon legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties mentioned under 2°, 3°, 8° and 9° of article 131-39.

The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

In the cases referred to under the second paragraph of article 222-19, the penalty mentioned under 4° of article 131-39 is incurred.

SECTION 3. – SEXUAL AGGRESSIONS – COMMON PROVISIONS

ARTICLE 222-22

Act no. 1998-468 of 17 June 1998 Article 19 Official Journal of 18 June 1998

Sexual aggression is any sexual assault committed with violence, constraint, threat or surprise.

Where a sexual aggression was committed abroad against a minor by a French national or a person habitually resident in France, French law applies notwithstanding the second paragraph of article 113-6 and the provisions of the second sentence of article 113-8 are not applicable.

§ 1. – RAPE

ARTICLE 222-23

Any act of sexual penetration, whatever its nature, committed against another person by violence, constraint, threat or surprise, is rape.

Rape is punished by fifteen years’ criminal imprisonment.

ARTICLE 222-24

Act no. 1998-468 of 17 June 1998 Article 13 Official Journal of 18 June 1998

Rape is punished by twenty years’ criminal imprisonment

    1° where it causes mutilation or permanent disability;

    2° where it is committed against a minor under the age of fifteen years;

    3° where it is committed against a person whose particular vulnerability, due to age, sickness, to a disability, a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator;

    4° where it is committed by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim

    5° where it is committed by a person misusing the authority conferred by his functions;

    6° where it is committed by several persons acting as perpetrators or accomplices;

    7° where it is committed with the use or threatened use of a weapon.

ARTICLE 222-25

Rape is punished by thirty years’ criminal imprisonment where it caused the death of the victim.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-26

Rape is punished by imprisonment for life when it is preceded, accompanied or followed by torture or acts of barbarity.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present Article.

§ 2. – OTHER SEXUAL AGGRESSIONS

ARTICLE 222-27

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Sexual aggressions other than rape are punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 222-28

Act no. 1998-468 of 17 June 1998 Article 13 Official Journal of 18 June 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence defined under article 222-27 is punished by seven years’ imprisonment and a fine of € 100,000:

    1° where it has caused an injury or a lesion;

    2° where it is committed by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim;

    3° where it is committed by a person misusing the authority conferred by his functions;

    4° where it is committed by several persons acting as offenders or accomplices;

    5° where it is committed with the use or threatened use of a weapon.

ARTICLE 222-29

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Sexual aggressions other than rape are punished by seven years’ imprisonment and a fine of € 100,000 where they are committed against:

1° a minor under the age of fifteen years;

2° a person whose particular vulnerability due to age, sickness, disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator.

ARTICLE 222-30

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence defined under article 222-29 is punished by ten years’ imprisonment and a fine of € 150,000:

    1° where it has caused an injury or a lesion;

    2° where it is committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;

    3° where it is committed by a person misusing the authority conferred by his functions;

    4° where it is committed by several persons acting as offenders or accomplices;

    5° where it is committed with the use or threatened use of a weapon.

ARTICLE 222-31

Attempt to commit the misdemeanours set out under Articles 222-27 to 222-30 is punished by the same penalties.

ARTICLE 222-32

An indecent sexual exposure imposed on the view of others in a public place is punished by one year’s imprisonment and a fine of € 15,000.

§ 3. – SEXUAL HARASSMENT

ARTICLE 222-33

Act no. 1998-468 of 17 June 1998 Article 11 Official Journal of 18 June 1998 rectifying Official Journal of 2 July 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002; Act no. 2002-73 of 17 January 2002 Article 179 Official Journal of 18 January 2002

The harassment of another person for the purpose of obtaining favours of a sexual nature is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 222-33-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 8 Official Journal of 13 June 2001

Legal persons may incur criminal liability in the conditions set out under article 121-2 of the offences defined under article 222-22 to 222-31.

Penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition prescribed by 2°of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 3 BIS. – MORAL HARASSMENT

ARTICLE 222-33-2

Act no. 2002-73 of 17 January 2002 Article 170 Official Journal of 18 January 2002

Harrassing another person by repeated conduct which is designed to or which leads to a deterioration of his conditions of work liable to harm his rights and his dignity, to damage

his physical or mental health or compromise his career prospects is punished by a fine of  € 13,000.

SECTION 4. – TRAFFICKING IN DRUGS

ARTICLE 222-34

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The leading or organising of a group the objective of which is the production, manufacture, import, export, transport, retention, offer, sale, acquisition or unlawful use of drugs is punished by criminal imprisonment for life and a fine of € 7,500,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 222-35

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The unlawful production or manufacture of drugs is punished by twenty years’ criminal imprisonment and a fine of € 7,500,000.

These offences are punished by thirty years’ criminal imprisonment and a fine of € 7,500,000 where they are committed by an organised gang.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 222-36

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The unlawful import or export of drugs is punished by ten years’ imprisonment and a fine of € 7,500,000.

These offences are punished by thirty years’ criminal imprisonment and a fine of € 7,500,000 where they are committed by an organised gang.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 222-37

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The unlawful transport, retention, offer, sale, acquisition or use of drugs is punished by ten years’ imprisonment and a fine of € 7,500,000.

The same penalty applies to the facilitation by whatever means of the unlawful use of drugs, the obtaining of their delivery by fictitious or improperly issued prescriptions, or their delivery on the presentation of such prescription knowing they are fictitious or were improperly issued.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 222-38

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Act no. 1996-392 of 13 May 1996 Article 2 Official Journal of 14 May 1996; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A penalty of ten years’ imprisonment and a fine of € 750,000 is incurred by the act of facilitating by any means the false justification of the origin of the assets or income of the perpetrator of one of the offences specified by articles 222-34 to 222-37, and by providing assistance for the investment, concealment or conversion of the fruits of one of these offences.  The fine may be increased to half the value of the assets or funds involved in the money-laundering operation.

Where an offence concerns assets or funds proceeding from one of the offences specified in articles 222-34, 222-35 and 222-36, second paragraph, the perpetrator is liable to the penalties applicable to the offences of which he was aware.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 222-39

Act no. 1992-1336 of 16 December 1992 Articles 354 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The unlawful sale or offer of drugs to a person for his personal consumption is punished by five years’ imprisonment and a fine of € 75,000.

The imprisonment is increased to ten years when the drugs are offered or sold, in the circumstances specified in the paragraph above, to minors, or within teaching or educational centres, or administrative premises.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the previous paragraph.

ARTICLE 222-39-1

Act no. 1996-392 of 13 May 1996 Article 17 Official Journal of 14 May 1996; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The inability to justify an income corresponding to one’s lifestyle, while maintaining habitual relationships with one or more persons engaged in one of the activities punished by this section of the present Code, or with persons engaged in the use of drugs, is punished by five years’ imprisonment and a fine of € 75,000.

The imprisonment is increased to ten years where one or more persons concerned by the previous paragraph are minors.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the previous paragraph.

ARTICLE 222-40

Attempt to commit the misdemeanours set out under articles 222-3 6 (first paragraph) to 222-39 is punished by the same penalty.

ARTICLE 222-41

Drugs within the meaning of the provisions of the present section are substances or plants classified as drugs according to article L. 627 of the Public Health Code.

ARTICLE 222-42

Legal persons may incur criminal liability for the offences defined by articles 222-34 to 222-39, pursuant to the conditions set out under article 121 2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the condition set out under article 131-38;

    2° the penalties enumerated under article 131-39.

The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

ARTICLE 222-43

A custodial sentence imposed on an offender of or an accomplice to the offences set out under articles 222-34 to 222-40 is reduced by half where, having informed judicial or administrative authorities, he has enabled the criminal actions to be ended and, as may be, enabled the other offenders to be identified.

SECTION 5. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 222-44

Natural persons convicted of the offences provided for by the present chapter also incur the following additional penalties:

    1° prohibition to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed, pursuant to the conditions set out under article 331-27;

    2° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    3° suspension of the driving licence for a maximum period of five years; suspension may be limited to driving otherwise than in the professional activity;

    4° cancellation of the driving licence, together with prohibition, for a maximum period of five years, to apply for the issue of a new licence;

    5° confiscation of one or more vehicles belonging to the convicted person;

    6° confiscation of one or more weapons belonging to the convicted person or which are freely available to him;

    7° confiscation of the thing which was used or was intended for the commission of the offence, or of the thing which is its product.

ARTICLE 222-45

Act no. 1992-1336 of 16 December 1992 Articles 356 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Act no. 1998-468 of 17 June 1998 Article 12 Official Journal of 18 June 1998

Natural persons convicted of the offences set out under sections 1, 3 and 4 may also incur the following penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under Article 131-26;

    2° prohibition to hold public office, pursuant to the conditions set out under article 131-27.

ARTICLE 222-46

Natural persons convicted of the offences set out under section 2 of the present chapter also incur the additional penalty of public display or dissemination of the decision provided for by article 131-35.

ARTICLE 222-47

In the cases set out under articles 222-1 222-15, 222-23 to 222-30 and 222-34 to 222-40, a court may order an additional penalty of area banishment, pursuant to the conditions set out under article 131-31.

In the cases set out under articles 222-34 to 222-40, it may also impose a ban, for period of five years, on leaving the territory of the French Republic.

ARTICLE 222-48

Act no. 1993-1027 of 24 August 1993 Article 33 Official Journal of 29 August 1993; Act no. 1998-349 of 11 May 1998 Article 37 Official Journal of 12 May 1998

Any alien convicted of any of the offences set out under articles 222-1 to 222-8 and 222-10, under 1° and 2° of article 222-14, under articles 222-23 to 222-26, 222-30, 222-34 to 222-39 as well as under article 222-15 in the cases referred to under the second paragraph of that article, may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

The provisions of the last five paragraphs of article 131-30 do not apply to persons convicted of the offences defined under articles 222-34, 222-35, 222-36 and 222-38.

ARTICLE 222-48-1

Inserted by Act no. 1998-468 of 17 June 1998 article 3 Official Journal of 18 June 1998

Persons guilty of the offences defined under articles 222-23 to 222-32 may in addition have an order of a socio-judicial probation imposed on them in the manner prescribed by article 131-36-1 to 131-36-8.

SECTION 6. – COMMON PROVISIONS APPLICABLE TO NATURAL AND LEGAL PERSONS

ARTICLE 222-49

Act no. 1992-1336 of 16 December 1992 Articles 357 and 373 Official Journal of 23 December 1992 into force 1 March 1994

In the cases set out under articles 222-34 to 222-40, it is mandatory for the court to order the confiscation of installations, equipment and of any asset used directly or indirectly for the commission of the offence, as well as all the products coming from the said installations, equipment or assets, whoever may own them and wherever they may be, provided their owner could not have been ignorant of their fraudulent origin or utilisation.

The confiscation of some or all of the assets of a convicted person, whatever their nature, movable or immovable, separately or jointly owned, may also be ordered in the cases set out under articles 222-34, 222-35, 222-3 6 and 222-38.

ARTICLE 222-50

Act no. 1992-1336 of 16 December 1992 Articles 358 and 373 Official Journal of 23 December 1992 into force 1 March 1994

Natural or legal persons convicted of the offences set out under articles 222-34 to 222-40 also incur the following additional penalties:

    1° permanent withdrawal of a bar or restaurant licence;

    2° mandatory closure, either permanently or for a maximum period of five years, of any premises open to the public or used by the public within which the offences defined by these articles were committed by the manager or with his complicity.

ARTICLE 222-51

Temporary mandatory closure under article 222-50 entails the suspension of the bar or restaurant licence for the same length of time. The expiry period of the said licence is suspended during the mandatory closure.

Permanent mandatory closure under article 222-50 entails the permanent withdrawal of the bar or restaurant licence.

CHAPTER III. – ENDANGERING OTHER PERSONS

SECTION 1. RISKS CAUSED TO OTHER PERSONS

ARTICLE 223-1

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The direct exposure of another person to an immediate risk of death or injury likely to cause mutilation or permanent disability by the manifestly deliberate violation of a specific obligation of safety or prudence imposed by any statute or regulation is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 223-2

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2, for the offence defined under article 223-1.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3°, 8° and 9° of article 131-39.

The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 2. – ABANDONMENT OF A PERSON UNABLE TO PROTECT HIMSELF

ARTICLE 223-3

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The abandonment in any place of a person incapable of protecting himself by reason of his age, psychic or physical state is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 223-4

An abandonment which results in mutilation or permanent disability is punished by fifteen years’ criminal imprisonment.

An abandonment which results in death is punished by twenty years’ criminal imprisonment.

SECTION 3. – OBSTRUCTING MEASURES OF ASSISTANCE AND OMISSION TO HELP

ARTICLE 223-5

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Wilfully obstructing the arrival of help intended save a person from an imminent peril or to combat a disaster creating a danger to the safety of persons is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 223-6

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Anyone who, being able without risk to himself or to third parties to prevent by immediate action a felony or a misdemeanour against the bodily integrity of a person, wilfully abstains from doing so, is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to anyone who wilfully fails to render to a person in danger any assistance which, without risk to himself or to third parties, he could render him either by his own action, or by initiating  rescue operations.

ARTICLE 223-7

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Anyone who voluntarily abstains to take or initiate measures to combat a disaster likely to endanger the safety of others which involve no risk to himself or to third parties is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 223-7-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 9 Official Journal of 13 June 2001

A legal person may incur criminal liability, pursuant to the conditions set out under article 121 -2, for the offence defined under article 221-6.

The penalties to be incurred by legal persons are :

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2°of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 4. – EXPERIMENTATION ON HUMAN BEINGS

ARTICLE 223-8

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Practising or causing biomedical research to be practised on a person without having obtained the free, informed and explicit consent of the person concerned, or that of the holders of parental authority or of the tutor in the cases provided for under the provisions of the Code of Public Health is punished by three years’ imprisonment and a fine of € 45,000.

The same penalties are applicable where the biomedical research is practised after the consent was withdrawn.

ARTICLE 223-9

Legal persons may incur criminal liability for the offence defined under article 223-8, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° The penalties enumerated under article 131-39.

The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 5. -ILLEGAL TERMINATION OF PREGNANCIES

ARTICLE 223-10

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The termination of a pregnancy without the consent of the person concerned is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 223-11

The termination of the pregnancy of another person is punished by two years’ imprisonment and a fine of € 30,000 where it is knowingly practised in one of the following circumstances:

    1° after the expiry of the period during which it is authorised by law, except where it is practised for a therapeutic motive;

    2° by a person who is not a doctor in medicine;

    3° within  premises other than a public or a private hospital complying with the conditions set down by law.

This offence is punished by five years’ imprisonment and a fine of € 75,000 where the offender commits it habitually. Attempt to commit the misdemeanours provided for by the present article is punished by the same penalties.

ARTICLE 223-12

Furnishing a woman with the physical means to practice a termination of pregnancy on herself is punished by three years’ imprisonment and a fine of € 45,000. The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where the offence is committed habitually.

SECTION 6. – OF PROVOCATION TO SUICIDE

ARTICLE 223-13

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The provocation of another person to commit suicide is punished by three years’ imprisonment and a fine of € 45,000 where the provocation was followed by a suicide or attempted suicide.

The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where the victim of the offence defined by the previous paragraph is a minor under fifteen years of age.

ARTICLE 223-14

Propaganda or advertising, in whatever manner, in favour of products, articles or methods recommended as means to procure one’s death, is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 223-15

Where the misdemeanours set out under articles 223-13 and 223-14 are committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 223-15-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 10 Official Journal of 13 June 2001

Legal persons may incur criminal liability in the conditions set out under article 121-2 of the offences defined in this Section of the present Code.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

    3° the penalty referred to under 1° of article 131-39 in relation to offences as defined under the second paragraph of article 222-13.

The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION VI BIS. – FRAUDULENT ABUSE OF A PERSON’S IGNORANCE OR WEAKNESS

ARTICLE 223-15-2

Act no. 2001-504 of 12 June 2001 Article 10 Official Journal of 13 June 2001; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A penalty of three years’ imprisonment and a fine of € 375, 000 is incurred by the fraudulent abuse of the ignorance or state of weakness of a minor, or of a person whose particular vulnerability, due to age, sickness, disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the offender, or a person in a state of psychological or physical dependency resulting from serious or repeated pressure or from techniques used to affect his judgement, in order to induce the minor or other person to perform an act  or an omission seriously harmful to him.

Where the offence is committed by the legal or de facto manager of a group that carries out activities the aim or effect of which is to create, maintain or exploit the psychological or physical dependency of those who participate in them, the penalty is increased to five years’ imprisonment and to a fine of  € 750, 000.

ARTICLE 223-15-3

Inserted by Act no. 2001-504 of 12 June 2001 Article 10 Official Journal of 13 June 2001

Natural persons convicted of the misdemeanour under the present Section also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, in accordance with the provisions of article 131-27, to exercise for a period of up to five years the professional or social activity in the exercise of which, or on the occasion of which, the offence was committed;

    3° the closure, for a period of up to five years, of the establishments or one or more of the establishments of enterprise used to commit the offences in question;

    4° confiscation of the thing which was used in or was intended to be used in the commission of the offence, or of the thing which is the product of it, except for articles liable to restitution;

    5° area banishment, in accordance with the provisions of article 131-31;

    6° prohibition to draw cheques, for a period of up to five years, except for those enabling the withdrawal of funds by the drawer from the drawee or certified cheques;

    7° the public display or dissemination of the decision pronounced, in the manner as set out under article 131-35.

ARTICLE 223-15-4

Inserted by Act no. 2001-504 of 12 June 2001 Article 10 Official Journal of 13 June 2001

Legal persons may incur criminal liability for the offence defined in this Section of the present Code under the conditions set out in article 121-2.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

    3° The penalty referred to under 1° of article 131-39 in relation to offences as defined under article 222-17 (second paragraph) and 222-18.

The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 7. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 223-16

Natural persons convicted of any of the offences set out under articles 223-3 to 223-8, 223-10 to 223-14 also incur forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26.

ARTICLE 223-17

Natural persons convicted of any of the offences set out under articles 223-3, 223-4, 223-8, 223-10 to 223-14 also incur the following penalties:

    1° prohibition for a maximum period of five years pursuant to the conditions set out under Article 131-27, to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed;

    2° confiscation defined under article 131-21; in the cases provided under articles 223-13 and 223-14, a court may order the confiscation of the written, visual or phonic documents which were used to commit the offence; the court may in addition order the destruction of any or all of these documents;

    3° The permanent mandatory closure or the mandatory closure for a maximum period of five years of one, some or all of the premises of the enterprise which allowed the offence to be committed.

In the situation provided under article 223-8, a court may order permanent exclusion from public tenders, or an exclusion for a maximum period of five years.

ARTICLE 223-18

Natural persons convicted of the offence set out under article 223-1 also incur the following penalties:

    1° prohibition to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed, pursuant to the conditions set out under article 131-27;

    2° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    3° suspension of the driving licence for a maximum period of five years; this suspension may be limited to driving otherwise than in the professional activity;

    4° cancellation of the driving licence, together with the prohibition, for a maximum period of five years, to apply for the issue of a new one.

ARTICLE 223-19

Natural persons convicted of any of the offences set out under articles 223-10 and 223-11 shall incur, in addition to the penalties mentioned by those articles, prohibition to practise a medical or paramedical activity, for a maximum period of five years.

ARTICLE 223-20

Natural persons convicted of any of the offences set out under articles 223-1 and 223-8 also incur the additional penalty of the public display or dissemination of the decision set out under article 131-35.

CHAPTER IV. VIOLATIONS OF PERSONAL LIBERTY

SECTION 1. ABDUCTION AND ILLEGAL RESTRAINT

ARTICLE 224-1

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The arrest, abduction, detention or imprisonment of a person without an order from an established authority and outside the cases provided by law is punished by twenty years’ criminal imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable to this offence.

However, where the person detained or imprisoned is voluntarily freed before the expiy of the seventh day following his capture, the sentence is five years’ imprisonment and a fine of € 75,000, except in the cases as set out under article 224-2.

ARTICLE 224-2

The offence set out under article 224-1 is punished by thirty years’ criminal imprisonment where the victim suffers mutilation or permanent disability wilfully caused or resulting from his conditions of detention, or from the deprivation of food or care.

It is punished by a criminal imprisonment for life where it is preceded or accompanied by torture or acts of barbarity or where it is followed by the death of the victim.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 224-3

The offence set out under article 224-1 is punished by thirty years’ criminal imprisonment where it is committed either by an organised gang, or against several persons.

The first two paragraphs of article 132-23 governing the safety period are applicable to this offence.

Nevertheless, where the detained or restrained person or all the detained or restrained persons are freed voluntarily within the period set out under the third paragraph of article 224-1, the sentence is ten years’ imprisonment, except where the victim or one of victims has sustained one of the offences against his physical integrity as enumerated under article 224-2.

ARTICLE 224-4

Where the person was arrested, abducted, detained or restrained as a hostage either to prepare or facilitate the commission of a felony or a misdemeanour, or to assist in the escape of or to ensure the impunity of the perpetrator or the accomplice to a felony or a misdemeanour, or to secure the enforcement of an order or a condition, in particular the payment of a ransom, the offence set out under article 224-1 is punished by thirty years’ criminal imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable to this offence.

Except in the cases provided under article 224-2, the sentence is ten years’ imprisonment where the person who is taken hostage in the conditions as defined under the first paragraph is freed voluntarily before the end of the seventh day from his capture, without the order or condition being carried out.

ARTICLE 224-5

Where the victim of one of the felonies set out under articles 224-1 to 224-4 is a minor under fifteen years of age, the penalty is increased to a criminal imprisonment for life where the offence is punished by thirty years’ criminal imprisonment and to thirty years’ criminal imprisonment where the offence is punished by twenty years’ criminal imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable in the cases set out under the present article.

SECTION 2. – HIJACKING OF PLANES, SHIPS OR OTHER MEANS OF TRANSPORT

ARTICLE 224-6

The seizure or taking over by violence or threat of violence of a plane, ship or any other means of transport on board which persons have taken their places, or of any permanent platform situated on the continental shelf, is punished by twenty years of criminal imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable to this offence.

ARTICLE 224-7

The offence defined under article 224-6 is punished by criminal imprisonment for life where it is accompanied by torture or acts of barbarity or where it has entailed the death of one or more persons.

The first two paragraphs of article 132-23 are applicable to this offence.

ARTICLE 224-8

Act no. 92-1336 of 16 December Articles 3459 and 373 Official Journal 23 December 1992 into force on 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The wilful endangering of the safety of aircraft which is airborne or of a ship which is at sea through the communication of false information is punished by five years’ imprisonment and a fine of € 75,000.

Attempt to commit the offence provided for by the present article is punished subject to the same penalty.

SECTION 3. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 224-9

Natural persons convicted of the offences provided for by the present chapter incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed,.

    3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years.

CHAPTER V. OFFENCES AGAINST THE DIGNITY OF PERSONS

SECTION 1. DISCRIMINATION

ARTICLE 225-1

Act no. 2001-1066 of 16 November 2001 Article 1 Official Journal of 17 November 2001

Discrimination comprises any distinction applied between natural persons by reason of their origin, sex, family situation, state of health, handicap, sexual morals, political opinions, union activities, or their membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion.

Discrimination also comprises any distinction applied between legal persons by reason of the origin, sex, family situation, state of health, handicap, sexual morals, political opinions, union activities, membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion of one or more members of these legal persons.

ARTICLE 225-2

Act no. 2001-1066 of 16 November 2001 Article 1 Official Journal of 17 November 2001; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Discrimination defined by article 225-1, committed against a natural or legal person, is punished by two years’ imprisonment and a fine of € 30,000 where it consists:

    1° of the refusal to supply goods or services;

    2° of obstructing the normal exercise of any given economic activity;

    3° of the refusal to hire, to sanction or to dismiss a person;

    4° of subjecting the supply of goods or services to a condition based on one of the factors referred to under article 225-1;

    5° of subjecting an offer of employment to a condition based on one of the factors referred to under article 225-1.

ARTICLE 225-3

The provisions of the previous article do not apply to:

    1° discrimination based on state of health, when it consists of operations aimed at the prevention and coverage of the risk of death, of risks for the physical integrity of the person, or the risk of incapacity to work or invalidity;

    2° discrimination based on state or health or handicap, if it consists of a refusal to hire or dismiss based on a medically established incapacity, according to either the provisions of title IV of book II of the Labour Code, or of the laws defining the statutory framework of the public service;

    3° recruitment discrimination based on gender when the fact of being male or female constitutes the determining factor in the exercise of an employment or professional activity, in accordance with the provisions of the Labour Code or of the laws defining the statutory framework of the public service.

ARTICLE 225-4

Legal persons may incur criminal liability for the offence defined under article 225-2, pursuant to the conditions set out under article 121-2. The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3°, 4°, 5°, 8° and 9° of article 131-39.

The prohibition referred to in 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 2. – OF PROCURING AND ASSIMILATED OFFENCES

ARTICLE 225-5

Act no. 2001-1062 of 15 November 2001 Article 3 Official Journal of 22 November 2001; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Procuring is where any person, in whatsoever manner:

    1° helps, assist or protects the prostitution of others;

    2° makes a profit out of the prostitution of others, shares the products of it or receives income from a person engaging habitually in prostitution;

    3° hires, leads to or attracts a person in view of prostitution or exercises on such a person pressure to practice prostitution or to continue doing so.

Procuring is punished by five years’ imprisonment and a fine of € 150,000.

ARTICLE 225-6

The following acts committed by any person and in whatever manner are assimilated to procuring and are punished by the penalties set out under article 225-5:

    1° acting as an intermediary between two persons one of whom is engaged in prostitution and the other exploits or remunerates the prostitution of others;

    2° facilitating the justification of a procurer’s fictitious resources;

    3° being unable to account for an income compatible with his  lifestyle while living with a person habitually engaged in prostitution or while entertaining habitual relationships with one or more persons engaging in prostitution;

    4° obstructing operations of prevention, control, assistance or re-education undertaken by institutions qualified to deal with persons in danger of prostitution or engaging in prostitution.

ARTICLE 225-7

Act no. 1998-468 of 17 June 1998 Article 13 Official Journal of 18 June 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Procuring is punished by ten years’ imprisonment and a fine of € 1,500,000 where it is committed:

    1° in respect of a minor;

    2° in respect of a person whose particular vulnerability, due to age, sickness, to a disability, a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the offender;

    3° in respect of several persons;

    4° in respect of a person who was incited to engage in prostitution either outside the territory of the French Republic, or upon arrival on the territory of the French Republic;

    5° by a legitimate, natural or adoptive ascendant of the person engaged in prostitution or by a person holding authority over him or who misuses the authority conferred by his functions;

    6° by a person called upon to take part, by virtue of his functions, in the fight against prostitution, in the protection of health or in the keeping of the public peace;

    7° by a person bearing a weapon;

    8° with the use of constraint, violence or fraudulent behaviour;

    9° by several persons acting as offenders or accomplices, although not constituting an organised gang.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 225-7-1

Inserted by Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

The offence of procuring is punished by fifteen years’ criminal imprisonment and a fine of € 3,000,000 where it is committed against a minor of fifteen years old.

ARTICLE 225-8

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence of procuring defined under article 225-7 is punished by twenty years’ criminal imprisonment and a fine of € 3,000,000 where it is committed by an organised gang.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present Article.

ARTICLE 225-9

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence of procuring committed by resorting to torture or acts of barbarity is punished by criminal imprisonment for life and a fine of € 4,500,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence provided for by the present article.

ARTICLE 225-10

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A penalty of ten years’ imprisonment and a fine of € 750,000 is incurred by anyone who, acting directly or through an intermediary:

    1° holds, manages, exploits, directs, operates, finances or contributes to finance a place of prostitution;

    2° holding, managing, exploiting, directing, operating, financing or contributing to finance any given place open to the public or used by the public, accepts or habitually tolerates one or more persons to engage in prostitution within the premises or their annexes, or solicits clients in such premises with a view to prostitution;

    3° sells or makes available to one or more persons any premises or places not open to the public, in the knowledge that they will there engage in prostitution.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under 1° and 2° of the present article.

ARTICLE 225-11 Attempt to commit the misdemeanours set out under the present Section is subject to the same penalties.

ARTICLE 225-12

Legal persons may incur criminal liability for the offences defined by articles 225-5 to 225-10, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties set out under article 131-39.

SECTION 2 BIS. – OF RECOURSE TO MINORS’ PROSTITUTION

ARTICLE 225-12-1

Inserted by Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

Soliciting, accepting or obtaining, in exchange for a remuneration or a promise of a remuneration, sexual relations with a minor who is engaging in prostitution, even if not regularly, is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 225-12-2

Inserted by Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

The penalty is increased to five years’ imprisonment and to € 75,000:

    1° where the offence is committed habitually or against more than one minor;

    2° where the minor was put in contact with the offender by the use, for the dissemination of messages to an unrestricted public, of a communication network;

    3° where the offence was committed by a person abusing the authority conferred upon him by his position.

The penalty is increased to seven years’ imprisonment and to a fine of € 100,000 where the minor is under fifteen years of age.

ARTICLE 225-12-3

Inserted by Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

Where the misdemeanours referred to under articles 225-12-1 to 225-12-2 are committed abroad by a French national or by a person habitually resident on French territory, French law is applicable notwithstanding the second paragraph of article 113-6, and the provisions of the second sentence of article 113-8 do not apply.

ARTICLE 225-12-4

Inserted by Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

A legal person may incur criminal liability, pursuant to the conditions set out under article 121 -2, for the offence defined under this Section of the present Code.

The penalties to be incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2°, 3° 8° and 9° of article 131-39.

The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 3. – WORKING AND LIVING CONDITIONS VIOLATING THE DIGNITY OF PERSONS

ARTICLE 225-13

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Obtaining the performance of unpaid services or of services against which a payment is made which clearly bears no relation to the importance of the work performed by abusing a person’s vulnerability or situation of dependence is punished by two years’ imprisonment and a fine of € 75,000.

ARTICLE 225-14

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Subjecting a person to working or living conditions incompatible with human dignity, by abusing a person’s vulnerability or situation of dependence, is punished by two years’ imprisonment and a fine of € 75,000.

ARTICLE 225-15

The offences defined under articles 225-13 and 225-14 are punished by five years’ imprisonment and a fine of € 150,000 when they are committed in respect of several persons.

ARTICLE 225-16

Act no. 1998-657 of 29 July 1998 Article 124 Official Journal of 31 July 98

Legal persons may be convicted of the offences defined by articles 225-13 to 225-15, pursuant to the conditions set out under article 121-2. The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties set out under article 131-39.

SECTION III BIS. – DEGRADING INITIATION CEREMONIES

ARTICLE 225-16-1

Act no. 1998-657 of 29 July 1998 Article 14 Official Journal of 31 July 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Except in cases of violence, threat or sexual assault, a person who induces another, with or without his consent, to submit to or commit humiliating or degrading acts at demonstrations or meetings linked to schools or socio-educational centres is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 225-16-2

Act no. 1998-657 of 29 July 1998 Article 14 Official Journal of 31 July 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The offence under article 225-16-1 is punished by one year’s imprisonment and a fine of € 15,000 where it is committed against a person whose particular vulnerability, due to age, sickness, to a disability or to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the offender.

ARTICLE 225-16-3

Act no. 1998-657 of 29 July 1998 Article 14 Official Journal of 31 July 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Legal persons may incur criminal liability, in the manner provided by article 121-2, for the offences committed during demonstrations or meetings linked to educational or socio-educational centres under 225-16-1 and 225-16-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties set out under article 131-39.

SECTION 4.- VIOLATIONS OF RESPECT FOR THE DEAD

ARTICLE 225-17

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Any violation of the physical integrity of a corpse committed by any person is punished by one year’s imprisonment and a fine of € 15,000.

The violation or desecration of tombs, burials grounds or monuments erected to the memory of the deceased, committed by any means, is punished by one year’s imprisonment and a fine of € 15,000.

The penalty is increased to two years’ imprisonment and to a fine of € 30,000 where the offences defined under the previous paragraph were accompanied by a violation of the physical integrity of the corpse.

ARTICLE 225-18

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Where the offences defined under the previous article were committed by reason of the membership or non-membership, true or supposed, of the deceased persons to any given ethnic group, nation, race or religion, penalties are increased to three years’ imprisonment and to a fine of € 45,000 in for the offences defined under the first two paragraphs of article 225-17 and to five years’ imprisonment and to a fine of € 75,000 in relation to the offence defined by the last paragraph of that article.

ARTICLE 225-18-1

Inserted by Act no. 2001-504 of 12 June 2001 Article 11 Official Journal of 13 June 2001

Legal persons may incur criminal liability for the offence defined under article 225-17 and 225-18, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under 2° to 9° of article 131-39;

    3° the penalty referred to under 1° of article 131-39 for the offences referred to under article 225-18.

The prohibition referred to in 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 5. – OF ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 225-19

Act no. 1998-657 of 26 July 1998 Article 124 Official Journal of 31 July 1998

Natural persons convicted of the offences set out under Sections 1 and 3 of the present Chapter also incur the following additional penalties:

    1° forfeiture of rights under 2° and 3° of article 131-26 for a maximum period of five years;

    2° public display or dissemination of the decision pronounced, pursuant to the conditions set out under article 131-35;

    3° mandatory closure, either for a maximum period of five years or permanently, of one, some or all of the premises of the business belonging to the person convicted;

    4° exclusion from public tenders either permanently or for a maximum period of five years.

ARTICLE 225-20

Decree no. 2002-305 of 4 March 2002 Article 13 Official Journal of 5 March 2002

Natural persons convicted of the offences under section 2 of the present chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed, pursuant to the conditions set out under article 131-27;

    3° area banishment;

    4° prohibition to manage, directly or indirectly, establishments open to the public or used by the public specified in the sentence, to be employed there in any capacity or to have or continue any financial participation;

    5° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    6° prohibition, for a maximum period of five years, to leave the territory of the French Republic.

ARTICLE 225-21

Any alien convicted of any of the offences set out under section 2 of the present chapter may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

SECTION 6. -PROVISIONS COMMON TO NATURAL AND LEGAL PERSONS

ARTICLE 225-22

Natural or legal persons convicted of the offences set out under Article 225-10 also incur the following additional penalties:

    1° final withdrawal of a bar or restaurant licence;

    2° the mandatory closure, either permanently or for a maximum period of five years, of the entire establishment or of the parts of the establishment used for the purpose of prostitution;

    3° seizure of business capital and equipment.

ARTICLE 225-23

Temporary mandatory closure set out under the third paragraph (point 2°) of article 225-22 entails the suspension of the bar or restaurant licence for the same length of time. The expiry of the said licence is suspended for the period of the mandatory closure.

Permanent mandatory closure provided for under article 225-22 entails the permanent withdrawal of the bar or restaurant licence.

ARTICLE 225-24

Natural or legal persons convicted of the offences set out under articles 225-8 to 225-10 also incur:

    1° confiscation of the movable assets directly or indirectly used for the commission of the offence as well as of any products of the offence held by a person other than the person engaging in prostitution;

    2° refund of the repatriation expenses of the victim or victims.

CHAPTER VI. – OFFENCES AGAINST PERSONALITY

SECTION 1. – OFFENCES AGAINST PRIVACY

ARTICLE 226-1

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A penalty of one year’s imprisonment and a fine of € 45,000 is incurred for any wilful violation of the intimacy of the private life of other persons by resorting to any means of:

    1° intercepting, recording or transmitting words uttered in confidential or private circumstances, without the consent of their speaker;

    2° taking, recording or transmitting the picture of a person who is within a private place, without the consent of the person concerned.

Where the offences referred to by the present article were performed in the sight and with the knowledge of the persons concerned without their objection, although they were in a position to do so, their consent is presumed.

ARTICLE 226-2

The same penalties apply to the keeping, bringing or causing to be brought to the knowledge of the public or of a third party, or the use in whatever manner, of any recording or document obtained through any of the actions set out under article 226-1.

Where the misdemeanour under the previous paragraph is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 226-3

The same penalties apply to the manufacture, import, detention, exhibition, offer, rental or sale, in the absence of a ministerial authorisation whose conditions of granting are determined by decree of the Conseil d’Etat, of equipment designed to perform operations which may constitute the offence set out under the second paragraph of article 226-15 or which, being designed for the detection of conversations from a distance, enable the commission of an offence under article 226-1 and are enumerated on a list drawn up pursuant to the conditions determined by that Decree.

The same penalties apply to the advertising of a device liable to enable the commission of the offences set out under article 226-1 and the second paragraph of article 226-15, where this advertisement constitutes an incentive to commit such offences.

ARTICLE 226-4

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The penetration or unlawful occupation of the residence of another by manoeuvres, threats, acts of violence or constraint, except where permitted by law, is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 226-5

Attempts to commit the offences set out under the present Section are similarly punishable.

ARTICLE 226-6

In the cases set out under articles 226-1 and 226-2, criminal proceedings may only be initiated on the complaint of the victim, his legal representative or the legal successor to his rights.

ARTICLE 226-7

Legal persons may incur criminal liability for the offences defined by the present section, pursuant to the conditions set out under article 121-2.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under Article 131-38;

    2° the prohibition, either permanently or for a maximum period of five years, to discharge directly or indirectly the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed;

    3° the public display or dissemination of the decision pursuant to the conditions set out under article 131-35.

SECTION 2. – OFFENCES AGAINST THE IMAGE OF PERSONS

ARTICLE 226-8

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A sentence of one year’s imprisonment and a fine of € 15,000 apply to the publishing by any means of a montage made with the words or the image of a person without the latter’s consent, if it is not obvious that it is such a montage or if this is not indicated in an appropriate manner.

When the misdemeanour set out under the previous paragraph is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 226-9

Articles 226-5 and 226-7 are applicable to the present section.

SECTION 3. – MALICIOUS DENUNCIATION

ARTICLE 226-10

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

A denunciation made by any means and directed against a determined person, of a fact that is liable to cause judicial, administrative or disciplinary sanctions and that the maker knows to be totally or partially false, where it is sent either to a judicial officer or to a judicial or administrative police officer, or to an authority with power to follow it up or to refer it to the  competent authority, or to hierarchical superiors or to the employer of the person concerned, is punished by five years’ imprisonment and a fine of € 45,000.

The falsity of the act denounced is conclusively established by a final decision of acquittal, or decision to drop the prosecution, which declares that the alleged facts are not established or that they are not attributable to the person denounced.

In any other case, the court seised with the prosecution of the denouncer weighs the accuracy of the denouncer’s accusations.

ARTICLE 226-11

Where the subject matter of the denunciation has led to a criminal prosecution, the prosecution case against the denouncer may not be decided upon until after the decision putting a final end to the proceedings concerning that matter.

ARTICLE 226-12

Legal persons may incur criminal liability, pursuant to the conditions set out under article 121-2, for the offence defined under article 226-10.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° prohibition, either permanently or for a maximum period of five years, to discharge directly or indirectly a social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed;

    3° the public display or dissemination of the decision taken, pursuant to the conditions set out under article 131-35.

SECTION 4. – BREACH OF SECRECY

§ 1. – OF THE BREACH OF PROFESSIONAL SECRECY

ARTICLE 226-13

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The disclosure of secret information by a person entrusted with such a secret, either because of his position or profession, or because of a temporary function or mission, is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 226-14

Act no. 1998-468 of 17 June 1998 Article 15 Official Journal of 18 June 1998; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Article 226-13 is not applicable to the cases where the law imposes or authorises the disclosure of the secret. In addition it is not applicable:

    1° to the person informing a judicial, medical or administrative authority of cruelty or deprivation of which he has knowledge and which has been inflicted on a minor under fifteen years of age, or a person unable to protect himself because of his age, psychic or physical state;

    2° to the physician who, with the agreement of the victim, brings to the knowledge of the public prosecutor acts of cruelty that he has observed in the exercise of his profession that cause him to believe that sexual violence of any nature has been committed.

§ 2. – BREACH OF THE SECRECY OF CORRESPONDENCE

ARTICLE 226-15

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Maliciously opening, destroying, delaying or diverting of correspondence sent to a third party, whether or not it arrives at its destination, or fraudulently gaining knowledge of it, is punished by one year’s imprisonment and a fine of € 45,000.

The same penalty applies to the malicious interception, diversion, use or disclosure of correspondence sent, transmitted or received by means of telecommunication, or the setting up of a device designed to produce such interceptions.

SECTION 5. VIOLATIONS OF PERSONAL RIGHTS RESULTING FROM COMPUTER FILES OR PROCESSES

ARTICLE 226-16

Act no. 1992-1336 of 16 December 1992 Articles 360 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

To carry out, or to cause to be carried out, the automated processing of data containing names without having observed, prior to the operation, the preliminary formalities laid down by law, is punished by three years’ imprisonment and a fine of € 45,000, even where committed by negligence.

ARTICLE 226-17

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

To carry out, or to cause to be carried out, the automated processing of data containing names without taking all useful precautions to preserve the confidentiality of such information and in particular to prevent it being tampered with, damaged or communicated to unauthorised third parties, is punished by five years’ imprisonment and a fine of € 300,000.

ARTICLE 226-18

Act no. 1994-548 of 1 July 1994 Article 4 Official Journal of 2 July 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The collection of data by fraudulent, unfair or unlawful means, or the processing of name-bearing information relating to a natural person despite this person’s opposition, where this objection is based on legitimate grounds, is punished by five years’ imprisonment and a fine of € 300,000.

In the case of an automated processing of name-bearing data set up for medical research, the same penalty applies to carrying out such processing:

    1° without having previously individually informed the persons on whose account the name-bearing data is collected or transmitted of their right of access, rectification and objection, and of the type of information transmitted and of the identity of the recipient of the data;

    2° despite the objection of the person concerned, or where the law so provides, in the absence of the person’s informed and express consent, or, if it concerns a deceased person, despite the refusal expressed by such person when still alive.

ARTICLE 226-19

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Apart from the cases set out by law, the recording or preserving in a computerised memory, without the express agreement of the persons concerned, of name-bearing data which, directly or indirectly reveals the racial origins, political, philosophical or religious opinions, trade union affiliations or the sexual morals of the subjects, is punished by five years’ imprisonment and a fine of € 300,000.

The same penalty applies to the recording or preserving in a computerised memory of name-bearing information relating to offences, convictions or supervision measures outside the cases provided for by law.

ARTICLE 226-20

Act no. 2000-321 of 12 April 2000 Article 5 Official Journal of 13 April 2000; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The preserving of information in a name-bearing form beyond the length of time stated in the request for advice or in the preliminary statement made before the implementation of the computerised processing, without the agreement of the National Commission for Data-processing and Civil Liberties, is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 226-21

Act no. 1995-116 of 4 February 1995 Article 34 Official Journal of 5 February 1995; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Anyone holding name-bearing information at the time of its recording, classification, transmission or any other form of processing who diverts this information from its proper purpose as defined by the legislative provision or the regulation authorising the automated processing, or defined by the decision of the National Commission for Data-processing and Civil Liberties authorising automated processing in the area of medical research, or defined by the preliminary statement made before the implementation of such processing, is punished by five years’ imprisonment and a fine of € 300,000.

ARTICLE 226-22

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Anyone who has collected, at the time of its recording, classification, transmission or any other form of processing, name-bearing information the disclosure of which would result in undermining the reputation of the concerned person or cause harm to the intimacy of his private life, and then brings such information to the knowledge of a third party who has no authority to receive it without prior authorisation of the person concerned, is punished by one year’s imprisonment and a fine of € 15,000.

Disclosure contrary to the previous paragraph is punished by a fine of € 7,500 where it was committed by carelessness or negligence.

In the cases set out under the two previous paragraphs, the prosecution may only be initiated upon the complaint of the victim, his legal representative or successors.

ARTICLE 226-23

The provisions of articles 226-17 to 226-19 are applicable to non-automated or manual files whose use does not exclusively fall under the exercise of the right to privacy.

ARTICLE 226-24

Legal persons may incur criminal liability for the offences defined by articles 226-16 to 226-21 and 226-23 as well as under the first paragraph of article 226-22, pursuant to the conditions set out under article 121-2.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38

    2° the penalties enumerated under 2°, 3°, 4°, 5°, 7°, 8° and 9° of article 131-39.

The prohibition mentioned under 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 6. – OFFENCES AGAINST PERSONS RESULTING FROM EXAMINATION OF GENETIC CHARACTERISTICS OR IDENTIFICATION OF GENETIC IMPRINTS

ARTICLE 226-25

Act no. 1992-1336 of 16 December 1992 Articles 361 and 373 Official Journal of 23 December 1992 into force 1 March 1994; Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The study of the genetic characteristics of a person for medical purposes without having obtained his prior consent pursuant to the conditions set out under article L. 145-15 of the Public Health Code is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 226-26

Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

The diversion from its medical or scientific research objectives of information collected on a person by way of a study of his genetic characteristics is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 226-27

Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Researching the identification of a person through his genetic imprints for medical purposes without obtaining his consent prior pursuant to the conditions set out under article L. 145-15 of the Public Health Code is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 226-28

Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994; Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Researching the identification of a person through his genetic imprints for purposes neither medical nor scientific, or other than in an inquiry or investigation made in the course of judicial proceedings, is punished by one year’s imprisonment and a fine of € 15,000.

The same penalty applies to the disclosure of information concerning the identification of a person through his genetic imprints or proceeding to the identification of a person through his genetic imprints without holding the authorisation provided for under article L. 145-16 of the Public Health Code.

ARTICLE 226-29

Inserted by Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994

Attempt to commit the offences defined by articles 226-25, 226-26, 226-27 and 226-28 is punished by is subject to the same penalties.

ARTICLE 226-30

Legal persons may incur criminal liability for the offences defined by this Section of the present Code pursuant to the conditions set out under article 121-2.

The penalties applicable to legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties enumerated under points 2°, 3°, 4°, 5°, 7°, 8° and 9° of Article 131-39.

The prohibition referred to in 2° of article 131-39 applies to the activity in the exercise of which or on the occasion of the exercise of which the offence was committed.

SECTION 7. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 226-31

Inserted by Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994

Natural persons convicted of any of the offences set out in the present chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to discharge the social or professional activity in the exercise of which or on the occasion of the exercise of which the offence was committed, pursuant to the conditions set out under article 131-27;

    3° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    4° the public display or dissemination of the decision taken, pursuant to the conditions set out under article 131-35.

    5° in the cases under articles 226-1 to 226-3, 226-8, 226-15 and 226-28, the confiscation of the thing which was used or was intended for the commission of the offence, or of the thing which is the product of it. Confiscation of the equipment referred to under article 226-3 is mandatory.

ARTICLE 226-32

Inserted by Act no. 1994-653 of 29 July 1994 Article 8 Official Journal of 30 July 1994

Natural persons convicted of the offences under article 226-28 and of any attempt to commit the said offences who hold the capacity of a judicially appointed expert are also liable to be struck off the list on which they are inscribed.

CHAPTER VII. -OFFENCES AGAINST MINORS AND THE FAMILY

SECTION I. -DESERTION OF MINORS

ARTICLE 227-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The abandonment of a minor under fifteen years of age in any given place is punished by seven years’ imprisonment and a fine of € 100,000 except where the circumstances of the abandonment enabled the health and the safety of the minor to be assured.

ARTICLE 227-2

The abandonment of a minor under fifteen years of age causing the minor to suffer mutilation or permanent disability is punished by twenty years’ criminal imprisonment.

The abandonment of a minor under fifteen years of age causing the death of the minor is punished by thirty years’ criminal imprisonment.

SECTION II. – DESERTION OF FAMILY

ARTICLE 227-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The non-execution of a judicial decision or a judicially affirmed agreement imposing upon a person an obligation to pay, in the interest of a legitimate, natural or adoptive child, of a descendant, an ascendant or spouse, a pension, a contribution, subsidies or benefits of any nature on the basis of one of the family obligations set out in Titles V, VI, VII and VIII of Book I of the Civil Code, by remaining more than two months without fulfilling that duty in its entirety is punished by two years’ imprisonment and a fine of € 15,000.

The offences referred to in the first paragraph of the present article are assimilated to abandoning the family for the purposes of  3° of article 373 of the Civil Code.

ARTICLE 227-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Failure by a person bound under the conditions referred to in article 227-3 to to pay a pension, a contribution, subsidies or benefits of any nature, to notify a change of official address to the creditor within a time-limit of one month from the date of the change is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 227-4-1

Inserted by Act no. 2001-504 of 12th June 2001 Article 12 Official Journal of 13th June 2001

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for offences under this Section of the present Code.

The penalties incurred by legal persons are:

    1° a fine, in the manner prescribed by article 131-38;

    2° the penalties referred to under 2° to 9° of article 131-39.

The prohibition specified under 2° of article 131-39 relates to the activities in the course of which or on the occasion of the performance of which the offence was committed.

SECTION III. – OFFENCES AGAINST THE EXERCISE OF PARENTAL AUTHORITY

ARTICLE 227-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The unlawful refusal to produce a minor child to the person who has the right to require the production of the child is punished by one year’s imprisonment and a fine of € 100,000.

ARTICLE 227-6

Act no. 96-604 of 5th July 1996 Article 27 Official Journal of 6th July 1996

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The omission by a person whose children reside habitually with him when moving elsewhere to notify his change of address within one month from the date of such change to those persons entitled to exercise visiting or residence rights over such children pursuant to a judgment or a judicially affirmed agreement is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 227-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The abduction a minor from the care of  persons who exercise parental authority over him or from  persons to whom he was entrusted, or with whom the child habitually resides, when committed by any legitimate, natural or adoptive ascendant, is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 227-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The abduction without fraud or violence of a minor from the care of persons who exercise parental authority over him or from persons to whom the he was entrusted or with whom he habitually resides, when committed by a person other than those referred to in article 227-7, is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 227-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offences set out under articles 227-5 and 227-7are punished by two years’ imprisonment and a fine of € 30,000:

    1° if the minor is retained in excess of five days, when the persons who have the right to claim him do not know where he is;

    2° if the minor is unlawfully kept outside the territory of the Republic.

ARTICLE 227-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where the person guilty of the offences set out under articles 227-5 and 227-7 has been divested of parental authority, such offences are punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 227-11

Attempt to commit the offences set out under articles 227-7 and 227-8 is subject to the same penalties.

SECTION IV. – OFFENCES AGAINST FILIATION

ARTICLE 227-12

Act no. 94-653 of 29th July 1994 Article 4 Official Journal of 30th July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The provocation of the parents or one of them to abandon a born or unborn child, made either for pecuniary gain, or by gifts, promises, threats or abuse of authority, is punished by six months’ imprisonment and a fine of € 7,500 €.

Acting for pecuniary gain as an intermediary between a person desiring to adopt a child and a parent desiring to abandon its born or unborn child is punished by one year’s imprisonment and a fine of € 15,000.

The penalties provided by the second paragraph apply to acting as an intermediary between a person or a couple desiring to receive a child and a woman agreeing to bear this child with the intent to give it up to them.  Where the offence is habitually committed for pecuniary gain, the penalties incurred are doubled.

Attempt to commit the offences referred to under the second and third paragraphs of the present article is subject to the same penalties.

ARTICLE 227-13

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Wilful substitution, false representation or concealment which infringes the civil status of a child is punished by three years’ imprisonment and a fine of € 45,000.

Attempt to commit this offence is subject to the same penalties.

ARTICLE 227-14

Legal persons may incur criminal liability for the offences under the present Section, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to in 1°, 2°, 3°, 8° and 9° of article 131-39.

SECTION V. -ENDANGERMENT OF MINORS

ARTICLE 227-15

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Deprivation of food or care to the point of endangering the health of a minor under fifteen years of age, inflicted by a legitimate, natural or adoptive ascendant or by any other person exercising parental authority or having authority over the minor, is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 227-16

The offence defined by the previous article is punished by thirty years’ criminal imprisonment where it causes the death of the victim.

ARTICLE 227-17

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Failure by the legitimate, natural or adoptive father or mother, without a legitimate reason, to comply with their legal obligations to the point of seriously endangering the health, safety, morals or education of their minor child is punished by two years’ imprisonment and a fine of € 30,000.

The offence referred to in the present article is assimilated to abandoning the family for the purposes of  3° of article 373 of the Civil Code.

ARTICLE 227-17-1

Act no. 98-1165 of 18th December 1998 Article 5 Official Journal of 22nd December 1998

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Failure by the parents of a child or any other person exercising parental authority or de facto authority over him on a continuous basis to register him in an educational institution without a valid reason, despite the receiving an official warning by an Inspector of the Academy, is punished by six months’ imprisonment and a fine of € 7,500.

Failure by a director of a private institution running classes without a contract, despite receiving an official warning by the Inspector of Academy, either to implement such necessary measures to take the necessary steps to ensure that the teaching there given complies with the objects of compulsory education as defined in article 16 of the Act of 28th March 1882 on primary education, or to close such classes down, is punished by six months’ imprisonment and a fine of € 7,500. In addition the court may forbid him to manage or to provide courses, and also order the institution to be closed.

ARTICLE 227-17-2

Act no. 98-1165 of 18th December 1998 Article 5 Official Journal of 22nd December 1998

Act no. 2001-504 of 12th June 2001 Article 13 Official Journal of 13th June 2001

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for offences under article 227-15 to 227-17-1.

The penalties incurred by legal persons are:

    1° a fine in the manner prescribed under article 131-38;

    2° penalties referred to under article 131-39.

ARTICLE 227-18

Act no. 98-468 of 17th June 1998 Article 16 Official Journal of 18th June 1998

The direct provocation of a minor to make unlawful use of drugs is punished by five years’ imprisonment and a fine of € 100,000.

Where it concerns a minor under fifteen years of age, or where the offence is committed inside a learning or educational institution or, when the pupils are entering or leaving, outside such an institution, the offence under this article is punished by seven years’ imprisonment and a fine € 150,000.

ARTICLE 227-18-1

Act no. 96-392 of 13th May 1996 Article 18 Official Journal of 14th May 1996,

Act no. 98-468 of 17th June 1998 Article 16 Official Journal of 18th June 1998,

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The direct provocation of a minor to transport, keep, offer or give controlled drugs is punished by seven years’ imprisonment and a fine of € 150,000.

Where it concerns a minor under fifteen years of age or where the offence is committed inside a learning or educational institution or, when the pupils are entering or leaving, outside such an institution, the offence under this article is punished by ten years’ imprisonment and a fine of € 300,000.

ARTICLE 227-19

Act no. 98-468 of 17th June 1998 Article 16 Official Journal of 18th June 1998,

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The direct provocation of a minor to regular excessive consumption of alcoholic beverages is punished by two years’ imprisonment and a fine € 45,000.

Where it concerns a minor under fifteen years of age or where the offence is committed inside a learning or educational institution or, when the pupils are entering or leaving, outside such an institution, the offence under this article is punished by three years’ imprisonment and a fine of € 75,000.

ARTICLE 227-20

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The direct provocation of a minor to beg is punished by two years’ imprisonment and a fine of € 45,000.

Where it concerns a minor under fifteen years of age, the offence defined by the present article is punished by three years’ imprisonment and a fine of € 75,000.

ARTICLE 227-21

Act no. 98-468 of 17th June 1998 Article 16 Official Journal of 18th June 1998,

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The direct provocation of a minor to habitually commit felonies or misdemeanours is punished by five years’ imprisonment and a fine of € 150,000.

Where it concerns a minor under fifteen years of age or where the offence is committed inside a learning or educational institution or, when the pupils are entering or leaving, outside such an institution, the offence under this article is punished by three years’ imprisonment and a fine of € 150,000.

ARTICLE 227-22

Act no. 98-468 of 17th June 1998 Article 16 Official Journal of 18th June 1998,

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Assisting or attempting to assist in the corruption of a minor is punished by five years’ imprisonment and a fine of € 75,000. The penalty is increased to seven years’ imprisonment and a fine of € 100,000 where the minor is under fifteen years of age, where the minor was put in contact with the offender by the use, for the dissemination of messages to an unrestricted public, of a telecommunications network, or where the offence is committed inside a learning or educational institution or, when the pupils are entering or leaving, outside such an institution.

The same penalties are in particular applicable to the organisation by an adult of meetings involving indecent exposure or sexual relations in which minors are present or participating.

ARTICLE 227-23

Act no. 98-468 of 17th June 1998 Article 17 Official Journal of 18th June 1998;

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Taking, recording or transmitting the picture or representation of a minor with a view to circulating it, where that image or representation has a pornographic character, is punished by three years’ imprisonment and a fine of € 45,000.

The same penalty applies to the distribution of such a picture or representation, and its import or export, or causing it to be imported or exported.

The penalty is increased to five years’ imprisonment and a fine of € 75,000 where for the diffusion of the image or representation of a minor use was made of a communication network open for the dissemination of messages to an unrestricted public.

Retaining such an image or representation is punished by two years’ imprisonment and a fine of € 30,000.

The provisions of the present article also apply to the pornographic image of a person whose physical appearance is that of a minor unless it is proved that the person was over eighteen on the day the picture was taken or recorded.

ARTICLE 227-24

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The manufacture, transport, distribution by whatever means and however supported, of a message bearing a pornographic or violent character or a character seriously violating human dignity, or the trafficking in such a message, is punished by three years’ imprisonment and a fine of € 75,000, where the message may be seen or perceived by a minor.

Where the offences under the present article are committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 227-25

Act no. 98-468 of 17th June 1998 Article 18 Official Journal of 18th June 1998;

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The commission without violence, constraint, threat or surprise of a sexual offence by an adult on the person of a minor under fifteen years of age is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 227-26

Act no. 94-89 of 1st February 1994 Article 15 Official Journal of 2nd February 1994 came into force the 1st March 1994; Act no. 95-116 of 4th February 1995 Article 121 Official Journal of 5th February 1995; Act no. 98-468 of 17th June 1998 Article 13, Article 19 Official Journal of 18th June 1998; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002; Decree no. 2002-305 of 4th March 2002 Article 13 Official Journal of 5th March 2002

The offence set out under article 227-25 is punished by ten years’ imprisonment and a fine of € 150,000:

    1° when it was committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;

    2° when it was committed by a person abusing the authority conferred by his functions;

    3° when it was committed by several persons acting as perpetrators or accomplices;

    4° when it was accompanied by the payment of remuneration;

    5° when the minor was put in contact with the offender by the use, for the dissemination of messages to an unrestricted public, of a telecommunications network.

ARTICLE 227-27

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Sexual offences committed without violence, constraint, threat or surprise on a minor aged over fifteen and not emancipated by marriage are punished by two years’ imprisonment and a fine of € 30,000:

    1° where they are committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;

    2° where they are committed by a person abusing the authority conferred by his functions.

ARTICLE 227-27-1

Inserted by Act no. 98-468 of 17th June 1998 Article 19 Official Journal of 18th June 1998

Where the misdemeanours under articles 227-22, 227-23 or 227-25 to 227-27 are committed abroad by a French national or a person habitually residing on French territory, French law shall apply notwithstanding the second paragraph of article 113-6 and the provisions of the second sentence of article 113-8 do not apply.

ARTICLE 227-28

Where the misdemeanours referred to under Articles 227-18 to 227-21 and 227-23 are committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 227-28-1

Act no. 98-468 of 17th June 1998 Article 20 Official Journal of 18th June 1998; Decree no. 2002-305 of 4th March 2002 Article 13 Official Journal of 5th March 2002

Legal persons may incur criminal liability in the manner prescribed by article 121-2 for the offences provided for under articles 227-18 to 227-26.

The penalties incurred by legal persons are:

    1° a fine in the manner provided under article 131-38;

    2° the penalties referred to under 2°, 3°, 4°, 5°, 7°, 8°, and 9° of article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in course of which or on the occasion of the performance of which the offence was committed.

In the case provided for by 4° of article 227-26, the penalty under 1° of article 131-39 is also incurred.

SECTION VI. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS

ARTICLE 227-29

Act no. 98-468 of 17th June 1998 Article 21 Official Journal of 18th June 1998

Natural persons convicted of the offences provided for under the present chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, in accordance with the conditions laid down under Article 131-26;

    2° suspension of the driving licence for a maximum period of five years; this suspension may be limited to driving outside the professional activity;

    3° cancellation of the driving licence together with the prohibition, for a maximum period of five years, to apply for the issue of a new one;

    4° prohibition, for a maximum period of five years, to leave the territory of the French Republic.

    5° confiscation of the object which was used or intended to commit the offence or the object which is the product of it;

    6° prohibition, for a period of up to ten years or permanently, to undertake a professional or charitable activity involving regular contact with minors.

ARTICLE 227-30

Natural persons convicted of the offences referred to under Section IV of the present Chapter also incur the additional penalty of the public display or dissemination of the decision set out under article 131-35.

ARTICLE 227-31

Act no. 98-468 of 17th June 1998 Article 4 Official Journal of 18th June 1998

Persons guilty of the offences under articles 227-22 to 227-27 may in addition be sentenced to a social and judicial supervision in the manner prescribed by articles 131-36-1 to 131-36-8.

BOOK III. – FELONIES AND MISDEMEANOURS AGAINST PROPERTY

TITLE I. – FRAUDULENT APPROPRIATIONS

CHAPTER I. –THEFT

SECTION 1. –SIMPLE AND AGGRAVATED THEFTS

ARTICLE 311-1

Theft is the fraudulent appropriation of a thing belonging to another person.

ARTICLE 311-2

Dishonest appropriation of energy to the prejudice of another person is assimilated to theft.

ARTICLE 311-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 311-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by five years’ imprisonment and a fine of € 75,000:

    1° where it is committed by several persons acting as perpetrators or accomplices although they do not form an organised gang;

    2° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of the functions or mission;

    3° where it is committed by a person unlawfully assuming the capacity of a person holding public authority or discharging a public service mission;

    4° where it is preceded, accompanied or followed by acts of violence on other persons which have not caused any total incapacity to work;

    5° where it is facilitated by the state of a person whose particular vulnerability, due to age, to sickness, disability, to a psychic or physical deficiency or to a state of pregnancy which is apparent or known to the offender;

    6° where it is committed within premises used as residence or within premises used or intended for the safekeeping of funds, securities, goods or equipment, by gaining access to such premises by deceit, breaking in or climbing in;

    7° where it is committed in a vehicle used for the public transport of persons or on premises designed for access to a means of public transport of persons;

    8° where it is preceded, accompanied or followed by an act of destruction, damage or deterioration.

The penalty is increased to seven years’ imprisonment and to a fine of € 100,000 where the theft is committed in two of the circumstances set out under the present article. It is increased to ten years’ imprisonment and a fine of € 150,000 where the theft is committed in three of those circumstances.

ARTICLE 311-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by seven years’ imprisonment and a fine of € 100,000 where it is preceded, accompanied or followed by acts of violence upon other persons, causing a maximum total incapacity to work of eight days.

ARTICLE 311-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by ten years’ imprisonment and a fine of € 150,000 where it is preceded, accompanied or followed by acts of violence upon other persons causing a total incapacity to work of more than eight days.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence referred to under the present article.

ARTICLE 311-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by fifteen years of criminal imprisonment and a fine of € 150,000 where it is preceded, accompanied or followed by acts of violence upon other persons causing mutilation or permanent disability.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence referred to under the present Article.

ARTICLE 311-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by twenty years’ criminal imprisonment and a fine of € 150,000 where it is committed either with the use or threat to use a weapon, or by a person carrying a weapon subject to authorisation or carrying of which is prohibited.

The first two paragraphs of article 132-3 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 311-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft committed by an organised gang is punished by fifteen years’ criminal imprisonment and a fine of € 150,000.

It is punished by twenty years’ criminal imprisonment and a fine of € 150,000 where it is preceded, accompanied or followed by violence committed upon other persons.

It is punished by thirty years’ criminal imprisonment and a fine of € 150,000 where it is committed either with the use or threatened use of a weapon, or by a person carrying a weapon subject to authorisation or the carrying of which is prohibited.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences referred to under the present article.

ARTICLE 311-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Theft is punished by criminal imprisonment for life and a fine of € 150,000 where it is preceded, accompanied or followed either by violence causing death, or acts of torture or barbarity.

The first two paragraphs of article 132-3 governing the safety period are applicable to the offence referred to under the present article.

ARTICLE 311-11

For the purpose of articles 311-4, 311-5, 311-6, 311-7, 311-9 and 311-10 theft followed by acts of violence committed to assist an escape or to ensure the impunity of a perpetrator or an accomplice constitutes theft followed by violence.

SECTION II. – GENERAL PROVISIONS

ARTICLE 311-12

No prosecution may be initiated where a theft is committed by a person:

    1° to the prejudice of his or her ascendant or his or her descendant;

    2° to the prejudice of a spouse, except where the spouses are separated or authorised to reside separately.

ARTICLE 311-13

Attempt to commit the misdemeanours provided for under this Chapter is similarly punishable.

SECTION III. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 311-14

Natural persons convicted of any of the offences provided for under this Chapter are also subject to the following additional penalties:

    1° forfeiture of their civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, this prohibition being permanent or temporary in the cases set out under articles 311-6 to 311-10 and being imposed for a maximum period of five years in the cases set out under articles 311-3 to 311-5

    3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years;

    4° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

    5° area banishment pursuant to the conditions set out under article 131-31, in the cases set out under articles 311-6 to 311-10.

ARTICLE 311-15

Any alien convicted of any of the offences referred to under articles 311-6 to 311-10 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

ARTICLE 311-16

Legal persons may incur criminal liability for the offences defined by the present Chapter in accordance with the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalty referred to under 2° of article 131-39, either permanently or temporarily in the cases provided for under articles 311-6 to 311-10, or for a maximum period of five years in the cases set out under articles 311-3 to 311-5;

    3° the penalty referred to in 8° of article 131-39.

The prohibition referred to under 2° of article 131-39 applies to to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER II. –EXTORTION

SECTION I. –EXTORTION

ARTICLE 312-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is the act of obtaining by violence, by a threat of violence or constraint a signature, a commitment or a renunciation, or the revelation of a secret, or the handing over of funds, securities or of any asset.

Extortion is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 312-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is punished by ten years’ imprisonment and a fine of € 150,000:

    1° when it is preceded, accompanied or followed by acts of violence upon other persons and which have caused a total incapacity to work for eight days or less;

    2° when it is committed to the prejudice of a person whose particular vulnerability, due to age, sickness, or disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the perpetrator.

ARTICLE 312-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is punished by fifteen years’ criminal imprisonment and a fine of € 150,000 when it is preceded, accompanied or followed by acts of violence upon other persons causing a total incapacity to work in excess of eight days.

The first two paragraphs of Article 132-23 governing the safety period are applicable to the offence set out under the present Article.

ARTICLE 312-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is punished by twenty years’ criminal imprisonment and a fine of € 150,000 when it is preceded, accompanied or followed by acts of violence upon other persons causing mutilation or permanent disability.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 312-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is punished by thirty years’ criminal imprisonment and a fine of € 150,000 where it was committed either with the use or threat to use a weapon, or by a person bearing a weapon subject to authorisation or the carrying of which is prohibited.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 312-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion committed by an organised gang is punished by twenty years’ criminal imprisonment and a fine of € 150,000.

It is punished by thirty years’ criminal imprisonment and a fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing mutilation or permanent disability.

It is punished by criminal imprisonment for life where it was committed either with the use or threat to use a weapon, or by a person carrying a weapon subject to authorisation or the carrying of which is prohibited.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out under the present article.

ARTICLE 312-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Extortion is punished by criminal imprisonment for life and a fine of € 150,000 when it is preceded, accompanied or followed either by acts of violence causing death, or acts of torture or barbarity.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 312-8

For the purpose of articles 312-2, 312-3, 312-4, 312-6 and 312-7 extortion followed by acts of violence committed to assist an escape or to ensure the impunity of a perpetrator or an accomplice constitutes theft followed by violence

ARTICLE 312-9

Attempt to commit the misdemeanours set out under this Section of the present Code is subject to the same penalties.

The provisions of article 311-12 are applicable to offences defined by the present Section.

SECTION II. – OF BLACKMAIL

ARTICLE 312-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Blackmail is the act of the obtaining either a signature, a commitment or a renunciation, the revelation of a secret, or the handing over of funds, valuables or any asset, by threatening to reveal or to impute facts liable to undermine a person’s honour or reputation.

Blackmail is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 312-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where the blackmailer has put his threat into execution the penalty is increased to seven years’ imprisonment and to a fine a € 100,000.

ARTICLE 312-12

Attempt to commit the misdemeanours set out under this Section of the present Code is subject to the same penalties.

The provisions of article 311-12 are applicable to the offences defined in the present section.

SECTION III. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 312-13

Natural persons convicted of any of the offences provided for by the present chapter also  incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, in the manner prescribed by article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, this prohibition being permanent or temporary in the cases set out under articles 312-3 to 312-7, and imposed for a maximum period of five years in the cases set out under articles 312-1, 312-2 and 312-10;

    3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years;

    4° confiscation of the thing which was used or was intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles  subject to restitution;

    5° area banishment pursuant to the conditions under article 131-31.

ARTICLE 312-14

Any alien convicted of one of the offences referred to under articles 312-2 to 3 12-7 may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.

ARTICLE 312-15

Legal persons may incur criminal liability for the offences set out under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to in 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER III. – FRAUDULENT OBTAINING AND SIMILAR OFFENCES

SECTION I. – OF FRAUDULENT OBTAINING

ARTICLE 313-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Fraudulent obtaining is the act of deceiving a natural or legal person by the use of a false name or a false capacity, by the abuse of a truthful capacity, or by means of unlawful manoeuvres, and thus to lead such a person, to his prejudice or to the prejudice of a third party, to transfer funds, valuables or any property, to provide a service or to consent to an act incurring or discharging an obligation.

Fraudulent obtaining is punished by five years’ imprisonment and a fine of € 375,000.

ARTICLE 313-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The penalty is increased to seven years’ imprisonment and a fine of € 750,000 where the fraudulent obtaining was committed:

    1° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of the exercise of the functions or mission;

    2° by a person unlawfully assuming the capacity of a person holding a public office or vested with a public service mission;

    3° by a person making a public appeal with a view to issuing securities or raising funds for humanitarian or social assistance;

    4° to the prejudice of a person whose particular vulnerability, due to age, sickness or disability, or to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to offender;

    5° by an organised gang.

ARTICLE 313-3

Attempt to commit the offence set out under this Section of the present Code is subject to the same penalties.

The provisions of article 311-12 are applicable to the misdemeanour of fraudulent obtaining.

SECTION II. –OFFENCES SIMILAR TO FRAUDULENT OBTAINING

ARTICLE 313-4

[Repealed by the Act no. 2001-504 of 12th June 2001, Article 21,I]

ARTICLE 313-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Swindling is when a person, knowing himself to be wholly unable to meet payment or being determined not to pay:

    1° orders food or drink in premises where food or drink are sold;

    2° books and effectively occupies one or more bedrooms in an establishment letting rooms, where the occupation does not exceed ten days;

    3° orders fuels or lubricants with which he has the tanks of a vehicle partly or completely filled by a professional distributor;

    4° causes himself to be transported by a taxi or rental vehicle.

Swindling is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 313-6

Act no. 2000-642 of 10th July 2000 Article 16 Official Journal of 11th July 2000

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

In a public sale or tendering process, the rejection of a bid or tender, or the restriction of bids or tenders, by gifts, promises, understandings or any other fraudulent means, is punished by six months’ imprisonment and a fine of € 22,500.

The same penalties apply to:

    1° by violence or threats, obstructing or hindering the freedom to make bids or tenders, during a public sale or tendering process;

    2° after a public adjudication, carrying out or participating in re-auction without the participation of a competent legal official, or of a recognised firm carrying out the voluntary sale of movables at public auction.

Attempt to commit the offences set out under the present article is subject to the same penalties.

ARTICLE 313-7

Act no. 2001-504 of 12th June 2001 Article 21 Official Journal of 13th June 2001

Natural persons convicted of any of the offences provided for under articles 313-1, 313-2, 313-4 and 313-6 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, for a maximum period of five years;

    3° closure, for a maximum period of five years, of the business premises or of one or more of the premises of the enterprise used to commit the incriminated acts;

    4° confiscation of the thing which was used or was intended for use in the commission of the offence or of the thing which is the product of it, with the exception of articles subject to restitution;

    5° area banishment pursuant to the conditions set out under article 131-31;

    6° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of five years;

    7° public display or dissemination of the decision in accordance with the conditions set out under article 131-35.

ARTICLE 313-8

Natural persons convicted of one of the misdemeanours referred to under articles 313-1, 313-2 and 313-6 also incur disqualification from public tenders for a maximum period of five years.

ARTICLE 313-9

Act no. 2001-504 of 12th June 2001 Article 21 Official Journal of 13th June 2001

Legal persons may incur criminal liability for the offences set out under articles 313-1 to 313-3, in accordance with the conditions laid down under article 121–2.

The penalties incurred by legal persons are:

    1° a fine in the manner prescribed under article 13 1-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER IV.- OF MISAPPROPRIATION

SECTION I. – FRAUDULENT BREACH OF TRUST

ARTICLE 314-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Breach of trust is the act whereby a person, to the prejudice of other persons, misappropriates funds, valuables or any property that were handed over to him and that he accepted subject to the condition of returning, redelivering or using them in a specified way.

Breach of trust is punished by three years’ imprisonment and a fine of € 375,000.

ARTICLE 314-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The penalty is increased to seven years’ imprisonment and to a fine of € 750,000 where the breach of trust was committed:

    1° by a person making a public appeal with a view to obtaining the transfer of funds or securities, either in a personal capacity, or as the manager or legally employed or de facto employee of an industrial or commercial enterprise;

    2° by any other person who habitually undertakes or assists, even in a minor role, in operations regarding the property of a third party on whose account he recovers funds or securities.

ARTICLE 314-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The penalty is increased to ten years’ imprisonment and to a fine of € 1,500,000 where the breach of trust is committed by a judicially appointed official or by a legal professional officer or by a public officer either in the course of or on the occasion of the performance of his duties, or by reason of his official capacity.

ARTICLE 314-4

The provisions of article 311-12 are applicable to the offence of breach of trust.

SECTION II. –MISAPPROPRIATION OF PROPERTY PLEDGED OR ATTACHED

ARTICLE 314-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The destruction or misappropriation of an article pledged, committed by a debtor, a borrower or a third party furnishing security, is punished by three years’ imprisonment and a fine of € 375,000.

Attempt to commit the offence set out under the present Article is subject to the same penalties.

ARTICLE 314-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The destruction or misappropriation, by a person whose property is attached, of an object attached while in his possession to secure the rights of a creditor and entrusted to his keeping or to the keeping of a third party, is punished by three years’ imprisonment and a fine of € 375,000.

Attempt to commit the offence referred to under the present article is subject to the same penalties.

SECTION III. – FRAUDULENT ORGANISATION OF INSOLVENCY

ARTICLE 314-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A debtor who, even before a judicial decision establishing his debt, procures or worsens a state of insolvency, by increasing the liabilities or reducing the assets of his estate, or by reducing or concealing all or part of his income, or by concealing part of his property, with a view to evading the execution of an award in relation to his property made by a criminal court, or a civil court in proceedings related to tort, restitution or alimony, is punished by three years’ imprisonment and a fine of € 45,000.

The legal or de facto manager of a legal person commits the same misdemeanour where he organises or worsens the insolvency of such a person in the conditions referred to in the previous paragraph, with a view to avoiding the financial obligations resulting from an award in a criminal, tortious or restitutionary matter.

ARTICLE 314-8

A court may decide that a person convicted as an accomplice to an offence under Article 314-7 is jointly liable, within the limit of any funds or the market value of any property he received gratuitously or for consideration, for the financial obligations resulting from the award which the perpetrator sought to avoid.

Where a criminal court imposes a sentence in relation to property, it may decide that the penalty imposed shall not be concurrent with one previously imposed.

The limitation period for criminal liability runs from the date of the award the enforcement of which the debtor sought to avoid; however, it runs from the last act done to organise or to worsen the debtor’s insolvency, where this last act is subsequent to the award.

ARTICLE 314-9

For the purpose of article 314-7, decisions of the courts and judicially affirmed agreements which carry a duty to pay benefits, maintenance or contributions to matrimonial expenses are assimilated to an order to pay alimony.

SECTION IV.- ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 314-10

Natural persons convicted of any of the offences provided for under articles 314-1, 314-2 and 314-3 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights in the manner prescribed under article 13 1-26;

    2° prohibition for a maximum period of five years to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, pursuant to the conditions set out under article 131-27;

    3° closure for a maximum period of five years of the business premises, or of one or more of the premises, of the enterprise used to commit the offence;

    4° disqualification from public tenders for a maximum period of five years;

    5° the prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of five years;

    6° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product it, with the exception of articles  subject to restitution;

    7° The public display or dissemination of the decision, in accordance with the conditions set out under article 131-35.

ARTICLE 314-11

Natural persons convicted of one of the misdemeanours referred to under articles 314-5, 314-6 and 314-7 also incur the following additional penalties:

1° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

2° the public display or dissemination of the decision, in accordance with the conditions set out under article 131-35.

ARTICLE 314-12

Legal persons may incur criminal liability for the offences referred to under articles 3 14-1 and 314-2 pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, in the manner prescribed under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

ARTICLE 314-13

Legal persons may incur criminal liability for the offences referred to under articles 314-5, 3l4-6 and 314-7, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, in the manner prescribed under article 131-38;

    2° the penalties referred to under paragraphs 8 and 9 of article 131-39.

TITLE II. – OTHER OFFENCES AGAINST PROPERTY

CHAPTER I. – RECEIVING AND RELATED OFFENCES

SECTION I. – OF RECEIVING

ARTICLE 321-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Receiving is the concealment, retention or transfer a thing, or acting as an intermediary in its transfer, knowing that that thing was obtained by a felony or misdemeanour.

Receiving is also the act of knowingly benefiting in any manner from the product of a felony or misdemeanour.

Receiving is punished by five years’ imprisonment and a fine of € 375,000.

ARTICLE 321-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Receiving is punished by ten years’ imprisonment and a fine of € 750,000:

    1° where it is committed habitually or by using the facilities conferred by the exercise of trade or profession;

    2° where it was committed by an organised gang.

ARTICLE 321-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The fines referred to under articles 321-1 and 321-2 may exceed € 375,000 to extend to half the value of the goods handled.

ARTICLE 321-4

Where an offence whence the goods in question came is punished by a custodial sentence higher than that incurred under articles 321-1 or 321-2, the receiver is punished by the penalties pertaining to the offence that he knew about, and if this offence was accompanied by aggravating circumstances, by such penalties as relate exclusively to the circumstances of which he was aware.

ARTICLE 321-5

Receiving is assimilated, in respect of recidivism, to the offence from which the goods in question came.

SECTION II. – OFFENCES ASSIMILATED RELATED TO RECEIVING

ARTICLE 321-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The inability of a person in authority over a minor living with him who habitually commits felonies or misdemeanours against the property of others to justify the income corresponding to his lifestyle is punished by five years’ imprisonment and a fine of € 375,000. The fine may exceed € 375,000 to extend to half the value of the goods handled.

ARTICLE 321-7

Act no. 92-1336 of 16th December 1992 Article 362 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002.

A penalty of six months’ imprisonment and a fine of € 30,000 applies to an omission, even through negligence, of a person whose professional activity involves the sale of second-hand moveable objects or those bought from persons other than manufacturers or retailers to complete a daily register as required by a decree of the Conseil d’Etat containing a description of the articles bought or held with a view to sale or exchange, and enabling such articles to be identified, as well as the person who sold them or brought them for exchange.

The same penalties apply to the omission, even by negligence, by any person other than a legal professional officer or public officer organising on public premises or premises open to the public an event to sell or exchange articles described in the previous paragraph, to keep a daily register enabling the sellers to be identified, as required by a decree of the Conseil d’Etat.

Where the professional activity defined by the first paragraph is carried on by a legal person, or where the organiser of the event referred to under the second paragraph is a legal person, the duty to maintain the register falls upon the managers of this legal person.

ARTICLE 321-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of six months’ imprisonment and a fine of € 30,000 is incurred by the recording of inaccurate information in the register required by the previous article, committed by a person referred to in that article.

The same penalties apply to the refusal committed by that person whose duty it is to present that register to a competent authority.

SECTION III. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 321-9

Natural persons convicted of any of the offences provided for under the present Chapter also incur the following additional penalties:

    1°  forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to discharge the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed; such prohibition being permanent or temporary in the cases set out under articles 321-2 and 321-4, and limited to five years in the cases set out under articles 321-1, 321-6, 321-7 and 321-8;

    3° mandatory closure of the business premises or of one or more of the premises of the undertaking which were used to commit the offences; such prohibition being permanent or temporary in the cases set out under articles 321-2 and 321-4, and limited to longer than five years in the cases set out under articles 321-1, 321-6, 321-7 and 321-8;

    4° temporary or permanent disqualification from public tenders in the cases set out under articles 321-2 and 321-4, and a disqualification not exceeding five years in the cases set out under articles 321-1, 321-6, 321-7 and 321-8;

    5° prohibition to draw cheques except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of five years;

    6° confiscation of the thing which was used or intended for the commission of the offence or of the thing which is the product of it, with the exception of articles subject to restitution;

    7° confiscation of one or more weapons which the convicted person owns or has freely available to him;

    8° area banishment, pursuant to the conditions set out under article 131-31, in the cases referred to under articles 321-1 to 321-4;

    9° public display of the decision or dissemination of the decision made, pursuant to the conditions set out under article 131-35.

ARTICLE 321-10

In the cases referred to under articles 321-1 to 321-4, the other additional penalties incurred for the felonies and misdemeanours from which the stolen goods originated may also be imposed.

ARTICLE 321-11

Any alien convicted of any of the offences referred to under article 321-2 may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.

ARTICLE 321-12

Legal persons may incur criminal liability for the offences set out under articles 321-1 to 321-4, 321-7 and 321-8 pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under Article 131-38;

    2° in the cases set out by articles 321-1 to 321-4, the penalties referred to under article 131-39

    3° in the cases set out by articles 321-7 and 321-8, the penalties referred to under 2°, 4°, 5°, 6°, 7°, 8° and 9° of article 131-39.

The prohibition referred to under 1° of article 131-37 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER II. – DESTRUCTION, DAMAGE AND DEFACEMENT

SECTION I. – OF DESTRUCTIONS, DEFACEMENTS AND DAMAGE WHICH MAY NOT ENDANGER ANOTHER PERSON

ARTICLE 322-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Destroying, defacing or damaging property belonging to other persons is punished by two years’ imprisonment and a fine of € 30,000, except where only minor damage has ensued.

Drawing, without prior authorisation, inscriptions, signs or images on facades, vehicles, public highways or street furniture is punished by a fine of € 3,750 where only minor damage has ensued.

ARTICLE 322-2

Act no. 95-877 of 3 August 1995

The offence set out under the first paragraph of article 322-1 is punished by three years’ imprisonment and a fine of € 45,000, and the offence under the second paragraph of article 322-1 by a fine of € 7,500, where the property destroyed, defaced or damaged is:

    1° intended for public use or decoration and belongs to a public body or a person in discharging a public service mission;

    2° a register, an original of a record or an original document of a public authority;

    3° a classified building or movable object, an archaeological discovery made in the course of excavations or fortuitously, land containing archaeological remains, or an article preserved or deposited in a museum, library or archive belonging to a public body, or to a body discharging a public service mission or recognised as of public interest;

    4° an article displayed during a historical, cultural or scientific exhibition, organised by a public body, a body charged with public service or recognised as of public interest.

In the case set out under 3° of the present article, the offence is also committed where the person responsible is the owner of the property destroyed, defaced or damaged.

ARTICLE 322-3

Act no. 96-647 of 22nd July 1996 Article 13 Official Journal of 23rd July 1996; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence set out in the first paragraph of article 322-1 is punished by five years’ imprisonment and a fine of € 75,000 and that set out in the second paragraph of the same article by a fine of € 15,000:

    1° where it is committed by several persons acting as perpetrators or accomplices;

    2° where it is facilitated by the state of a person whose particular vulnerability, due to age, to a sickness, to a disability, to a psychic or physical deficiency or to a state of pregnancy, is apparent or known to the offender;

    3° Where it is committed to the prejudice of a judge or prosecutor, an advocate, a legal professional officer, a member of the Gendarmerie, a civil servant of the national police, customs, penitentiary administration or of any other person holding public authority or discharging a public service mission, with a view to influencing his behaviour in the discharge of his duties;

    4° where it is committed to the prejudice of a witness, a victim or a civil party, either to prevent him from denouncing the act, from filing a complaint or making a statement before a court, or by reason of such a denunciation, complaint or statement;

    5° where it is committed within premises used as a place of abode or on premises used or designed for the safekeeping of funds, securities, goods or equipment, entering such premises by deceit, by breaking or by climbing in.

ARTICLE 322-4

Attempt to commit the offences referred to under the present Section is subject to the same penalties.

SECTION II. – DESTRUCTION, DEFACEMENT AND DAMAGE DANGEROUS FOR PERSONS

ARTICLE 322-5

Act no. 2002-647 of 10th July 2000 Article 7 Official Journal of 5th July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Involuntarily destroying, defacing or damaging property belonging to other persons by an explosion or fire caused by a failure to observe a duty of safety or care imposed by statute or regulation is punished by one year’s imprisonment and a fine of € 15,000.

In the event of a deliberate violation of a duty of safety or care imposed by statutes or regulations the penalties incurred are increased to two years’ imprisonment and to a fine of € 30,000.

ARTICLE 322-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Destroying, defacing or damaging property belonging to other persons by an explosive substance, a fire or any other means liable to create a danger to other persons is punished by ten years’ imprisonment and a fine of € 150,000.

ARTICLE 322-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence set out under article 322-6 is punished by fifteen years’ criminal imprisonment and a fine of € 150,000 where it causes another person a total incapacity for work not exceeding eight days.

ARTICLE 322-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence defined by article 322-6 is punished by twenty years’ criminal imprisonment and a fine of € 150,000:

    1° where it is committed by an organised gang;

    2° where it causes another person total incapacity for work in excess of eight days.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences referred to under the present article.

ARTICLE 322-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence defined by article 322-6 is punished by thirty years’ criminal imprisonment and a fine of € 150,000 where it causes another person mutilation or permanent disability.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 322-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence defined by article 322-6 is punished by criminal imprisonment for life and a fine of € 150,000 where it causes the death of another person.

The first two paragraphs of article 137-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 322-11

Attempt to commit the misdemeanour referred to under article 322-6 is subject to the same penalties.

SECTION III. – THREATS OF DESTRUCTION, DEFACEMENT OR DAMAGE AND FALSE ALARMS

ARTICLE 322-12

Act no. 92-1336 of 16th December 1992 Article 363 and 373 Official Journal of 23rd December 1992 came into force the 1st March 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The threat to carry out any destruction, defacement or damage dangerous to persons is punished by six months’ imprisonment and a fine of € 7,500 where it is repeated, or where it is put in material form by writing, pictures or other objects.

ARTICLE 322-13

Act no. 92-1336 of 16th December 1992 Article 363 and 373 Official Journal of 23rd December 1992 came into force the 1st September 1993

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A threat, however made, to commit any destruction, defacement or damage is punished by one year’s imprisonment and a fine of € 15,000 when it is made with the order to fulfil a condition.

The penalty is increased to three years’ imprisonment and a fine of € 45,000 where s the threat is to cause any destruction, defacement or damage dangerous to others.

ARTICLE 322-14

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The communication or revelation of any false information with a view to inducing a belief that any destruction, defacement or damage dangerous to other persons will be or has been committed is punished by two years’ imprisonment and a fine of € 30,000.

The same penalties apply to the communication or disclosure of false information creating the belief that an incident has occurred and which is liable to cause the needless intervention of the rescue services.

SECTION IV. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 322-15

Natural persons convicted of any of the offences provided for under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° the prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, this prohibition being permanent or temporary in the cases set out under articles 322-6 to 322-10 and limited to a maximum  of five years in the cases set out under articles 322-1, 322-2, 322-3, 322-5, 322-12, 322-13 and 322-14;

    3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years;

    4° area banishment, pursuant to the conditions set out under article 131-31, in the cases referred to under articles 322-7 to 322-10.

ARTICLE 322-16

Any alien convicted of any of the offences referred to under articles 322-7 to 322-10 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

ARTICLE 322-17

Legal persons may incur criminal liability for the offences set out under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalty referred to under point 2 of article 131-39 for a maximum period of five years in the cases referred to under articles 322-1, 322-3, 322-5, 322-12, 322-13 and 322-14, and without restriction of time in the cases set out under articles 322-6 to 322-10.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER III. – UNAUTHORISED ACCESS TO AUTOMATED DATA PROCESSING SYSTEMS

Article 323-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Fraudulently accessing or remaining within all or part of an automated data processing system is punished by one year’s imprisonment and a fine of € 15,000.

Where this behaviour causes the suppression or modification of data contained in that system, or any alteration of the functioning of that system, the sentence is two years’ imprisonment and a fine of € 30,000.

ARTICLE 323-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obstruction or interference with the functioning of an automated data processing system is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 323-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The fraudulent introduction of data into an automated data processing system or the fraudulent suppression or modification of the data that it contains is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 323-4

The participation in a group or conspiracy established with a view to the preparation of one or more offences set out under articles 323-1 to 323-3, and demonstrated by one or more material actions, is punished by the penalties prescribed for offence in preparation or the one that carries the heaviest penalty.

ARTICLE 323-5

Natural persons convicted of any of the offences provided for under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27 to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, for a maximum period of five years;

    3° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

    4° mandatory closure, for a maximum period of five years of the business premises or of one or more of the premises of the undertaking used to commit the offences;

    5° disqualification from public tenders for a maximum period of five years;

    6° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, for a maximum period of five years;

    7° public display or dissemination of the decision, in accordance with the conditions set out under article 131-35.

ARTICLE 323-6

Legal persons may incur criminal liability for the offences referred to under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

ARTICLE 323-7

Attempt to commit the misdemeanours referred to under articles 323-1 to 323-3 is subject to the same penalties.

CHAPTER IV. – MONEY LAUNDERING

SECTION 1. SIMPLE AND AGGRAVATED LAUNDERING

Article 324-1

Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996;

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Money laundering is facilitating by any means the false justification of the origin of the property or income of the perpetrator of a felony or misdemeanour which has brought him a direct or indirect benefit.

Money laundering also comprises assistance in investing, concealing or converting the direct or indirect products of a felony or misdemeanour.

Money laundering is punished by five years’ imprisonment and a fine of € 375,000.

ARTICLE 324-2

Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996 ; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Money laundering is punished by ten years’ imprisonment and a fine of € 750,000:

1° where it was committed habitually or by using the facilities offered by the exercise of a professional activity;

2° where it was committed by an organised gang.

ARTICLE 324-3

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

The fines referred to under articles 324-1 and 324-2 may be raised to amount to half the value of the property or funds in respect of which the money laundering operations were carried out.

ARTICLE 324-4

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

Where the felony or misdemeanour which produced the property or funds for which the money-laundering operations were carried out is punishable by a custodial sentence higher than that incurred under articles 324-1 or 324-2, the offence of money-laundering is punished by the penalties applicable to the offence the money-launderer knew about, and if this offence was accompanied by aggravating circumstances, by such penalties as relate exclusively to the circumstances of which he was aware.

ARTICLE 324-5

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

As regards recidivism, money laundering is assimilated to the offence for which the money laundering operations were performed.

ARTICLE 324-6

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

Attempt to commit the misdemeanours referred to under the present Section is subject to the same penalties.

SECTION II. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 324-7

Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

Act no. 2001-420 of 15th May 2001 Article 47 Official Journal of 16th May 2001

Natural persons convicted of any of the offences provided for under articles 324-1 and 324-2 also incur the following additional penalties:

    1° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, this prohibition being permanent or temporary in the case referred to under article 324-2, and limited to five years in the case referred to under article 324-1.

    2° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    3° prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum period of five years;

    4° suspension of the driving licence for a maximum period of five years; this suspension may be limited to driving outside professional activity;

    5° cancellation of the driving licence accompanied by a prohibition, for a maximum period of five years, to apply for the issue of a new licence;

    6° confiscation of one or more vehicles belonging to the person convicted;

    7° confiscation of one or more weapons belonging to the convicted person or which he has freely available to him;

    8° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

    9° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    10° area banishment, pursuant to the conditions set out under article 131-31;

    11° prohibition to leave the territory of the Republic for a maximum period of five years;

    12° confiscation of some or all of the property of the convicted person, of whatever type, movable or immovable, whether jointly or separately owned.

ARTICLE 324-8

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

Any alien convicted of any of the offences referred to under articles 324-1 to 324-2 may be banished from French territory either permanently or for a maximum period of ten years, in accordance with the conditions laid down under article 131-10.

ARTICLE 324-9

Inserted by Act no. 96-392 of 13th May 1996 Article 1 Official Journal of 14th May 1996

Legal persons may incur criminal liability for the offences set out under articles 324-1 and 324-2, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

BOOK IV. – FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE I. –VIOLATIONS OF THE FUNDAMENTAL INTERESTS OF THE NATION

ARTICLE 410-1

The „fundamental interests of the Nation“ in the sense of the present Title covers its independence, the integrity of its territory, its security, the republican form of its institutions, its means of defence and diplomacy, the safeguarding of its population in France and abroad, the balance of its natural surroundings and environment, and the essential elements of its scientific and economic potential and cultural heritage.

CHAPTER I. –TREASON AND ESPIONAGE

Article 411-1

The acts defined by articles 411-2 to 411-11 constitute treason where they are committed by a French national or a soldier in the service of France, and constitute espionage where they are committed by any other person.

SECTION I. – HANDING OVER OF ALL OR ANY PART OF THE NATIONAL TERRITORY, THE ARMED FORCES OR EQUIPMENT TO A FOREIGN POWER

ARTICLE 411-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Handing over troops belonging to the French armed forces, or all or part of the national territory, to a foreign power, to a foreign organisation or to an organisation under foreign control, or to their agents, is punished by life criminal detention and a fine of € 750,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence set out under the present article.

ARTICLE 411-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Handing over equipment, constructions, installations, or apparatus assigned to the national defence to a foreign power, to a foreign undertaking or organisation or to an enterprise or organisation under foreign control, or to their agents, is punished by thirty years’ criminal detention and a fine of € 450,000.

SECTION II. –INTELLIGENCE WITH A FOREIGN POWER

ARTICLE 411-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Intelligence with a foreign power, a foreign undertaking or organisation or an enterprise or organisation under foreign control, or their agents, with a view to fomenting hostilities or acts of aggression against France, is punished by thirty years’ criminal detention and a fine of € 450,000.

The same penalties apply to furnishing a foreign power, a foreign undertaking or organisation, or an undertaking or organisation under foreign control, or their agents, with the means to start hostilities or commit acts of aggression against France.

ARTICLE 411-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Intelligence with a foreign power, with a foreign undertaking or organisation or an undertaking or organisation under foreign control, or with their agents where it is liable to prejudice the fundamental interests of the nation, is punished by ten years’ imprisonment and a fine of € 150,000.

SECTION III. – OF SUPPLYING INFORMATION TO A FOREIGN POWER

ARTICLE 411-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Supplying or making accessible to a foreign power, to a foreign undertaking or organisation or to an undertaking or organisation under foreign control, or to their agents,  information, processes, articles, documents, computerised data or files, the use, disclosure or collection of which are liable to prejudice the fundamental interests of the nation is punished by fifteen years’ criminal detention and a fine of € 225,000.

ARTICLE 411-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Collecting or gathering information, processes, articles, documents, computerised data or files, with a view to supplying them to a foreign power, to a foreign undertaking or organisation or to an undertaking or organisation under foreign control, or to their agents, the use, disclosure or gathering of which is liable to prejudice the fundamental interests of the nation is punished by ten years’ imprisonment and a fine of € 150,000.

ARTICLE 411-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The exercise on account of a foreign power, a foreign undertaking or organisation or an undertaking or organisation under foreign control, or their agents, of an activity aimed at obtaining or supplying devices, information, processes, articles, documents, computerised data or files, the use, disclosure or gathering of which is liable prejudice the fundamental interests of the nation is punished by ten years’ imprisonment and a fine of € 150,000.

SECTION IV. – SABOTAGE

ARTICLE 411-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Destroying, defacing or misappropriating any document, equipment, construction, equipment, installation, apparatus, technical device or computerised system, or rendering them defective, where this is liable to prejudice the fundamental interests of the nation is punished by fifteen years’ criminal detention and a 225,000 € fine.

Where it is committed with a view to serving the interests of a foreign power, a foreign undertaking or organisation or an undertaking or organisation under foreign control, or that of their agents, this offence is punished by twenty years’ criminal detention and a fine of € 300,000.

SECTION V. –SUPPLYING FALSE INFORMATION

ARTICLE 411-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Supplying the French civilian or military authorities with false information liable to mislead them and damage the fundamental interests of the nation, in order to serve the interests of a foreign undertaking or organisation or an undertaking or organisation under foreign control is punished by seven years’ imprisonment and a fine of € 100,000.

SECTION VI. – INCITEMENT TO COMMIT THE FELONIES SET OUT IN THE PRESENT CHAPTER

ARTICLE 411-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Direct incitement by promises, offers, pressure, threats or violence, to commit one of the felonies set out in the present Chapter, where the incitement was ineffective because of circumstances independent of the offender’s will, is punished by seven years’ imprisonment and a fine of € 100,000.

CHAPTER II. – OTHER OFFENCES AGAINST THE INSTITUTIONS OF THE REPUBLIC OR THE INTEGRITY OF THE NATIONAL TERRITORY

SECTION I. – ATTACK AND PLOTTING

ARTICLE 412-1

Act no. 92-1336 of 16th December 1992 Article 364 and 373 Official Journal of 23rd December 1992 came into force the 1st March 1994

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

An attack consists of the commission of one or more acts of violence liable to endanger the institutions of the Republic or violate the integrity of the national territory.

Attack is punished by thirty years’ criminal detention and a fine of € 450,000.

The penalty is increased to life criminal detention and a fine of € 750,000 where the attack was committed by a person holding public authority.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences set out in the present article.

ARTICLE 412-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Plotting consists of a resolution agreed upon by several persons to commit an attack where the resolution was put into effect by one or more material actions.

Plotting is punished by ten years’ imprisonment and a fine of € 150,000.

The penalty is increased to twenty years’ criminal detention and a fine of € 300,000 where the offence was committed by a person holding public authority.

SECTION II. – INSURRECTIONAL MOVEMENTS

ARTICLE 412-3

An insurrectional movement consists of any collective violence liable to endanger the institutions of the Republic or violate the integrity of the national territory.

ARTICLE 412-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Participating in an insurrectional movement:

    1° by building barricades, fortifications or by any construction whose objective is to prevent or obstruct the action of the forces or order;

    2° by occupying with open force or by deceit any building or installation, or by destroying it;

    3° by assuring the transport, feeding or communications of the insurgents;

    4° by inciting the insurgents to gather, by whatever means;

    5° by personally carrying a weapon;

    6° by usurping a lawful authority;

is punished by fifteen years’ criminal detention and a fine of € 225,000.

ARTICLE 412-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Participating in an insurrectional movement:

    1° by securing weapons, munitions, explosive or dangerous substances or any kind of equipment, by violence or threats, by plunder, or by the disarming the forces of order;

    2° by providing the insurgents with weapons, munitions, or explosive or dangerous substances;

is punished by twenty years’ criminal detention and a fine of € 300,000.

ARTICLE 412-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Leading or organising an insurrectional movement is punished by life criminal detention and a fine of € 750,000.

SECTION III. – USURPATION OF COMMAND, RAISING ARMED FORCES AND INCITEMENT TO TAKE UP ARMS UNLAWFULLY

ARTICLE 412-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The following are punishable by thirty years’ criminal detention and fine of € 450,000.

    1° the unlawful or unauthorised assumption of any military command or of the keeping of such command against orders by the lawful authorities;

    2° the raising of armed forces without the order or authorisation of the lawful authorities.

ARTICLE 412-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Incitement to arm against the authority of the State or against a part of the population is punished by five years’ imprisonment and a fine of € 75,000.

Where the incitement was effective, the penalty is increased to thirty years’ criminal detention and a fine of € 450,000.

Where the incitement was committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

CHAPTER III. – OTHER OFFENCES AGAINST NATIONAL DEFENCE

SECTION I. – OFFENCES AGAINST THE SECURITY OF ARMED FORCES AND PROTECTED ZONES OF INTEREST TO NATIONAL DEFENCE

ARTICLE 413-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The incitement of soldiers belonging to the French armed forces to enter the service of a foreign power, designed to harm national defence, is punished by ten years’ imprisonment and a fine of € 150,000.

ARTICLE 413-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obstructing the normal operations of military equipment, designed to harm national defence, is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to obstructing the movement of military personnel or equipment, designed to harm national defence.

ARTICLE 413-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The incitement to disobedience, by any means, of soldiers or persons subject to any form of national service to disobedience, designed to harm national defence, is punished by five years’ imprisonment and a fine of € 75,000.

Where the incitement is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 413-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Participating in an operation to demoralise the army, designed to harm national defence, is punished by five years’ imprisonment and a fine of € 75,000.

Where the incitement is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

ARTICLE 413-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Fraudulently gaining access, without the authorisation of the competent authority, to any land or building, or any type of vehicle or craft assigned to the military authority or placed under its control is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 413-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any obstruction to the normal operations of public or private services, establishments or undertakings of importance to the national defence, designed to harm national defence, is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 413-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of six months’ imprisonment and a fine of € 7,500 applies to the unauthorised entry into enclosed premises or land, within public or private services, corporations or undertakings of importance to national defence, where free movement is prohibited and which is marked out to ensure the protection of installations, of equipment or the confidentiality of any research, study or production.

A Decree of the Conseil d’Etat shall determine, first, the conditions for setting the boundaries of premises and land referred to in the previous paragraph, and, secondly, the conditions for the granting of authorisations to enter.

ARTICLE 413-8

Attempt to commit the misdemeanours referred to under articles 413-2 and 413-5 to 413-7 is subject to the same penalties.

SECTION II. – VIOLATIONS OF NATIONAL DEFENCE SECRETS

ARTICLE 413-9

Act no. 94-89 of 1st February 1994 Article 9 Official Journal of 2nd February 1994 came into force 1st March 1994

The quality of national defence secrets, for the purposes of this section, attaches to information, processes, articles, documents, and computerised data or files which are of importance to national defence and which are subject to protective orders intended to restrict their circulation.

The object of such orders may be information, processes, articles, documents, computerised data or files the disclosure of which is liable to prejudice national defence or could lead to the disclosure of a national defence secret.

A Decree of the Conseil d’Etat shall provide for the levels of classification of information, processes, articles, documents, and computerised data or files which are in the nature of national defence secrets and the authorities in charge for the specification of the means to ensure their protection.

ARTICLE 413-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of seven years’ imprisonment and a fine of € 100,000 applies to the destruction, misappropriation, theft or duplication, as well as to the communication to the public or to an unauthorised person, by any person holding such a confidential information because of his position or occupation or any permanent or temporary mission, of any information, process, article, document, or computerised data or file which is a national defence secret.

The same penalties apply to the holder who permits the destruction, misappropriation, removal, duplication or revelation of any information, process, article, document, computerised data or file referred to under the previous paragraph.

Where the holder has behaved negligently or recklessly, the offence is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 413-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of five years’ imprisonment and a fine of € 75,000 applies to any person not covered by article 413-10 who:

    1° acquires possession of any information, process, article, document, computerised data or file which is in the nature of a national defence secret;

    2° destroys, removes or duplicates in any manner any such information, process, article, document, computerised data or file;

    3° brings to the knowledge of the public or of an unauthorised person any such information, process, article, document, computerised data or file.

ARTICLE 413-12

Attempt to commit the misdemeanours referred to under the first paragraph of Article 413-10 and Article 413-11 is subject to the same penalties.

CHAPTER IV. – SPECIAL PROVISIONS

Article 414-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where martial law or a state of emergency has been declared, or in the event of a general mobilisation or alert decided by the Government, the offences referred to under articles 413-1 to 413-3 are punished by thirty years’ criminal detention and a fine of € 450,000 and the offence referred to under article 413-6 is punished by seven years’ detention and a fine of € 100,000.

In the cases referred to under the previous paragraph, incitement, where done with the intent to harm national defence, to commit the offences set out under article 413-2 is punished by ten years’ imprisonment and a fine of € 150,000 and incitement to commit the offence referred to under article 413-6 is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 414-2

Any person who has attempted to commit any of the offences set out under articles 411-2, 411-3, 411-6, 411-9 and 412-1 is exempted from punishment if, having informed the judicial or administrative authorities, he makes it possible to prevent the offence taking place and, where relevant, to identify the other offenders.

ARTICLE 414-3

Any person who has participated in the conspiracy defined by article 412-2 is exempted from punishment if, before prosecution, he has disclosed the existence of the conspiracy to the competent authorities and enabled the identification of the other participants.

ARTICLE 414-4

The custodial sentence incurred by the perpetrator or the accomplice to the offences set out under articles 411-4, 411-5, 411-7, 411-8 and 412-6 is reduced by half if, having informed the judicial or administrative authorities, he has made it possible for the criminal behaviour to be stopped or for human fatalities or permanent injuries resulting from the offence to be avoided, and, where relevant, the other offenders to be identified.

Where the penalty incurred is criminal imprisonment for life, this penalty is reduced to twenty years’ criminal detention.

ARTICLE 414-5

Natural persons convicted of one of the felonies or misdemeanours referred to under the present Title also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, pursuant to the conditions set out under article 131-27;

    3° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, with the exception of articles subject to restitution;

    4° area banishment, pursuant to the conditions set out under article 131-31.

ARTICLE 414-6

Act no. 98-348 of 11th May 1998 Article 37 Official Journal 12 May 1998

Any alien convicted of any of the offences referred to under Chapters I, II and IV of the present Title, and articles 413-1 to 4 13-4, 413-10 and 413-11 may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10. The provisions of the last seven paragraphs of article 131-30 do not apply.

ARTICLE 414-7

Legal persons may incur criminal liability for the offences referred to under the present Title pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to in 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

ARTICLE 414-8

The provisions of articles 411-1 to 411-11 and 413-1 to 413-12 are applicable to the actions referred to under those provisions when committed to the prejudice of the signatory powers of the North Atlantic Treaty.

ARTICLE 414-9

The provisions of articles 411-6 to 411-8 and 413-10 to 413-12 are applicable to information covered by the security agreement governing certain exchanges of confidential information between the Government of the French Republic and the Government of the Kingdom of Sweden, signed in Stockholm on 22nd October 1973.

TITLE II. – OF TERRORISM

CHAPTER I. – OF ACTS OF TERRORISM

Article 421-1

Act no. 96-647 of 22nd July 1996 Article 1 Official Journal 23 July 1996; Act no. 98-348 of 11th May 1998 Article 37 Official Journal 12 May 1998; Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal 16 November 2001

The following offences constitute acts of terrorism where they are committed intentionally in connection with an individual or collective undertaking the purpose of which is seriously to disturb the public order through intimidation or terror:

      • – the production, sale, import or export of explosive substances as defined by article 6 of the Act no. 70-575 of 3rd July 1970 amending the regulations governing explosive powders and substances;

        – the purchase, keeping, transport or unlawful carrying of explosive substances or of devices made with such explosive substances, as defined by article 38 of the Ordinance of 18th April 1939 defining the regulations  governing military equipment, weapons and ammunition;

        – the detention, carrying, and transport of weapons and ammunition falling under the first and fourth categories defined by articles 4, 28, 31 and 32 of the aforementioned Ordinance;

        – the offences defined by articles 1 and 4 of the Act no. 72-467 of 9th June 1972 forbidding the designing, production, keeping, stocking, purchase or sale of biological or toxin-based weapons;

        – the offences referred to under articles 58 to 63 of the Act no. 98-467 of 17th June 1998 on the application of the Convention of the 13th January 1993 on the prohibition of developing, producing, stocking and use of chemical weapons and on their destruction;

  • 1° wilful attacks on life, wilful attacks on the physical integrity of persons, abduction and unlawful detention and also as the hijacking of planes, vessels or any other means of transport, defined by Book II of the present Code;

    2° theft, extortion, destruction, defacement and damage, and also computer offences, as defined under Book III of the present Code;

    3° offences committed by combat organisations and disbanded movements as defined under articles 431-13 to 431-17, and the offences set out under articles 434-6, 441-2 to 441-5;

    4° the production or keeping of machines, dangerous or explosive devices, set out under article 3 of the Act of 19th June 1871 which repealed the Decree of 4th September 1870 on the production of military grade weapons;

    5° receiving the product of one of the offences set out in paragraphs 1 to 4 above.

ARTICLE 421-2

Act no. 1996-647 of 22 July 1996 Article 2 Official Journal 23 July 1996

The introduction into the atmosphere, on the ground, in the soil or in waters, including territorial waters, of any substance liable to imperil human or animal health or the natural environment is an act of terrorism where it is committed intentionally in connection with an individual or collective undertaking whose aim is to seriously disturb public order through intimidation or terror.

ARTICLE 421-2-1

Inserted by Act no. 96-647 of 22nd July 1996 Article 2 Official Journal 23 July 1996

The participation in any group formed or association established with a view to the preparation, marked by one or more material actions, of any of the acts of terrorism provided for under the previous articles shall in addition be an act of terrorism.

ARTICLE 421-3

The maximum custodial sentence incurred for the offences provided for under article 421-1 is increased as follows where those offences constitute acts of terrorism:

    1° it is raised to criminal imprisonment for life where the offence is punished by thirty years’ criminal imprisonment;

    2° it is raised to thirty years’ criminal imprisonment where the offence is punished by twenty years’ criminal imprisonment;

    3° it is raised to twenty years’ criminal imprisonment where the offence is punished by fifteen years’ criminal imprisonment;

    4° it is raised to fifteen years’ criminal imprisonment where the offence is punished by ten years’ imprisonment;

    5° it is raised to ten years’ imprisonment where the offence is punished by seven years’ imprisonment;

    6° it is raised to seven years’ imprisonment where the offence is punished by five years’ imprisonment;

    7° it is raised to twice the sentence incurred where the offence is punished by a maximum of three years’ imprisonment.

The first two paragraphs of article 132-23 governing the safety period are applicable to the felonies referred to under the present article, and also to the misdemeanours punished by ten years’ imprisonment

ARTICLE 421-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The act of terrorism set out under article 421-2 is punished by fifteen years’ criminal imprisonment and a fine of € 225,000.

Where that offence causes the death of one or more persons, it is punished by criminal imprisonment for life and a fine of € 750,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the felony referred to under the present article.

ARTICLE 421-5

Act no. 96-647 of 22nd July 1996 Article 2 Official Journal 23 July 1996 into force 1 January 02

The act of terrorism defined by article 421-2-1 is punished by ten years’ imprisonment and a fine of € 225,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the misdemeanour referred to under the present article.

CHAPTER II. – SPECIAL PROVISIONS

Article 422-1

Any person who has attempted to commit an act of terrorism is exempted from punishment where, having informed the judicial or administrative authorities, he makes it possible to prevent the offence taking place and, where relevant, to identify the other offenders.

ARTICLE 422-2

The custodial sentence incurred by the perpetrator or the accomplice to an act of terrorism is reduced by half where, having informed the judicial or administrative authorities, he has made it possible for the criminal behaviour to be stopped or for human fatalities or permanent injuries resulting from the offence to be avoided, and, where relevant, the other offenders to be identified.

Where the penalty incurred is criminal imprisonment for life, this penalty is reduced to twenty years’ criminal detention.

ARTICLE 422-3

Natural persons convicted of any of the offences provided for under the present Title also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26. However, the maximum period of the forfeiture is raised to fifteen years in the event of a felony, and to ten years in the event of a misdemeanour;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed. However, the maximum temporary prohibition is increased to ten years;

    3° area banishment, pursuant to the conditions set out under article 131-31. However, the maximum period of the banishment is raised to fifteen years in the event of a felony, and to ten years in the event of a misdemeanour.

ARTICLE 422-4

Act no. 93-1027 of 24 August 93 Article 33 Official Journal 29 August 93; Act no. 98-468 of 17th July 1998 Article 37 Official Journal 12 May 1998

Any alien convicted of any of the offences referred to under the present Title may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.

The provisions of the last seven paragraphs of article 131-30 do not apply.

ARTICLE 422-5

Legal persons may incur criminal liability for acts of terrorisms set out under under the present Title, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

ARTICLE 422-6

Inserted by Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal of 16 November 2001

Natural and legal persons convicted of act of terrorism shall in addition incur the complementary penalty of confiscation of all or part of their property, whatever its nature, movable or immovable, separately or jointly owned,

ARTICLE 422-7

Inserted by Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal of 16 November 2001

The product of a financial or property sanction imposed on a person convicted of an act of terrorism is allocated to the contingency fund for victims of act of terrorism and other offences.

TITLE III. – VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER I. –BREACHES OF THE PUBLIC PEACE

SECTION I. – IMPEDING THE FREEDOM OF EXPRESSION, LABOUR, ASSOCIATION, ASSEMBLY OR DEMONSTRATION

ARTICLE 431-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Concerted obstruction, with the use of threats, to the exercise of the freedom of expression, labour, association, assembly or demonstration is punished by one year’s imprisonment and a fine of € 15,000.

Concerted obstruction to the exercise of one of the freedoms referred to under the previous paragraph with the use of blows, acts of violence, or acts of destruction or damage within the meaning of the present Code is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 431-2

Natural persons convicted of any of the offences provided for under article 431-1 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed;

    3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years.

SECTION II. –PARTICIPATION IN AN UNLAWFUL ASSEMBLY

ARTICLE 431-3

An unlawful assembly is any gathering of persons on the public highway or in any place open to the public where it is liable to breach the public peace.

An unlawful assembly may be dispersed by the forces of public order after two orders to disperse have been issued without success by the prefect, the sub-prefect, the mayor or one of his deputies, any judicial police officer in charge of public safety, or any other judicial police officer, bearing the insignia of their office.

These orders are made in a manner appropriate to inform the persons taking part in the unlawful assembly of the obligation to disperse without delay; the manner shall be specified by a Decree of the Conseil d’Etat, which shall also determine the insignia to be borne by the persons referred to under the previous paragraph.

However, the representatives of the forces of order called to disperse an unlawful assembly may directly resort to the use of force where acts of violence are carried out against themselves or if they are not in a position otherwise to protect the place they are occupying.

ARTICLE 431-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Wilful participation in an unlawful assembly, after the orders have been issued, committed by a person not carrying a weapon is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 431-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Wilful participation in an unlawful assembly whilst carrying a weapon is punished by three years’ imprisonment and a fine of € 45,000.

Where the person carrying a weapon has wilfully continued to participate in an unlawful assembly after the orders have been issued, the penalty is increased to five years’ imprisonment and to a fine of € 75,000.

ARTICLE 431-6

Direct incitement to the gathering of an armed unlawful assembly, whether demonstrated by shouting or public speeches, or by the circulation or display or communication in any other way of writings, or by words or pictures, is punished by one year’s imprisonment and a fine of € 15,000.

Where the incitement is acted upon, the penalty is increased to seven years’ imprisonment and to a fine of € 100,000.

ARTICLE 431-7

Natural persons convicted of any of the offences provided for under articles 431-5 and 431-6 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    3° confiscation of one or more weapons belonging to the convicted person or which are freely available to him;

    4° area banishment pursuant to the conditions under article 131-31.

ARTICLE 431-8

Any alien convicted of any of the offences referred to under articles 431-5 and 431-6 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under Article 131-10.

SECTION III. – UNLAWFUL DEMONSTRATIONS AND UNLAWFUL PARTICIPATION TO A DEMONSTRATION OR TO A PUBLIC MEETING

ARTICLE 431-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The following offences are punished by six months’ imprisonment and a fine of € 7,500:

    1° the organisation of a demonstration on the public highway without filing a prior notice pursuant to the conditions laid down by law;

    2° the organisation of a demonstration on the public highway which has been prohibited pursuant to the conditions laid down by the law;

    3° drawing up an inaccurate or incomplete notice liable to mislead about the objective or conditions of the proposed demonstration.

ARTICLE 431-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Participating in a demonstration or public meeting while carrying a weapon is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 431-11

Natural persons convicted of any of the offences provided for under Article 431-10 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years;

    3° confiscation of one or more weapons which belonged to the convicted person or which are freely available to him;

    4° area banishment pursuant to the conditions under article 131-31.

ARTICLE 431-12

Any alien convicted of any of the offences referred to under article 431-10 may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.

SECTION IV. – COMBAT GROUPS AND DISBANDED MOVEMENTS

ARTICLE 431-13

Unless otherwise provided by the law, a combat group is any group of persons holding or having access to weapons, which has an organised hierarchy and is liable to breach the public peace.

ARTICLE 431-14

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Participating in a combat group is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 431-15

The open or secret participation in maintaining or re-establishing an association or group disbanded by the Act of 10th January 1936 on combat groups and private militias is punished by three years’ imprisonment and a fine of € 45,000.

Where the association or the re-established or maintained group is a combat group within the meaning of article 431-14, the penalty is increased to five years’ imprisonment and a fine of € 75,000.

ARTICLE 431-16

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Organising a combat group is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 431-17

The maintenance or re-establishment, whether secret or open, of a combat group disbanded under the aforementioned Act of 10th January 1936 is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 431-18

Natural persons convicted of any of the offences provided for under the present Section also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° the complete or partial dissemination of the decision, or of an official statement informing the public of the reasons and the contents of the decision, pursuant to the conditions set out under article 131-35;

    3° area banishment, pursuant to the conditions set out under article 131-31.

ARTICLE 431-19

Act no. 93-1027 of 24 August 1993 Article 33 Official Journal 29 August 1993

Any alien convicted of any of the offences referred to under the present Section may be banished from French territory either permanently or for a maximum period of ten years,  pursuant to the conditions set out under article 131-10. The last five paragraphs of article 131-30 do not apply.

ARTICLE 431-20

Legal persons may incur criminal liability for the offences set out under the present Section, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

ARTICLE 431-21

Natural or legal persons convicted of the offences set out under the present Section also incur the following sentences:

    1° confiscation of movable or immovable property belonging to or used by the combat group or association or by the maintained or re-established group;

    2° confiscation of uniforms, insignia, emblems, weapons and any equipment used or designed to be used by the combat group or association or by the maintained or re-established group.

CHAPTER II. – OFFENCES AGAINST THE GOVERNMENT COMMITTED BY CIVIL SERVANTS

SECTION I. – ABUSE OF AUTHORITY DIRECTED AGAINST THE PUBLIC ADMINISTRATION

ARTICLE 432-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The taking of measures designed to obstruct the implementation of a law, committed by a person holding public authority in the discharge of his office, is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 432-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offence set out under article 432-1 is punished by ten years’ imprisonment and a fine of € 150,000 where it was successful.

ARTICLE 432-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The continued exercise of an office by a person holding public authority or discharging a public service mission, or by a person holding a public electoral mandate, after having been officially informed of the decision or the circumstance putting an end to his functions, is punished by two years’ imprisonment and a fine of € 30,000.

SECTION II. – OF ABUSE OF AUTHORITY COMMITTED AGAINST INDIVIDUALS

§ 1. – OF OFFENCES AGAINST PERSONAL LIBERTY

ARTICLE 432-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The arbitrary ordering or carrying out a violation of personal freedom committed by a person holding public authority or discharging a public service mission, acting in the exercise or on the occasion of his office or mission, is punished by seven years’ imprisonment and a fine of € 100,000.

Where the violation consists of a detention or a restraint exceeding seven days, the penalty is increased to thirty years’ criminal imprisonment and to a fine of € 450,000.

ARTICLE 432-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The unlawful deprivation of liberty, the wilful failure either to put an end to such deprivation when he has the power, or, alternatively, the wilful failure to bring about the intervention of a competent authority, by a person holding public authority or discharging a public service mission who has knowledge of such deprivation in the course of or on the occasion of his office or mission, is punished by three years’ imprisonment and a fine of € 45,000

A person referred to under the previous paragraph who, having learnt of an allegedly unlawful deprivation of liberty in the course of or on the occasion of the discharge of his office or mission, wilfully abstains either from making such necessary verifications as he is empowered to make, or, alternatively, from transmitting the complaint to a competent authority, is punished by one year’s imprisonment and a fine of € 15,000 where the deprivation of liberty, later found to be unlawful, continued.

ARTICLE 432-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The reception or retention of a person by an agent of the prison administration, without a warrant, a judgement or a detention order drafted in conformity with the law, or the undue extension of a detention, is punished by two years’ imprisonment and a fine of € 200,000.

§ 2. – DISCRIMINATION

ARTICLE 432-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Discrimination defined by article 225-1, committed in respect of a natural or legal person, by a person holding public authority or discharging a public service mission, in the discharge or on the occasion of that office or mission, is punished by three years’ imprisonment and a fine of € 45,000 where it consists:

    1° of refusing the benefit of a right conferred by the law;

    2° of hindering the normal exercise of any given economic activity.

§ 3. – OF OFFENCES AGAINST THE INVIOLABILITY OF THE DOMICILE

ARTICLE 432-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The entry or attempt to enter another person’s residence against his will, except in cases where the law provides, by a person holding public authority or discharging a public service mission, acting in the exercise or on the occasion of his office or mission, is punished by two years’ imprisonment and a fine of € 30,000.

§ 4. – VIOLATING THE CONFIDENTIALITY OF CORRESPONDENCE

ARTICLE 432-9

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Except where provided for by law, the ordering, committing or facilitation of the misappropriation, suppression or opening of correspondence, and the disclosure of the contents of such correspondence, by a person holding public authority or discharging a public service mission acting in the course of or on the occasion of his office or duty, is punished by three years’ imprisonment and a fine of €45,000.

The same penalties apply to a person referred to under the previous paragraph, or the employee of an undertaking managing a telecommunications system established pursuant to Article L. 33-1 of the Postal and Telecommunications Code, or an employee of a supplier of telecommunications services, who, acting in the performing of his office, orders, commits or facilitates, except where provided for by law, any interception or misappropriation of correspondence sent, transmitted or received by a means of telecommunication, or the use or the disclosure of its contents.

SECTION III. – BREACHES TO THE DUTY OF HONESTY

§ 1. – IMPROPER DEMANDS OR EXEMPTIONS IN RELATION TO TAXES

ARTICLE 432-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any acceptance, request or order to pay as public duties, contributions, taxes or impositions of any sum known not to be due, or known to exceed what is due, committed by a person holding public authority or discharging a public service mission is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to the granting by such persons, in any form and for any reason, of any exoneration or exemption from dues, contributions taxes or impositions in breach of statutory or regulatory rules.

Attempt to commit the misdemeanours referred to under the present article is subject to the same penalties.

§ 2. – PASSIVE CORRUPTION AND TRAFFICKING IN INFLUENCE BY PERSONS HOLDING PUBLIC OFFICE

ARTICLE 432-11

Act no. 2000-593 of 30th June 2000 Article 1 Official Journal 1 July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The direct or indirect request or acceptance without right of offers, promises, donations, gifts or advantages, when done by a person holding public authority or discharging a public service mission, or by a person holding a public electoral mandate, is punished by ten years’ imprisonment and a fine of € 150,000 fine where it is committed:

    1° to carry out or abstain from carrying out an act relating to his office, duty, or mandate, or facilitated by his office, duty or mandate;

    2° or to abuse his real or alleged influence with a view to obtaining from any public body or administration any distinction, employment, contract or any other favourable decision.

§ 3. – UNLAWFUL TAKING OF INTEREST

ARTICLE 432-12

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The taking, receiving or keeping of any interest in a business or business operation, either directly or indirectly, by a person holding public authority or discharging a public service mission, or by a person holding a public electoral mandate who at the time in question has the duty of ensuring, in whole or in part, its supervision, management, liquidation or payment, is punished by five years’ imprisonment and a fine of € 75,000.

However, in municipalities of no more than 3500 inhabitants, mayors, their deputies or municipal counsellors acting by delegation from or in substitution for the mayor, may  contract with the municipality of which they are the elected representatives for the transfer of movable or immovable property or for the supply of services within the limit of an annual sum of € 16,000.

Furthermore, in those municipalities, mayors, their deputies or the municipal counsellors acting by delegation from or in substitution for the mayor may acquire a plot in a municipal housing development to build their personal dwelling, or enter into a residential tenancy agreement with the municipality for their personal accommodation. These contracts must be authorised by a reasoned decision from the municipal council after a valuation of the property concerned has been made by the public domain service.

In the same municipalities, the same elected officials may acquire property belonging to the municipality for the establishment or development of their business. The price may not be lower than the valuation made by the public domain service. The contract must be authorised by a reasoned decision from the municipal council, whatever the value of the property concerned.

For the application of the three previous paragraphs, the municipality is represented in accordance with the conditions laid down under article L. 122-12 of the Municipalities Code and the mayor, deputy or the municipal counsellor concerned must abstain from participating in the deliberation of the municipal council regarding the completion or approval of the contract. Furthermore, notwithstanding the second paragraph of article L. 1.21-15 of the Municipalities Code, the municipal council may not decide to meet in camera.

ARTICLE 432-13

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

An offence punished by two years’ imprisonment and a fine of € 30,000 is committed by any person who, in his capacity as a civil servant or agent or official of a public administration, and specifically by reason of his office, is entrusted with the supervision or control of any private undertaking, or with the conclusion of contracts of any type with a private enterprise, or who by services, advice or investment takes or receives any part in such an enterprise, before the expiry of a period of five years following the end of his office.

The same penalties apply to any participation through work, advice or investment in a private undertaking which owns 30 per cent or more of the capital in one of the undertakings referred to in the previous paragraph, or which has concluded a contract carrying legal or de facto exclusivity with such an enterprise.

For the purpose of the present article, any public enterprise exercising its activity in a competitive sector and in accordance with the rules of private law counts as a private enterprise.

These provisions are applicable to the employees of public corporations, nationalised enterprises, mixed economy companies in which the State or public bodies holding directly or indirectly more than 50 per cent of the capital, and the employees of the public operators enumerated by the Act no. 90-568 of 2nd July 1990 governing the organisation of the public postal and telecommunications service.

The offence is not committed by investment in the capital of companies listed on the stock market or where the capital is received by devolution under a succession.

§ 4. – OFFENCES AGAINST EQUAL ACCESS IN RESPECT OF  PUBLIC TENDERS AND PUBLIC SERVICE DELEGATIONS

ARTICLE 432-14

Act no. 95-127 of 8th February 1995 Article 10 Official Journal 9 February 95; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

An offence punished by two years’ imprisonment and a fine of € 30,000 is committed by any person holding public authority or discharging a public service mission or holding a public electoral mandate or acting as a representative, administrator or agent of the State, territorial bodies, public corporations, mixed economy companies of national interest discharging a public service mission and local mixed economy companies, or any person acting on behalf of any of the above-mentioned bodies, who obtains or attempts to obtain for others an unjustified advantage by an act breaching the statutory or regulatory provisions designed to ensure freedom of access and equality for candidates in respect of tenders for public service and delegated public services.

§ 5. – PURLOINING AND MISAPPROPRIATING PROPERTY

ARTICLE 432-15

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The destruction, misappropriation or purloining of a document or security, of private or public funds, papers, documents or securities representing such funds, or of any other object entrusted to him, committed by person holding public authority or discharging a public service mission, a public accountant, a public depositary or any of his subordinates, is punished by ten years’ imprisonment and a fine of € 150,000.

Attempt to commit the misdemeanour referred to under the previous paragraph is subject to the same penalties.

ARTICLE 432-16

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where the destruction, misappropriation or purloining of assets referred to under article 432-15 was committed by a third party as a result of the negligence of a person holding public authority or discharging a public service mission, a public accountant or a public depositary, the latter is punished by one year’s imprisonment and a fine of € 15,000.

SECTION IV. – OF ADDITIONAL PENALTIES

ARTICLE 432-17

Act no. 92-1336 of 16th December 1992 Article 365 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994

The following additional penalties may be pronounced in the cases referred to under the present Chapter:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to exercise a public office or to undertake the social or professional activity in the course of which or on the occasion of which the offence was committed;

    3° confiscation, pursuant to the conditions set out under article 131-21, of the sums or objects unlawfully received by the offender, with the exception of objects subject to restitution;

    4° in the case referred to in article 432-7, public display or dissemination of the decision, pursuant to the conditions set out by article 131-35.

CHAPTER III. – OFFENCES AGAINST THE PUBLIC ADMINISTRATION COMMITTED BY PRIVATE PERSONS

SECTION I. – ACTIVE CORRUPTION AND TRAFFICKING IN INFLUENCE COMMITTED BY PRIVATE PERSONS

ARTICLE 433-1

Act no. 2000-595 of 30th June 2000 Article 1 Official Journal 1 July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

An offence punished by ten years’ imprisonment and a fine of € 150,000 is committed by unlawfully proffering, directly or indirectly, any offer, promise, donation, gift or reward, in order to induce a person holding public authority, discharging a public service mission, or vested with a public electoral mandate:

    1°  to carry out or abstain from carrying out an act pertaining to his office, duty, or mandate, or facilitated by his office, duty or mandate;

    2° or to abuse his real or alleged influence with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or the government;

The same penalties apply yielding to a person holding public authority, discharging a public service mission, or vested with a public electoral mandate who, unlawfully, directly or indirectly solicits offers, promises, donations, gifts or rewards to carry out or to abstain from carrying out any act specified under 1°, or to abuse his influence under the conditions specified under 2°.

ARTICLE 433-2

The direct or indirect request or acceptance of offers, promises, donations, gifts or rewards made to abuse one’s real or supposed influence with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or administration, is punished by five years’ imprisonment and a fine of € 75,000

The same penalties apply to yielding to the demands set out under the previous paragraph, or unlawfully proffering, directly or indirectly any offer, promise, donation, gift or reward so that a person may unlawfully use his real or supposed influence with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or administration;

SECTION II. – THREATS AND INTIMIDATION AGAINST PERSONS HOLDING PUBLIC OFFICE

ARTICLE 433-3

Act no. 96-647 of 22nd July 1996 Article 16 Official Journal 23 July 1996; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A threat to commit a felony or a misdemeanour against persons or property uttered against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the Gendarmerie or national police, customs or the prison administration, or any other person holding public authority or discharging a public service mission, acting in the discharge or on the occasion of that office, when it is repeated, or when it takes the form of a written document, picture or other article, is punished by two years’ imprisonment and a fine of € 30,000. The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where a threat of death or a threat against property liable to endanger other persons was made.

The use of threats, violence or the commission of any other intimidating act to obtain, from a person referred to under the first paragraph or who holds a public electoral mandate, either the performance or the abstention from performance of any act pertaining to his office, duty or mandate, or facilitated by his office, duty or mandate, or the misuse of his real or supposed authority with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or administration, is punished by ten years’ imprisonment and a fine of € 150,000.

SECTION III. – PURLOINING AND MISAPPROPRIATING PROPERTY FROM A PUBLIC DEPOSIT

ARTICLE 433-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The destruction, misappropriation or purloining of a document or security, of private or public funds, of papers, documents or securities representing such funds, or of any other object handed over to a person holding public authority or discharging a public service mission, or to a public accountant, to a public depositary, or to one of his subordinates, by reason of his office or duty, is punished by seven years’ imprisonment and a fine of € 100,000.

Attempt to commit the misdemeanour under the previous paragraph is subject to the same penalties.

SECTION IV. – CONTEMPT

ARTICLE 433-5

Act no. 96-647 of 22nd July 1996 Article 19 Official Journal 23 July 1996; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Contempt is an offence punished by a fine of € 7,500 consisting of words, gestures or threats, written documents or pictures of any type not released to the public, or the sending of any article addressed to a person discharging a public service mission, acting in the discharge or on the occasion of his office, and liable to undermine his dignity or the respect owed to the office that he holds.

When addressed to a person holding public authority, contempt is punished by six months’ imprisonment and a fine of € 7,500.

Where committed during a meeting, the contempt set out in the first paragraph is punished by six months’ imprisonment and a fine of € 7,500, and the contempt set out in the second paragraph is punished by one year’s imprisonment and a fine of € 15,000.

SECTION V. – OF OBSTRUCTION

ARTICLE 433-6

Obstruction consists of opposing violent resistance to a person holding public authority or discharging a public service mission acting in the discharge of his office for the enforcement of laws, orders from a public authority, judicial decisions or warrants.

ARTICLE 433-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obstruction is punished by six months’ imprisonment and a fine of € 7,500.

Obstruction committed by a group of persons is punished by one year’s imprisonment and a fine of €15,000.

ARTICLE 433-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Armed obstruction is punished by three years’ imprisonment and a fine of € 45,000.

Armed obstruction committed by a group of persons is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 433-9

Notwithstanding articles 132-2 to 132-5, where the person guilty of obstruction is imprisoned, the penalties imposed for the misdemeanour of obstruction are consecutive to, and may not run concurrently with, any currently being served by the person concerned, or imposed for a connected offence for which he is detained.

ARTICLE 433-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Direct incitement to obstruction, whether demonstrated by shouting or public speeches, or by the circulation or display or communication in any other way of writings, or by words or pictures, is punished by a fine of € 7,500.

When the misdemeanour under the previous paragraph is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

SECTION VI. – OBSTRUCTION TO THE EXECUTION OF PUBLIC WORKS

ARTICLE 433-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obstructing by acts of violence the execution of public works or a works of public utility is punished by one year’s imprisonment and a fine of € 15,000.

SECTION VII. – USURPATION OF OFFICE

ARTICLE 433-12

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person acting without authority who interferes in the discharge of a public service by performing an act reserved for the holder of this office is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 433-13

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by any person who:

    1° exercises an activity in conditions liable to create in the mind of the public a confusion with the discharge of a public service or an activity reserved to legal professional officers or public officers;

    2° uses papers or written documents presenting a similarity to judicial or extra-judicial documents or a similarity to administrative documents, liable to cause misapprehension in the mind of the public.

SECTION VIII. – OF USURPATION OF INSIGNIA RESERVED TO A PUBLIC AUTHORITY

ARTICLE 433-14

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by any person who publicly and unlawfully:

    1° wears a costume, uniform or decoration regulated by public authority;

    2° uses a document establishing an official capacity or an insignia regulated by public authority;

    3° uses a vehicle displaying outwardly visible insignias identical to those used by the national police or army.

ARTICLE 433-15

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Wearing in public a costume or uniform, using a vehicle, or using an insignia or a document presenting a similarity with costumes, uniforms, vehicles, insignia badges or distinctive documents reserved to the national police or army which is liable to cause a misapprehension in the mind of the public, is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 433-16

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offences defined by articles 433-14 and 433-15 are punished by three years’ imprisonment and a fine of € 45,000 where their object is to prepare or facilitate the commission of a felony or a misdemeanour.

SECTION IX. – OF USURPATION OF TITLES

ARTICLE 433-17

The unlawful use of a title attached to a profession regulated by public authority or of an official certificate or capacity of which the conditions of attribution are fixed by public authority is punished by one year’s imprisonment and a fine of € 15,000.

SECTION X. – THE UNLAWFUL USE OF A CAPACITY

ARTICLE 433-18

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of sentence of six months’ imprisonment and a fine of € 7,500 is incurred by the founder or the lawful or de facto manager of a profit-making enterprise, who inscribes or causes to appear in an advertisement made for the enterprise that he manages or intends to create:

    1° the name, with indication of his capacity, of a member or a former member of the Government, the Parliament, the European Parliament, the deliberating body of a local assembly, the Constitutional Council, the Conseil d’Etat, the Social and Economic Council, the High Council for the Judiciary, the Cour de cassation, the Court of Public Auditors, the Institute of France, the executive board of the Bank of France or of a collegiage body having the duty to supervise or to give advice;

    2° the name, with indication of his capacity, of a judge or prosecutor or former judge or prosecutor, of a civil servant or former civil servant, or of a legal professional officer or a public officer;

    3° the name of a person with the indication of any decoration, regulated by the public authority, awarded to him.

A banker or salesman who uses the advertising referred to under the previous paragraph is subject to the same penalties.

SECTION XI. – OFFENCES AGAINST THE CIVIL STATUS OF PERSONS

ARTICLE 433-19

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of six months’ imprisonment and a fine of € 7,500 is incurred by:

    1° using a name or part of a name other than that assigned by civil status;

    2° changing, altering or modifying a name or part of a name assigned by civil status,

in an authentic or public document or in an administrative document drafted for public authority, other than where regulations in force permit the drafting of such documents under an assumed civil status.

ARTICLE 433-20

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A person bound by marriage who contracts another marriage before the dissolution of the existing marriage is punished by one year’s imprisonment and a fine of € 45,000.

The same penalties apply to any public officer who celebrates the marriage having knowledge of the existence of the previous marriage.

ARTICLE 433-21

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any minister of religion who habitually conducts religious ceremonies of marriages without beforehand being presented with the marriage certificate received by officials responsible for civil status is punished by six months’ imprisonment and a fine of € 7,500.

ARTICLE 433-21-1

Act no. 92-1336 of 16th December 1992 Article 366 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person implementing a funeral in a manner contrary to the wishes of the deceased or to a judicial decision or will or decision that he is aware of, is punished by six months’ imprisonment and a fine of € 7,500.

SECTION XII. – ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 433-22

Natural persons convicted of any of the offences provided for under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed, for a maximum period of five years;

    3° the public display or dissemination of the decision, pursuant to the conditions set out under article 131-35.

ARTICLE 433-23

In the cases referred to under Articles 433-1, 433-2 and 433-4, the confiscation of the funds or articles unlawfully received by the offender may also be imposed, with the exception of articles subject to restitution.

ARTICLE 433-24

Natural persons convicted of any of the offences provided for under article 433-8 also incur the following additional penalties:

    1° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;

    2° confiscation of one or more weapons which belonged to the convicted person or which are freely available to him.

ARTICLE 433-25

Legal persons may incur criminal liability for the offences referred to under Sections 1, 6, 7, 9 and 10, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° for a maximum period of five years, the penalties referred to under points 2°, 3°, 4°, 5°, 6° and 7° of article 131-39;

    3° confiscation provided for by article 131-21;

    4° the public display or dissemination of the decision, pursuant to the conditions set out under article 131-35.

The prohibition referred to under 2° of Article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER IV. – PERVERTING THE COURSE OF JUSTICE

SECTION I. – OBSTRUCTING THE INTERVENTION OF JUSTICE

ARTICLE 434-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person who, having knowledge of a felony the consequences of which it is still possible to prevent or limit, or the perpetrators of which are liable to commit new felonies that could be prevented, omits to inform the administrative or judicial authorities is punished by three years’ imprisonment and a fine of € 45,000.

Except where felonies committed against minors under fifteen years of age are concerned, the following are exempted from the provisions above:

    1° the relatives in a direct line and their spouses, and the brothers and sisters and their spouses, of the perpetrator or accomplice to the felony;

    2° the spouse of the offender or accomplice to the felony, or the person who openly cohabits with him.

Also exempted from the provisions of the first paragraph are persons bound by an obligation of secrecy pursuant to the conditions laid down under article 226-13.

ARTICLE 434-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where the felony referred to under the first paragraph of article 434-1 consists of a violation of a fundamental interest of the nation as defined by Title I of the present Book or an act of terrorism referred to under Title II of the present Book, the penalty is increased to five years’ imprisonment and to a fine of € 75,000.

ARTICLE 434-3

Act no. 98-468 of 17th June 1998 Article 15 Official Journal 18 June 1998; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person who, having knowledge of maltreatment, deprivations, or sexual assaults inflicted upon a minor under fifteen years of age or upon a person incapable of self-protection by reason of age, sickness, disability, psychic or physical deficiency or state of pregnancy, omits to report this to the administrative or judicial authorities is punished by three years’ imprisonment and a fine of € 45,000.

Except where the law otherwise provides, persons bound by an obligation of secrecy pursuant to the conditions set out under article 226-13 are exempted from the above provisions.

ARTICLE 434-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where it is done in order to obstruct the discovery of the truth, a penalty of three years’ imprisonment and a fine of € 45,000 applies to:

    1° modifying the scene of a felony or a misdemeanour either by the alteration, falsification or obliteration of clues or evidence, or by bringing, removing or suppressing any given article;

    2° destroying, purloining, concealing or altering a private or public document or an article liable to facilitate the discovery of a felony or a misdemeanour, the search for evidence or the conviction of the guilty party.

Where the acts provided for under the present article are committed by a person who, because of his position, is called to take part in the discovery of the truth, the penalty is increased to five years’ imprisonment and to a fine of € 75,000.

ARTICLE 434-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any threat or any other intimidation made against any person with a view to persuading the victim of a felony or a misdemeanour not to file a complaint or to retract is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 434-6

Act no. 96-647 of 22nd July 1996 Article 7 Official Journal 23 July 1996; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Providing the perpetrator or accomplice to a felony or an act of terrorism punished by at least ten years’ imprisonment with accommodation, a hiding-place, funds, the means of existence or any other means of evading searches or arrest, is punished by three years’ imprisonment and a fine of € 45,000. The penalty is increased to five years’ imprisonment and a fine of € 75,000 where the offence is committed habitually.

Exempted from the above provisions are:

    1° the relatives in a direct line and their spouses, and the brothers and sisters and their spouses, of the perpetrator or accomplice to the felony or terrorist offence;

    2° the spouse of the perpetrator or accomplice to the felony or act of terrorism, or the person who openly cohabits with him.

ARTICLE 434-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The concealment or hiding of the dead body of a victim of a homicide or of a person who has died as a result of acts of violence is punished by two years’ imprisonment and a fine of € 30,000.

SECTION II. –OBSTRUCTING THE COURSE OF JUSTICE

ARTICLE 434-7-1

Act no. 92-1336 of 16th December 1992 Articles 213, 367 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The refusal by a judge or other member of a court or administrative authority to render justice after being required to do so and which continues despite a warning or injunction from his superiors, is punished by a fine of € 7,500 and prohibition to hold a public position for a period of five to twenty years.

ARTICLE 434-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any threat or any intimidation directed against a judge or prosecutor, a juror or any other member of a court, an arbitrator, an interpreter, an expert or the avocate of a party, with a view to influencing his behaviour in the discharge of his office, is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 434-9

Act no. 2000-595 of 30th June 2000 Article 1 Official Journal 1 July 2000

The direct or indirect request or acceptance without right of offers, promises, donations, gifts or advantages, by a judge or prosecutor, a juror or any other member of court of law, an arbitrator or an expert appointed either by a court or by the parties, or by a person appointed by a judicial authority to carry out conciliation or mediation, in return for performing or abstaining from performing an act of his office, is punished by ten years’ imprisonment and a fine of € 150,000.

Yielding to the solicitations of a person described in the previous paragraph, or to a proposal of any offer, promise, donation, gift or reward with a view to obtaining from such a person the performance or non-performance of an act pertaining to his office, is subject to the same penalties.

Where the offence referred to under the first paragraph is committed by a judge or prosecutor in favour or against a person who is being criminally prosecuted, the penalty is increased to fifteen years’ criminal imprisonment and a fine of € 225,000.

ARTICLE 434-10

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The driver of a terrestrial vehicle, or a river or sea-going craft who, knowing that he has just caused or brought about an accident, fails to stop and thereby attempts to evade any civil or criminal liability that he may have incurred, is punished by two years’ imprisonment and a fine of € 30,000.

Where articles 221-6 and 222-19 are applicable, the penalties applicable under those articles are doubled.

ARTICLE 434-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person who, knowing evidence showing that a person provisionally detained or sentenced for a felony or misdemeanour is innocent, wilfully abstains to produce the evidence before the administrative or judicial authorities is punished by three years’ imprisonment and a fine of € 45,000.

Nevertheless, the person who is late in bringing his testimony but does so spontaneously is exempt from penalty.

Also exempted from the provisions of the first paragraph are:

    1° the perpetrator or accomplice to the offence that led to the prosecution, their relatives in a direct line and spouses, their brothers and sisters and their spouses;

    2° the spouse of the perpetrator or the accomplice to the offence that led to the prosecution, or the person who openly cohabits with him.

Also exempted from the provisions of the first paragraph are persons bound by an obligation of secrecy under the conditions specified by article 226-13.

ARTICLE 434-12

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A person who, having publicly declared that he knows the perpetrators of felony or a misdemeanour, refuses to reply to questions put to him in this respect by a judge is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 434-13

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

False testimony made under oath before any court of law or before a judicial police officer acting in the exercise of a rogatory commission is punished by five years’ imprisonment and a fine of € 75,000.

Nevertheless, the false witness is exempt from penalty where he retracts his testimony spontaneously before the decision terminating the procedure has been made by the judicial investigating authority or the court of trial.

ARTICLE 434-14

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

False testimony is punished by seven years’ imprisonment and a fine of € 100,000:

    1° where it is procured by the handing over of a gift or a reward;

    2° where the person against whom or in favour of whom the false testimony was committed is liable to a penalty applicable to a felony.

ARTICLE 434-15

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The use of promises, offers, presents, pressures, threats, acts of violence, manoeuvres or tricks in the course of proceedings or in respect of a claim or defence in court to persuade others to make or deliver a statement, declaration or false affidavit, or to abstain from making a statement, declaration or affidavit, is punished by three years’ imprisonment and a fine of € 45,000, even where the subornation of perjury was ineffective.

ARTICLE 434-15-1

Act no. 2000-516 of 15th June 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A person who summoned by an investigating judge in order to be heard as a witness who refuses without justification or excuse to appear, to take the oath or to make a deposition is punished by a fine of € 3.750.

ARTICLE 434-15-2

Inserted by Act no. 2001-1062 of 15 November 2001 Article 31 16 November 2001

A penalty of three years’ imprisonment and a fine of € 45,000 are incurred by anyone who, having the key to decipher an encrypted message which may have been used to prepare, facilitate or commit a felony or a misdemeanour, refuses to disclose that key to the judicial authorities or to operate it following instructions issued by the judicial authorities under of Title II and III of Book I of the Code of Criminal Procedure.

Where the refusal was made where the disclosure of the key or its operation would have prevented the commission of a felony or a misdemeanour or would have limited its consequences, he penalty is increased to five years’ imprisonment and a fine of € 75,000.

ARTICLE 434-16

The publication, prior to the pronouncement of the final judicial decision, of commentaries by pressure to influence the statements of witnesses or the decision of the judicial investigating authority or trial court is punished by six months’ imprisonment and a fine of € 7,500.

When the offence is committed through the press or by broadcasting, the specific legal provisions governing these matters are applicable to define the persons who are responsible.

ARTICLE 434-17

Perjury in civil matters is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 434-18

The misrepresentation of the substance of the translated words or documents committed in any matter by an interpreter is punished in accordance with the distinctions referred to in articles 434-13 and 434-14 by five years’ imprisonment and a fine of € 75,000 or by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 434-19

The subornation of an interpreter is punished in accordance with the conditions set out under Article 434-15.

ARTICLE 434-20

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The falsification of any data or findings by a judicial expert in his written or oral presentation is punished, in accordance with the distinctions set out under articles 434-13 and 434-14, by five years’ imprisonment and a fine of € 75,000 or by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 434-21

The subornation an expert is punished pursuant to the conditions laid down under article 434-15.

ARTICLE 434-22

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The breaking of seals affixed by the public authority is punished by two years’ imprisonment and a fine of € 30,000. Attempt to break the seals is subject to the same penalties.

The same penalties apply to any misappropriation of articles placed under seals or under judicial safekeeping.

ARTICLE 434-23

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Assuming the name of another person in circumstances that lead or could have led to the initiation of a criminal prosecution against such a person is punished by five years’ imprisonment and a fine of € 75,000.

Notwithstanding the provisions of articles 132-2 to 132-5, sentences imposed for this misdemeanour are cumulated, and may not run concurrently with any imposed for the offence in the context of which the name was usurped.

The penalties set out under the first paragraph apply to a false statement in respect of  the civil status of a person which has led or could have led to the initiation of a criminal prosecution against another person.

SECTION III. – OFFENCES AGAINST THE AUTHORITY OF JUSTICE

§ 1. – VIOLATIONS OF THE RESPECT DUE TO JUSTICE

ARTICLE 434-24

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Abuse by words, gestures or threats, written documents or pictures of any type not publicly available, or the sending of any article to a judge or prosecutor, a juror or any other member of a court acting in the course of or on the occasion of the discharge of his office and liable to undermine his dignity or the respect owed to the office which he holds is punished by one year’s imprisonment and a fine of € 15,000.

If the abuse occurs at a hearing by a court, tribunal or any judicial forum, the penalty is increased to two years’ imprisonment and to a fine of € 30,000.

ARTICLE 434-25

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The attempt to publicly discredit a court’s act or decision by actions, words, documents or pictures of any type, in circumstances liable to undermine the authority of justice or its independence, is punished by six months’ imprisonment and a fine of € 7,500.

The provisions of the previous paragraph are not applicable to technical commentaries or to acts, words, documents or pictures of any type oriented towards the amendment, cassation or revision of a decision.

When the offence is committed through the press or by broadcasting, the specific legal provisions governing those matters are applicable to define the persons who are responsible.

Criminal proceedings are time barred after three months from the day on which the offence defined by the present article was committed, if in the meantime no act of investigation or prosecution has taken place.

ARTICLE 434-26

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A false complaint made to a judicial or administrative authority detailing the facts of a felony or a misdemeanour which causes the judicial authorities to make wasteful enquiries is punished by six months’ imprisonment and a fine of € of 7,500.

§ 2. – ESCAPE

ARTICLE 434-27

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A punishable escape occurs where a person who is detained absconds from custody by breaking out or the use of violence or corruption, including where such actions are carried out by a third party who has conspired with him.

Escape is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 434-28

For the purpose of the present paragraph, a person is considered as being detained:

    1° who is in police custody;

    2° who is about to be or is being brought before a judicial authority at the end of police custody or pursuant to a bench warrant;

    3° who has been served a detention warrant or of arrest warrant which remains in force;

    4° who is serving a custodial sentence or who has been arrested to serve that sentence;

    5° who is placed in custody pending extradition.

ARTICLE 434-29

Act no. 92-1336 of 16th December 1992 Article 368 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994; Act no. 97-1159 of 19th December 1997 Article 1 Official Journal 31 December 97

An escape is  punishable by the same penalties where:

    1° a detainee placed in a hospital or health institution absconds from the supervision to which he is subjected;

    2° a convicted person evades the control to which he is subjected whilst posted to a non-custodial assignment, or under electronic supervision, or whilst enjoying partial or temporary leave;

    3° a convicted person fails to return to the penitentiary institution at the end of an order suspending or dividing a sentence of imprisonment, of a non-custodial assignment, semi-detention or temporary leave;

    4° a convicted person placed under electronic supervision neutralises by any means the apparatus permitting the detection from a distance of either his presence in or his absence from any premises designated by the penalties enforcement judge.

ARTICLE 434-30

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The offences defined by article 434-27 and 1° of article 434-29 are punished by seven years’ imprisonment and a fine of € 100,000 where the acts of violence consist of threats to use a weapon or an explosive, incendiary or toxic substance, or where they were committed in the context of a plan concerted by several detainees.

The penalty is increased to ten years’ imprisonment and to a fine of € 150,000 where use was made of a weapon or an explosive incendiary or toxic substance.

ARTICLE 434-31

Notwithstanding the provisions of articles 132-2 to 132-5, the penalties imposed for the misdemeanour of escape are cumulative, and may not run concurrently with those that the escapee was serving or those imposed for the offence for which was detained.

ARTICLE 434-32

A penalty of three years’ imprisonment and a fine of € 45,000 is incurred by any person who procures a detained person with any means of absconding from the custody he was subjected to is punished by a sentence.

If the support so given was accompanied by acts of violence, a break-out or corruption, the offence is punished by five years’ imprisonment and a fine of € 75,000.

If the support consists of the supply or use of a weapon or explosive, incendiary or toxic substance the offence is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 434-33

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of ten years’ imprisonment and a fine of € 150,000 is incurred by any person exercising the supervision of a detainee who facilitates or prepares the escape of the detained person, even by deliberate omission.

These provisions are also applicable to any person authorised by his position to enter a penitentiary institution or to approach detained persons in whatever capacity.

In the cases set out under the present article, where the support provided consists of the supply or use of a weapon or explosive, incendiary or toxic substance the offence is punished by fifteen years’ imprisonment and a fine of € 225,000.

ARTICLE 434-34

The persons referred to under articles 434-32 and 434-33 may be jointly sentenced to pay any damages that the victim is entitled to obtain from the detainee as a civil party in the prosecution for the offence for which latter was detained.

ARTICLE 434-35

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by anyone who, in any place, delivers to a detained person or procures for or receives from him any money, correspondence, articles or substances other than those permitted by regulations.

The penalty is increased to three years’ imprisonment and to a fine of € 45,000 where the convicted person was entrusted with the supervision of detained persons or where he was authorised by his position to enter a penitentiary institution or to approach detained persons in any capacity.

ARTICLE 434-36

Attempt to commit the misdemeanours referred to under the present paragraph is subject to the same penalties.

ARTICLE 434-37

Any person who has attempted to commit, either as a principal or as an accomplice, any of the offences set out under the present paragraph is exempted from sentence if, having informed the judicial authorities or the penitentiary administration, he has enabled the escape to be prevented.

§ 3. – OTHER OFFENCES AGAINST THE AUTHORITY OF CRIMINAL JUSTICE

ARTICLE 438-38

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The appearance in a prohibited place by any person subject to area banishment is punished by two years’ imprisonment and a fine of € 30,000.

The same penalties apply to any person subject to area banishment who evades any supervision measures ordered by a judge.

ARTICLE 434-39

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where a judgment has ordered as a penalty the public display of the sentence, the suppression, concealing or tearing, in whole or in part, of the posters displayed is punished by six months’ imprisonment and a fine of € 7,500.

The judgment will order the renewed enforcement of the public display at the expense of the convicted person.

ARTICLE 434-40

Where a prohibition to undertake a social or professional activity referred to under articles 131-27 to 131-29 has been ordered as a penalty, any breach of the prohibition is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 434-41

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of two years’ imprisonment and a fine of € 30,000 applies to breach by the convicted person of any obligations or prohibitions arising from the suspension or cancellation of a driving licence, prohibition to hold or to carry a weapon, the withdrawal of a permit to hunt, the prohibition to draw cheques or to use credit cards, the mandatory closure of premises or the disqualification from public tenders imposed by application of articles 131-6, 131-10, 131-14, 13 1-16 or 131-17.

The same penalty applies to the destruction, misappropriation or attempt to destroy or misappropriate a vehicle that has been immobilised, or a vehicle, weapon or other article confiscated by virtue of articles 131-6 131-10, 131-14 or 131-16.

The same penalties also apply to the refusal, by a person receiving notification of a decision imposing on him under the aforementioned Articles the suspension or the cancellation of a driving licence, the withdrawal of a permit to hunt or the confiscation of a vehicle, a weapon or any other article, to hand over the licences suspended, cancelled or withdrawn or the article confiscated to the representative of the authority enforcing the decision.

ARTICLE 434-42

Act no. 92-1336 of 16th December 1992 Article 369 and 373 Official Journal of 23rd December 1992 came into force 1st March 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Breach by the convicted person of the obligations derived from community service imposed whether as a principal or an additional sentence is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 434-43

Act no. 2001-504 of 12th June 2001 Article 17 Official Journal of 13 June 2001; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Where one of the penalties referred to under article 131-29 has been imposed upon a legal person, breach by a natural person of the obligations arising from the sentence is punished by two years’ imprisonment and a fine of € 30,000.

A natural person who takes part in the maintenance or reconstruction, overt or clandestine, of a legal person of which the dissolution has been ordered in accordance with the provisions of 1° of article 131-9 is punished by three years’ imprisonment and a fine of € 45,000.

Where the dissolution was ordered for an offence committed repeatedly, or for the offence referred to under the previous paragraph, the penalty is increased to five years’ imprisonment and a fine of € 75,000.

SECTION IV. – ADDITIONAL PENALTIES AND LIABILITY OF LEGAL PERSONS

ARTICLE 434-44

Natural persons convicted of any of the offences provided for under articles 434-4 to 434-8, 434-11, 434-13 to 434-15, 434-17 to 434-23, 434-27, 434-29, 434-30, 434-32, 434-33, 434-35, 434-36 and 434-40 to 434-43 are also liable to forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26.

In the cases set out under articles 434-16 and 434-25, the public display or dissemination of the decision pronounced may also be ordered, pursuant to the conditions set out in article 131-35.

In the cases referred to under article 434-33 and in the second paragraph of article 434-35, prohibition to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed may also be ordered, pursuant to the conditions set out under article 131-27.

In all the cases set out under the present Chapter, the confiscation of the thing which was used or intended for the commission of the offence is also applicable, with the exception of articles subject to restitution.

ARTICLE 434-45

Natural persons convicted of the offence referred to under article 434-10 are also liable to incur the suspension of their licence to drive for a maximum period of five years. This suspension may be restricted to the driving of a vehicle outside professional activities.

ARTICLE 434-46

Any alien convicted of any of the offences referred to under the second paragraph of article 434-9, under article 434-30, under the last paragraph of article 434-32 or article 434-33 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10.

ARTICLE 434-47

Act no. 2001-504 of 12th June 2001 Article 18 Official Journal 13 June 2001

Legal persons may incur criminal liability for the offences referred to under articles 434-39 and 434-43, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° for a maximum period of five years, the penalties referred to under 2°, 3°, 4°, 5°, 6° and 7° of article 131-39;

    3° confiscation set out by article 131-21;

    4° the public display or dissemination of the decision, pursuant to the conditions set out under article 131-35.

    5° for the offences of the second and third paragraphs of article 434-43, the penalty of dissolution referred to under 1° of article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER V. – OFFENCES AGAINST THE PUBLIC ADMINISTRATION OF THE EUROPEAN COMMUNITIES, MEMBER STATES OF THE EUROPEAN UNION, OTHER FOREIGN STATES AND PUBLIC INTERNATIONAL ORGANISATIONS

SECTION I. – PASSIVE CORRUPTION

ARTICLE 435-1

Act no. 200-595 of 30th June 2000 Article 2 Official Journal 1 July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

For the implementation of the Convention on the Fight against Corruption involving Officials of the European Communities or Officials of Member States of the European Union signed at Brussels on the 26th May 1997, the unjustified request or acceptance at any time, directly or indirectly, by a community civil servant or national civil servant of another member State of the European Union or by a member of the Commission of the European Community, the European Parliament, the Court of Justice or the Court of Auditors of the European Community of any offer, promise, donation, gift or reward of any kind, to carry out or abstain from carrying out an act of his office, mission or mandate, or facilitated by his office, duty or mandate, is punished by ten years’ imprisonment and a fine of € 150,000.

SECTION II. – ACTIVE CORRUPTION

SUB-SECTION 1. – ACTIVE CORRUPTION OF CIVIL SERVANTS OF THE EUROPEAN COMMUNITY, CIVIL SERVANTS OF MEMBER STATES OF THE EUROPEAN UNION, MEMBERS OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITY

ARTICLE 435-2

For the implementation of the Convention on on the Fight against Corruption involving Officials of the European Communities or Officials of Member States of the European Union signed at Brussels on the 26th May 1997, the unlawful proffering, at any time, directly or indirectly, of any offer, promise, gift, present or advantage of any kind to a community civil servant or national civil servant of another member State of the European Union or to a member of the Commission of the European Community, the European Parliament, the Court of Justice or the Court of Auditors of the European Community to carry out or abstain from carrying out an act of his office, mission or mandate, or facilitated by his office, duty or mandate, is punished by ten years’ imprisonment and a fine of € 150,000.

The same penalties apply to yielding to any person specified in the previous paragraph who unlawfully solicits, at any time, directly or indirectly, any offer, promise, gift, present or advantage of any kind to carry out or abstain from carrying out an act specified in the previous paragraph.

SUB-SECTION 2. – OF ACTIVE CORRUPTION BY PERSONS ACTING UNDER THE AUTHORITY OF FOREIGN STATES OTHER THAN THE MEMBER STATES OF THE EUROPEAN UNION AND PUBLIC INTERNATIONAL ORGANISATIONS OTHER THAN THE INSTITUTIONS OF THE EUROPEAN COMMUNITY

ARTICLE 435-3

Act no. 200-595 of 30th June 2000 Article 2 Official Journal 1 July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

For the implementation of Convention on Combating Bribery of Foreign Public Officials in International Business Transactions signed in Paris the 17th December 1997, the unlawful proffering, at any time, directly or indirectly, of any offer, promise, gift, present or advantage of any kind to a person holding public office or discharging a public service mission, or an electoral mandate in a foreign State, or within a public international organisation, to carry out or abstain from carrying out an act of his function, duty or mandate or facilitated by his function, duty or mandate, with a view to obtaining or keeping a market or other improper advantage in international commerce is punished by ten years’ imprisonment and a fine of € 150,000.

The same penalties apply to yielding to any person specified in the previous paragraph who unlawfully solicits, at any time, directly or indirectly, any offer, promise, gift, present or advantage of any kind to carry out or abstain from carrying out an act specified in the previous paragraph.

Prosecution of the misdemeanours referred to under the present Article may only be initiated on the orders of the public prosecutor.

ARTICLE 435-4

Act no. 200-595 of 30th June 2000 Article 2 Official Journal 1 July 2000; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

For the implementation of Convention on Combating Bribery of Foreign Public Officials in International Business Transactions signed in Paris the 17th December 1997, the unlawful proffering, at any time, directly or indirectly, of any offer, promise, gift, present or advantage of any kind to obtain from any judge or prosecutor, juror or any other person holding judicial office, arbitrator or expert (whether nominated by the court or by the parties) or a person entrusted by judicial authority with a duty of conciliation or mediation, in a foreign State or within a public international organisation, to carry out an act or abstain from carrying out an act of his office, duty or mandate or facilitated by his office, duty or mandate, with a view to obtaining or keeping any market or other unjustified advantage in international commerce is punished by ten years’ imprisonment and a fine of € 150,000.

The same penalties apply to yielding to any person specified in the previous paragraph who unlawfully solicits, at any time, directly or indirectly, any offer, promise, gift, present or advantage of any kind to carry out or abstain from carrying out an act specified in the previous paragraph.

Prosecution of the misdemeanours referred to under the present article may only be initiated on the orders of the public prosecutor.

SECTION III. –ADDITIONAL PENALTIES AND LIABILITY OF LEGAL PERSONS

ARTICLE 435-5

Act no. 200-595 of 30th June 2000 Article 2 Official Journal 1 July 2000

Legal persons convicted of any of the offences set out under the present Chapter incur the following additional penalties;

    1° forfeiture of civic, civil and family rights in accordance with the conditions laid down under article 131-26;

    2° prohibition to hold, for a maximum period of five years, a public office or to undertake the professional or social activity in the course of which or on the occasion of the performance of which the offences was committed;

    3° public display or dissemination of the decision in accordance with the conditions set out under article 131-35;

    4° confiscation, in accordance with the conditions laid down under article 131-21, of the object which was used or intended to commit the offence or the object which is the product of it, except for articles liable to restitution.

Banishment from French territory, either permanent or for a period of up to ten years, may be imposed under conditions set out in article 131-30, may additionally be imposed on any foreigner who is guilty of one of the offences mentioned in the first paragraph.

ARTICLE 435-6

Act no. 200-595 of 30th June 2000 Article 2 Official Journal 1 July 2000

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for the offences set out under articles 435-2, 435-3 and 435-4.

The penalties incurred by legal persons are:

      • – prohibition to undertake directly or indirectly the professional or social activity in which or on the occasion of which the offence was committed;

        – placement under judicial supervision;

        – closure of the establishment or one of the establishments of the enterprise which was used to commit the offence;

        – disqualification from public tenders;

        – prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, or to use credit cards;

  • 1° a fine, in the manner prescribed to under article 131-38;

    2° for a maximum period of five years:

    3° confiscation, in accordance with the conditions laid down under article 131-21, of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, except for articles liable to restitution;

    4° The public display or dissemination of the decision, in accordance with the conditions set out under article 131-35.

TITLE IV. – UNDERMINING PUBLIC TRUST

CHAPTER I. – FORGERY

Article 441-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Forgery consists of any fraudulent alteration of the truth liable to cause harm and made by any means in a document or other medium of expression of which the object is, or  effect may be, to provide evidence of a right or of a situation carrying legal consequences.

Forgery and the use of forgeries is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 441-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Forgery committed in a document delivered by a public body for the purpose of establishing a right, an identity or a capacity, or to grant an authorisation is punished by five years’ imprisonment and a fine of € 75,000.

The use of a forgery specified in the previous paragraph is subject to the same penalties.

The penalty is increased to seven years’ imprisonment and to a fine of € 100,000 where the forgery or the use of the forgery is committed:

    1°  by a person holding public authority or discharging a public service mission acting in the exercise of his office;

    2° habitually;

    3° or with the intent to facilitate the commission of a felony or to gain impunity for the perpetrator.

ARTICLE 441-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The unlawful possession of any of the forged documents defined by article 441-2 is punished by two years’ imprisonment and a fine of € 30,000.

The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where more than one forged documents are unlawfully possessed.

ARTICLE 441-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Forgery in an authentic or public document or a record prescribed by a public authority is punished by ten years’ imprisonment and a fine of € 150,000.

The use of a forgery as described in the previous paragraph is subject to the same penalties.

The penalty is increased to fifteen years’ criminal imprisonment and to a fine of € 225,000 where the forgery or the use of forgery was committed by a person holding public authority or to discharge a public service mission whilst acting in the exercise of his office or mission.

ARTICLE 441-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Unlawfully procuring for another person a document delivered by a public body for the purpose of establishing a right, an identity or capacity, or the grant of an authorisation is punished by five years’ imprisonment and a fine of € 75,000.

The penalty is increased to seven years’ imprisonment and to a fine of € 100,000 where the offence is committed:

    1° by a person holding public authority or to discharge a public service mission whilst acting in the exercise of his office;

    2° habitually;

    3° or with the intent to facilitate the commission of a felony or to gain impunity for the perpetrator.

ARTICLE 441-6

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Unlawfully obtaining from a public administration or from an institution discharging a public service mission, by any fraudulent means, any document intended to establish a right, an identity or a capacity, or to grant an authorisation is punished by two years’ imprisonment and a fine of € 30,000.

The same penalties apply to the submission of a false statement so as to obtain from a public administration or from an institution discharging a public service mission an allowance, a cash payment or benefit that is not due.

ARTICLE 441-7

Except as otherwise provided in the present Chapter, a penalty of one year’s imprisonment and a fine of € 15,000 is incurred by:

    1° drafting an attestation or certificate stating materially inaccurate facts;

    2° forging an attestation or certificate which was originally genuine;

    3° using an inaccurate or forged written attestation or certificate;

The penalty is increased to three years’ imprisonment and a fine of € 45,000 where the offence was committed with a view to prejudice the Public Treasury or the estate of another person.

ARTICLE 441-8

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of two years’ imprisonment and a fine of € 30,000 is incurred by any person who, acting in the exercise of his profession, directly or indirectly makes offers, promises, gifts, donations or advantages of any kind to produce an attestation or a certificate stating facts that are materially inaccurate.

The same penalties apply to yielding to the solicitations described in the previous paragraph, or the use of acts of violence or threats, or the direct or indirect proposal of offers, promises, gifts, donations or advantages of any kind to obtain from a person acting in the exercise of his profession an attestation or certificate stating facts that are materially inaccurate.

The penalty is increased to five years’ imprisonment and to a fine of € 75,000 where the person described in the first two paragraphs is a medical or health practitioner and the written statement containing inaccurate facts conceals or untruthfully certifies the existence of a sickness, disability or a state of pregnancy, or provides wrongful indications as to the origin of a sickness or a disability or as to the cause of a death.

ARTICLE 441-9

Attempt to commit the misdemeanours referred to under articles 441-1, 441-2 and 441-4 to 441-8 is subject to the same penalties.

ARTICLE 441-10

Natural persons convicted of the felonies or misdemeanours referred to under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office or to undertake a social or professional activity pursuant to the conditions set out under article 131-27;

    3° disqualification from public tenders;

    4° confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it, except for articles subject to restitution.

ARTICLE 441-11

Any alien convicted of any of the offences referred to under the present Chapter may be banished from French territory either permanently or for a maximum period of ten years pursuant to the conditions set out under article 131-10.

ARTICLE 441-12

Legal persons may incur criminal liability for the offences referred to under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER II. – COUNTERFEITING

Article 442-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The counterfeiting or the forging of coins or bank notes which are legal tender in France or are released by authorised international or foreign institutions for that purpose is punished by thirty years’ criminal imprisonment and a fine of € 450,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offences referred to under the present article.

ARTICLE 442-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Transporting, putting into circulation or holding with a view to putting into circulation any forged or counterfeited money referred to under article 442-1 is punished by ten years’ imprisonment and a fine of € 150,000.

Where committed by an organised gang, the same offences are punished by thirty years’ criminal imprisonment and a fine of € 450,000.

The first two paragraphs of article 132-23 governing the safety period are applicable to the offence referred to under the second paragraph the present article.

ARTICLE 442-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The counterfeiting or forging of French or foreign coins or banknotes which are no longer legal tender or are no longer authorised is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 442-4

Putting into circulation any unauthorised money designed to replace coins or banknotes that are legal tender in France is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 442-5

The unauthorised use or possession of raw materials or equipment, computer programs or any other element specially designed for the manufacture of coins and banknotes is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 442-6

A penalty of one year’s imprisonment and a fine of € 15,000 applies to the manufacture, sale or circulation of any articles, printed documents or forms which resemble the instruments referred to in article 442-1 so as to facilitate their acceptance in lieu of the tender they resemble.

ARTICLE 442-7

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Any person who, having received forged or counterfeited money referred to under Article 442-1 believing them to be genuine, returns them to circulation after discovering their falsity is punished by a fine of € 7,500.

ARTICLE 442-8

Attempt to commit the misdemeanours referred to under the first paragraph of article 442-2 and under articles 442-3 to 442-7 is subject to the same penalties.

ARTICLE 442-9

Any person having attempted to commit one of the offences set out under the present Chapter is exempt from penalty if, having informed the judicial or administrative authorities, he has made it possible to prevent the offence and, where relevant, to identify the other offenders.

ARTICLE 442-10

The custodial sentence incurred by the perpetrator or accomplice to the offences set out under articles 442-1 to 442-4 is reduced by half where, having informed the judicial or administrative authorities, he has made it possible to prevent the offence and, where relevant, to identify the other offenders.

ARTICLE 442-11

Natural persons convicted of the felonies or misdemeanours set out under articles 442-1 to 442-6 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office or to undertake a social or professional activity in the manner prescribed under article 131-27;

    3° area banishment pursuant to the conditions under article 131-31.

ARTICLE 442-12

Act no. 93-1027 of 24 August 1993 Article 33 Official Journal 29 August 1993; Act no. 98-349 of 11th May 1998 Article 37 Official Journal 12 May 1998

Any alien convicted of any of the offences referred to under articles 442-1 to 442-4 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10. The provisions of the last seven paragraphs of article 131-30 do not apply.

ARTICLE 442-13

In all the cases set out under the present Chapter the court may also order confiscation of the thing which was used or intended for the commission of the offence or the thing which is the product of it, with the exception of articles which may be subject to restitution.

The confiscation of counterfeited or forged coins and bank notes, as well as of the raw materials and equipment designed for their manufacture, is mandatory.

According to whether the counterfeiting or the forgery concerned coins or bank notes, forged or counterfeit money is given to the Coins and Medal Administration or to the Bank of France, for the purpose of eventual destruction.  To them are also given, for the same purpose, any confiscated raw materials or equipment they select.

The confiscation of the articles, printed documents or forms referred to under article 442-6 is also mandatory. It entails the transfer of the thing confiscated, for the purpose of destruction, to the Coins and Medals Administration or to the Bank of France, in accordance with the distinction made in the previous paragraph.

ARTICLE 442-14

Legal persons may incur criminal liability for the offences referred to under the present Chapter, pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.;

    3° confiscation, pursuant to the conditions set out under article 442-13.

ARTICLE 442-15

Inserted by Act no. 2001-1168 of 11 December 2001 Article 17 Official Journal 12 December 2001

The provisions of articles 442-1, 442-2 and 442-5 to 442-14 as regards banknotes and coins intended to be put into circulation, although they have not yet been issued by the authorised institutions and are not yet legal tender.

CHAPTER III. – FORGERY OF SECURITIES ISSUED BY PUBLIC AUTHORITIES

Article 443-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The counterfeiting or the forgery of papers issued by the Public Treasury with its stamp or mark or of papers issued by foreign States with their stamp or mark, as well as the

use or transport of such forged or counterfeited papers, is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 443-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of five years’ imprisonment and a fine of € 75,000 is incurred by counterfeiting or forging stamps or other postal fiduciary securities, and also of stamps issued by the public finance administration, and the sale, the transport, circulation or use of such counterfeited or forged stamps or securities.

ARTICLE 443-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by manufacturing, selling, transporting or distributing any articles, printed documents or forms which resemble documents of title or other fiduciary securities issued by the State, local councils, public corporation, or the public operators referred to by Act n° 90-568 of 2nd July 1990 governing the organisation of the postal and telecommunications public service so as to facilitate the acceptance of such articles, printed documents or forms in lieu of the securities they resemble.

ARTICLE 434-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A penalty of six months’ imprisonment and a fine of € 7,500 is incurred by counterfeiting or forging foreign stamps or other postal securities issued by the postal service of a foreign country, and also the selling, transport, distribution or use of those counterfeited or forged stamps or securities.

ARTICLE 443-5

Attempt to commit the misdemeanours referred to under the present Chapter is subject to the same penalties.

ARTICLE 443-6

Natural persons convicted of the felonies or misdemeanours referred to under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° prohibition to hold public office or to exercise a social or professional activity, pursuant to the conditions set out under article 131-27;

    3° confiscation of the thing which was used or intended for the commission of the offence or of the thing which is the product of it, except for articles subject to restitution.

The confiscation of the corpus delicti is mandatory in every case. It entails handing over the thing seized to the public administration for the purpose of eventual destruction.

ARTICLE 443-7

Any alien convicted of any of the offences referred to under articles 443-1 and 443-2 may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.

ARTICLE 443-8

Legal persons may incur criminal liability for the offences set out under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine in the manner prescribed under article 131-38;

    2° the penalties referred to under article 131-39;

    3° confiscation, pursuant to the conditions set out under article 443-6.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

CHAPTER IV. – FORGERY OF THE GOVERNMENT’S OFFICIAL MARKS

Article 444-1

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The counterfeiting or forgery of the seal of the State, of national stamps, or of hallmarks used to mark gold, silver or platinum, and the use of such counterfeit or forged seals stamps or hallmarks is punished by ten years’ imprisonment and a fine of € 150,000.

ARTICLE 444-2

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The unlawful use of the seal of the State, or of national stamps or hallmarks used to mark gold, silver or platinum is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 444-3

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002; Act no. 99-574 of 9th July 1999 Article 101 Official Journal 10 July 1999

A penalty of five years’ imprisonment and a fine of € 75,000 is incurred by:

    1° counterfeiting or forging seals stamps or marks of a public body, or the use of such counterfeit or forged seals stamps or marks;

    2° counterfeiting or forging headed papers or official forms used in the assemblies instituted by the Constitution, by public bodies or courts, as well as the sale or circulation, and also the use of such counterfeit or forged papers or forms;

    3° counterfeiting or forging identification marks or marks certifying the intervention of inspectorate or sanitary supervision services of France or of a foreign country.

ARTICLE 444-4

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The unlawful use of seals, marks, stamps papers or forms referred to under article 444-3 is punished by three years’ imprisonment and a fine of € 45,000.

ARTICLE 444-5

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The manufacture, sale, distribution or use of printed documents which so closely resemble papers carrying a heading or with official forms used in the assemblies instituted by the Constitution, public bodies or courts of law as to be liable to cause a mistake in the mind of the public is punished by one year’s imprisonment and a fine of € 15,000.

ARTICLE 444-6

Attempt to commit the misdemeanours referred to under the present Chapter is subject to the same penalties.

ARTICLE 444-7

Natural persons convicted of the felonies or misdemeanours referred to under the present Chapter also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26

    2° prohibition to hold public office or to undertake a social or professional activity pursuant to the conditions set out under article 131-27;

    3° disqualification from public tenders;

    4° confiscation of the thing which was used or intended for the commission of the offence or of the thing which is the product of it, except for articles which may be subject to restitution.

The confiscation of the corpus delicti is mandatory in every case. It entails handing over the thing seized to the public administration for the purpose of a possible destruction.

ARTICLE 444-8

Any alien convicted of any of the offences referred to under the present Chapter may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions laid down under article 131-10.

ARTICLE 444-9

Legal persons may incur criminal liability for the offences referred to under the present Chapter pursuant to the conditions set out under article 121-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39;

    3° confiscation, pursuant to the conditions set out under article 444-7.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

TITLE V. – PARTICIPATION IN A CRIMINAL ASSOCIATION

ARTICLE 450-1

Act no. 2001-420 of 15th May 2001 Article 45 Official Journal 16 May 2001; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

A criminal association consists of any group formed or any conspiracy established with a view to the preparation, marked by one or more material actions, of one or more felonies, or of one or more misdemeanours punished by at least five years’ imprisonment.

Where the offences contemplated are felonies or misdemeanours punished by ten years’ imprisonment, the participation in a criminal association is punished by ten years’ imprisonment and a fine of € 150,000.

Where the offences contemplated are misdemeanours punished by at least five years’ imprisonment, the participation in a criminal association is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 450-2

Any person who has participated in the group or the conspiracy defined by article 450-1 is exempted from punishment if, before any prosecution is instituted, he discloses the existence of the group or conspiracy to the competent authorities and enables the other participants to be identified.

ARTICLE 450-2-1

Act no. 2001-420 of 15th May 2001 Article 45 Official Journal 16 May 2001; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The inability by a person to justify an income corresponding to his way of life, while being habitually in contact with persons engaged in activities set out under article 450-1, is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 450-3

Natural persons convicted of the offence referred to under articles 450-1 also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26

    2° prohibition to hold public office or to undertake a social or professional activity in the course of which or on the occasion of the performance of which the offence was committed pursuant to the conditions set out under article 131-27;

    3° area banishment pursuant to the conditions under article 131-31.

The other additional penalties incurred for the felonies or misdemeanours that the group or conspiracy was designed to commit may likewise be pronounced against such persons.

ARTICLE 450-4

Act no. 98-468 of 17th June 1998 Article 22 Official Journal 18 June 1998

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for the offence provided for under article 450-1.

The penalties incurred by legal persons are:

    1° a fine, in the manner prescribed to under Article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activities in the course of which or on the occasion of the performance of which the offence was committed.

BOOK FIVE. – OTHER FELONIES AND MISDEMEANOURS

TITLE ONE. – OFFENCES AGAINST PUBLIC HEALTH

CHAPTER I. – OFFENCES AGAINST BIOMEDICAL ETHICS

Act no. 94-653 of 29th July 1994, Article 4

SECTION I. – PROTECTION OF THE HUMAN SPECIES

ARTICLE 511-1

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994

The implementing of any eugenic practice aimed at organising the selection of persons is punished by twenty years’ criminal imprisonment.

SECTION II. – OF THE PROTECTION OF THE HUMAN BODY

ARTICLE 511-2

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Procuring from another person any of his organs in return for a payment, in whatever form, is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to acting as an intermediary to facilitate the obtaining of an organ for payment, or the supply for payment of an organ belonging to another person’s body.

The same penalty is applicable where the organ procured in the conditions referred to under the first paragraph comes from a foreign country.

ARTICLE 511-3

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The removal of an organ from a living adult without obtaining the person’s consent  pursuant to the conditions set out by article L. 671-3 of the Public Health Code is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to the removal of an organ from a living minor donor, or a living adult donor who is the subject of a protective guardianship order, without complying with the conditions referred to under articles L. 671-4 and L. 671-5 of the Public Health Code.

ARTICLE 511-4

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Procuring from another person human organic tissues, cells or body products in return for payment in whatever form is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to acting of as an intermediary to facilitate the procuring of human organic tissues, cells or human products in return for any form of payment, or supplying human organic tissues, cells or products of the body of others for payment.

ARTICLE 511-5

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The removal of human organic tissues or cells, or the collection of a bodily product, from a living adult who has not expressed his consent is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to the removal of human tissue or cells or the collection of a product from a living minor or from a living adult who is the subject of a protective guardianship order without complying with the conditions referred to under article L. 672-5 of the Public Health Code.

ARTICLE 511-6

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994, Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The collection or removal of gametes from a living person without his written consent is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 511-7

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The removal or transplant of organs, the removal or grafting of human organic tissues, the preservation or transformation of human organic tissues or the grafting of cells in an institution which has not obtained the authorisation provided for under articles L. 671-12, L. 671-16 L. 672-7 L. 672-10 and L. 672-13 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-8

Act no. 98-535 of 1st July 1998 Article 19 Official Journal 2 July 1998; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The distribution or transfer, with a view to donation, of organs, human organic tissues, cells or human products without complying with the sanitary security rules imposed by the provisions of Article L. 665-15 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-8-1

Act no. 98-535 of 1st July 1998 Article 19 Official Journal 2 July 1998; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The implementation, for therapeutic ends, of procedures for the preparation, conservation or transformation of tissues and cells which are not intended for cellular or genic therapy in breach of the provisions of Article L. 672-15 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-8-2

Act no. 98-535 of 1st July 1998 Article 19 Official Journal 2 July 1998

The act of proceeding with the importation or exportation of organs, tissues and cells which are not intended for cellular or genic therapies in contravention of the provisions taken for the implementation of Article 18 of the Act no. 92-1477 of 31st December 1992 pertaining to products subjected to certain restrictions of circulation and to the complementarity between police, Gendarmerie and customs services is punishable by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-9

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obtaining gametes for payment in whatever form, other than payment for services rendered by institutions carrying out the preparation and the conservation of such gametes, is punished by five years’ imprisonment and a fine of € 75,000.

The same penalties apply to acting as an intermediary to facilitate the procuring of gametes for payment in whatever form, or the supplying to third parties, for payment, of gametes provided by donation.

ARTICLE 511-10

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The disclosure of  information making it possible to identify both the person or couple who have donated gametes, and the couple that have received them, is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-11

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The collecting or removal of gametes from a living person with a view to carrying out a medically assisted procreation without testing for transmissible diseases as required by article L. 665-15 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-12

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Carrying out artificial insemination using fresh sperm or a mixture of sperm supplied contrary to article L. 673-3 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-13

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Conditioning the benefit of a donation of gametes to the choice by the receiving couple of a person who has voluntarily accepted to make such a donation in favour of a third-party couple in breach of article L. 673-7 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-14

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Collecting, handling, preserving or transferring gametes supplied by way of donation without having obtained the necessary authorisation required by article L. 673-5 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

SECTION III. – OF THE PROTECTION OF THE HUMAN EMBRYO

ARTICLE 511-15

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Procuring human embryos in return for any form of payment is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to acting of as an intermediary to facilitate the procuring of human embryos in return for any form of payment, and the supply, for consideration, of human embryos to third parties.

ARTICLE 511-16

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Obtaining human embryos without complying with the conditions set out under articles L. 152-4 and L. 152-5 of the Public Health Code is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 511-17

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The in vitro conception of human embryos for industrial or commercial purposes is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to the use of human embryos for industrial or commercial purposes.

ARTICLE 511-18

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The in vitro conception of human embryos for the purposes of research or experimentation is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 511-19

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The study of or experimentation on embryos in violation of the provisions of article L. 152-8 of the Public Health Code is punished by seven years’ imprisonment and a fine of € 100,000.

ARTICLE 511-20

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The making of an ante-natal diagnosis without having received the authorisation referred to under Article L. 162-16 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-21

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Failure to observe the provisions of article L. 162-17 of the Public Health Code concerning pre-implantation diagnosis is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-22

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Carrying out medically assisted procreations without having obtained the authorisation set out under article L. 184-1 of the Public Health Code is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-23

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The disclosure of personal information enabling the identification of both the couple who have renounced an embryo and the couple who have received it is punished by two years’ imprisonment and a fine of € 30,000.

ARTICLE 511-24

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

Carrying out medically assisted procreations for other purposes than those set out under article L. 152-2 of the Public Health Code is punished by five years’ imprisonment and a fine of € 75,000.

ARTICLE 511-25

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994; Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002

The transfer of an embryo in accordance with the conditions laid down under article L. 152-5 of the Public Health Code without having ascertained the results of the tests for infectious diseases required by the article referred to above is punished by two years’ imprisonment and a fine of € 30,000.

SECTION IV. – OF OTHER PROVISIONS AND ADDITIONAL PENALTIES APPLICABLE TO NATURAL PERSONS AND LIABILITY OF LEGAL PERSONS

ARTICLE 511-26

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994

Attempt to commit the misdemeanours referred to under articles 511-2, 511-3, 511-4, 511-5, 511-6, 511-9 and 511-15 is subject to the same penalties.

ARTICLE 511-27

Act no. 94-653 of 29 July 1994 Article 9 Official Journal 30 July 1994

Natural persons convicted of the offences referred to under the present Chapter also incur the additional penalty of prohibition, for a maximum period of ten years, to undertake the social or professional activity in the course of which or on the occasion of which the offence was committed.

ARTICLE 511-28

Legal persons may incur criminal liability for the offences referred to under the present Chapter in accordance with the conditions laid down under article 12 1-2.

The penalties incurred by legal persons are:

    1° a fine, pursuant to the conditions set out under article 131-38;

    2° the penalties referred to under article 131-39.

The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.

TITLE II. – OTHER PROVISIONS

SINGLE CHAPTER. – SERIOUS MALTREATMENT OR ACTS OF CRUELTY TOWARDS ANIMALS

Article 521-1

Act no. 99-5 of 6th January 1999

The unnecessary infliction, in public or otherwise, of serious maltreatment towards or the commission of an act of cruelty on any domestic or tame animal, or any animal held in captivity, is punished by six months’ imprisonment and a fine of € 30,000.

As an additional penalty, the court may impose a prohibition, permanent or otherwise, against keeping an animal.

The provisions of the present article are not applicable to bullfights where an uninterrupted local tradition can be shown. Nor do they apply to cockfights in localities where an uninterrupted tradition can be established.

The penalties set out in the first paragraph apply to the creation of any new centre for holding cockfights.

The same penalties also apply to the abandonment of a domestic or tamed animal, or of an animal held in captivity, with the exception of animals used for repopulation purposes.

ARTICLE 521-2

Carrying out experiments or experimental scientific research on animals without complying with the provisions laid down by Decree of the Conseil d’Etat is punished by the penalties set out under article 511-1.

BOOK VI. – PETTY OFFENCES

None

BOOK VII. – PROVISIONS APPLICABLE IN THE OVERSEAS TERRITORIES AND THE TERRITORY OF MAYOTTE

CHAPTER I. – COMMON PROVISIONS

Article 711-1

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

Apart from the adaptations referred to under the present Title, Book one except for article 132-70-1, and Books II to V of the present Code are applicable in the territories of New Caledonia, French Polynesia and the islands of Wallis and Futuna.

*Article 222 IV of the Act No. 99-209 of 19th March 1999 pertaining to New Caledonia which lays down:

„IV – In relation to all the legislative and regulatory provisions in force:

    1° reference to the territory of New Caledonia is replaced by a reference to New Caledonia;

    2° reference to the territorial assembly of New Caledonia is replaced by a reference to the Congress of New Caledonia;

    3° reference to the executive body of New Caledonia is replaced by a reference to the government of New Caledonia“*

ARTICLE 711-2

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

Books I to V of the present Code are applicable to the Southern Territories and the French Antarctic.

ARTICLE 711-3

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001 ; Ordinance no. 2000-916 of 19 September 2000 into force 1 January 2002

In New Caledonia, in the territories of French Polynesia and in Wallis and Futuna, financial penalties incurred under the present code are pronounced in the local currency, taking into account the exchange rate of that currency in relation to the Euro.

For the enforcement of the present Code in the territories as referred to under article 711-1, the terms listed below are replaced as follows:“

„department“ by „territory“

„prefect“ and „sub-prefect“ by the „representative of the State in the territory“

Similarly, „references to provisions not applicable in these territories“ are replaced by „references to provisions to similar effect applicable locally“.

CHAPTER II. – ADAPTATION OF BOOK I

ARTICLE 712-1

Act no. 96-1240 of 30 December 96 Article 2 Official Journal 1 January 1997 ; Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

The last paragraph of article 131-35 is drafted as follows:

„The dissemination of the decision is by the Official Journal of the Republic, by the Official Journal of the Territory, by one or more other press publications, or by one or more means of broadcasting. The publications or broadcasting media entrusted with this circulation are nominated by the court. They may not refuse to carry them“.

Act no. 96-1240 of 30 December 96 Article 2 Official Journal 1 January 1997 ; Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

7° of article 132-45 is drafted as follows:

„7° To abstain from driving certain land vehicles in relation to which a permit is necessary.“

CHAPTER III. – ADAPTATION OF BOOK II

ARTICLE 713-1

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

The first paragraph of article 223-8 is drafted as follows:

„Practising or causing biomedical research to be practised on a person without having obtained the free, informed and explicit consent of the person concerned, or that of the holders of parental authority or of the tutor is punished by three years’ imprisonment and a fine of € 45,000.“

ARTICLE 713-3

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

2° and 3° of article 225-3 is drafted as follows:

„2° discrimination based on state or health or handicap, if it consists of a refusal to hire or dismiss based on a medically established incapacity, according to to the provisions on health at work or the civil service applicable locally;

3 recruitment discrimination based on gender when the fact of being male or female constitutes, according to provisions locally applicable as regards labour law or the law of the civil service, the determining factor in the exercise of an employment or professional activity.“

ARTICLE 713-4

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-25 is drafted as follows:

„The study of the genetic characteristics of a person for medical purposes without having obtained his prior consent in writing is punished by one year’s imprisonment and a fine of € 15,000.

The provisions of the previous paragraph do not apply:

    1° where the study is carried out in the context of judicial proceedings;

    2° or where, under exceptional circumstances, in the person’s interest and in respect for his confidence, the consent of the latter has not been obtained“.

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-27 is drafted as follows:

„Researching the identification of a person through his genetic imprints for medical purposes without obtaining his prior consent in writing is punished by one year’s imprisonment and a fine of € 15,000.

The provisions of the previous paragraph do not apply:

    1° where the study is carried out in the context of judicial proceedings;

    2° or where, under exceptional circumstances, in the person’s interest and in respect for his confidence, the consent of the latter has not been obtained“.

ARTICLE 713-6

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-28 is drafted as follows:

„Researching the identification of a person through his genetic imprints for purposes neither medical nor scientific, or other than in an inquiry or investigation made in the course of judicial proceedings, is punished by one year’s imprisonment and a fine of € 15,000.

The same penalty applies to the disclosure of information concerning the identification of a person through his genetic imprints or proceeding to the identification of a person through his genetic imprints without holding the authorisation provided under conditions laid down by by Decree in the Conseil d’Etat“.

CHAPTER IV. – ADAPTATION OF BOOK III

Article 714-1

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Sub-section 3° of article 322-2 is drafted as follows:

„A building or a or registered movable article classified or registered or protected under the rules applicable locally, an archaeological discovery made in the course of excavations or fortuitously, land containing archaeological remains, or an article preserved or deposited in a museum, library or archive belonging to a public body, or to a body discharging a public service mission or recognised as of public interest“.

CHAPTER V – ADAPTATION OF BOOK IV

ARTICLE 715-1

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Sub-section 3° of Aaticle 421-1 is drafted as follows:

„The production or possession of machines, dangerous or explosive devices, set out under article 3 of the Act of 19th June 1871 which repealed the Decree of 4th September 1870 on the production of military grade weapons;

    – the production, sale, import or export of explosive substances in contravention of the rules applicable locally;

    – the purchase, detention, transport or unlawful carrying of explosive substances or of devices made with such explosive substances in contravention of the rules applicable in the locality;

    – the detention, carrying, and transport of weapons and ammunition in breach of the rules applicable locally;

    – the offences referred to under articles 1 and 4 of the Act no. 72-467 of 9th June 1972 forbidding the designing, production, possession, stocking, purchase or sale of biological or toxin-based weapons.“

ARTICLE 715-2

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

The second paragraph of article 432-9 is drafted as follows:

„The same penalties apply to the person referred to under the previous paragraph, or an employee of an enterprise managing a telecommunications system established pursuant to the rules in matters of postal and telecommunication services applicable locally, or an employee of a supplier of telecommunications services, who, acting in the performance of his office, orders, commits or facilitates, except where provided by the law, any interception or  misappropriation of correspondence sent, transmitted or received by a means of telecommunication, or the use or disclosure of its contents.“

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

The last paragraph of Article 432-12 is drafted as follows:

„For the application of the three previous paragraphs, the municipality is represented in accordance with the conditions laid down under article L. 122-12 of the Municipalities Code and the mayor, deputy or the municipal counsellor concerned must abstain from participating in the deliberation of the municipal council regarding the completion or approval of the contract. Furthermore, notwithstanding the second paragraph of article L. 1.21-15 of the Municipalities Code as made applicable locally, the municipal council may not decide to meet in camera.“

ARTICLE 715-4

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

The fourth paragraph of Article 432-13 is drafted as follows:

„These provisions are applicable to the employees of public corporations, nationalised enterprises, mixed economy companies in which the State or public bodies hold directly or indirectly more than 50 per cent of the capital, and the employees of the public operators running the postal and telecommunications public service.“

ARTICLE 715-5

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

ARTICLE 443-3 is drafted as follows:

„A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by manufacturing, selling, transporting or distributing any articles, printed documents or forms which resemble documents of title or other fiduciary securities issued by the State, local councils, public corporation, or of the public operators running the postal and telecommunications public service, so as to facilitate the acceptance of such articles, printed documents or forms in lieu of the securities they resemble.“

CHAPTER VI. – ADAPTATION OF BOOK V

ARTICLE 716-1

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-3 is drafted as follows:

„The removal of an organ from a living adult person without obtaining the person’s consent or without having informed him of the risks and consequences of the act is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to the removal of an organ from a living adult donor placed under a judicial protective order. Nevertheless, the removal of bone marrow from a minor in favour or his brother or sister may be authorised by a medical committee instituted in conformity with the rules applicable locally subject to the consent of each of those vested with parental authority or the legal representative of the minor.

The consents provided for under the preceding paragraphs are given before the president of the Tribunal of First Instance or the judge or prosecutor appointed by him. They may be revoked informally at any time.

In the event of emergency, the consent may be received by the Procureur de la République by any means.

The medical committee ensures that the minor was informed of the intended removal in order to enable him to express his wishes, if capable of doing so. The refusal of the minor is a bar to the removal operation.“

ARTICLE 716-2

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

The second paragraph of article 511-5 is drafted as follows:

„The same penalties apply to the removal of human tissues or cells and to the collection of a product from a living adult donor who is the subject of a protective guardianship order.“

ARTICLE 716-3

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

ARTICLE 511-7 is drafted as follows:

„The removal or transplant of organs, the removal or grafting of human organic tissues, the preservation or transformation of human organic tissues or the grafting of cells other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-4

Act no. 96-1240 of 30th December 1996 Article 3 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-8 is drafted as follows:

„The distribution or transfer, with a view to donation, of organs, human organic tissues, cells or human products without complying with the sanitary security rules applicable locally is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-5

Act no. 96-1240 of 30th December 1996 Article 3 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-11 is drafted as follows:

„The collecting or removal of gametes from a living person with a view to carrying out a medically assisted procreation without testing for transmissible diseases as required by regulations locally applicable is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-6

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-12 is drafted as follows:

„Proceeding to artificial insemination using fresh sperm or a mixture of sperm provided by donation is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-7

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-13 is drafted as follows:

„Conditioning the benefit of a donation of gametes to the choice by the receiving couple of a person who has voluntarily accepted to make such a donation in favour of a third-party couple is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-8

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-14 is drafted as follows:

„Collecting, handling, preserving or transferring gametes supplied by way of donation without having obtained the necessary authorisation is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-9

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-16 is drafted as follows:

„Obtaining human embryos without prior authorisation by judicial authority is punished by seven years’ imprisonment and a fine of € 10,000. A judicial authority may grant such leave in exceptional circumstances on examination of the written consent of the couple that conceived or, where one of the spouses has died, of the surviving spouse and after having verified that the act does not fall under the provisions of article 511-24 and that the receiving couple can guarantee the satisfactory reception of the child that will be born.“

ARTICLE 716-10

Act no. 96-1240 of 30th December 1996 Article 5 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-19 is drafted as follows:

„The study of or experimentation on embryos is punished by seven years’ imprisonment and a fine of € 100,000.

The previous paragraph does not apply to a study made, in exceptional circumstances, for medical purposes provided it does not harm the embryo and concerns an embryo from a couple who have consented in writing following the favourable advice of the commission instituted in accordance with the conditions laid down by the rules locally applicable.“

ARTICLE 716-11

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-20 is drafted as follows:

„The making of an ante-natal diagnosis other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-12

Act no. 96-1240 of 30th December 1996 Article 5 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-21 is drafted as follows:

„The making of a pre-implantation diagnosis without the certificate of a doctor practising in an institution referred to under article 511-20 that there is a serious likelihood of the couple giving birth to a child affected by a particularly serious genetic illness recognised as incurable at the time of the diagnosis is punished by two years’ imprisonment and a fine of € 30,000.

Proceeding to a pre-implantation diagnosis:

    1° without having received the written consent of both parties;

    2° or for purposes other than those of diagnosing, preventing or treating illness;

    3° or other than in an institution authorised to that effect;

is subject to the same penalties.

ARTICLE 716-13

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-22 is drafted as follows:

„Carrying out medically assisted procreations other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-14

Act no. 96-1240 of 30th December 1996 Article 5 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-24 is drafted as follows:

„Five years’ imprisonment and a fine of 75,000 is incurred by carrying out medical assistance for procreation where this not in response to the request of a couple and the benefiting couple does not consist of a living man and woman, of an age to produce children, married or able to show that they have lived together for more than two years and having given their prior consent to the transfer of embryos or the artificial insemination.

The same penalty applies to carrying out medical assistance for procreation for any other purpose than as a remedy for infertility the pathological nature of which has been diagnosed medically, or to prevent the transmission to a child of a particularly serious disease.“

ARTICLE 716-15

Act no. 96-1240 of 30th December 1996 Article 5 Official Journal of 1st January 1997

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

Ordinance no. 2000-916 of 19th September 2000, Article 3 Official Journal of 22nd September 2000 coming into force on 1st January 2002

ARTICLE 511-25 is drafted as follows:

„The transfer of an embryo without having ascertained the results of the tests for infectious diseases as required by provisions in force locally is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 716-16

Act no. 2001-616 of 11th July 2001, Article 75 Official Journal 13th July 2001

ARTICLE 521-2 is drafted as follows:

„Carrying out experiments or experimental or scientific research on animals without complying with the provisions in force locally is punished by the penalties set out under article 511-1.“

CHAPTER VII. – COMMUN PROVISIONS

ARTICLE 717-1

Act no. 2001-616 OF 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

A director or employee who requests or accepts, directly or indirectly, unknown to his employer or without his authorisation, any offer, promise, donation, gift, discount or reward for performing or abstaining from performing an act pertaining to his function is punished by two years’ imprisonment and a fine of € 30,000.

The same penalty is incurred by anyone who accedes to the requests referred to in the preceding paragraph, or who initiates them.

In the cases covered by the present article, the court may also impose, as an additional sentence, the prohibition of civic, civil and family rights provided under article 131-26 for period of up to five years.

ARTICLE 717-2

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

Publishing, by any means, false or calumnious information, putting on the market offers intended to upset the market price, or to upset price levels, or offers above the price required by sellers, or the use any other fraudulent means to cause or attempt to cause an artificial rise or fall in the price of goods or services or public or private assets, is punished by two years’ imprisonment and a fine of € 30,000.

Where the rise or fall of the prices involves foodstuffs, the penalty is increased to three years’ imprisonment and a fine of € 45,000.

Natural persons convicted of the offences provided by the present article also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° the public display or dissemination of the decision in accordance with the conditions set out under article 131-35.

ARTICLE 717-3

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for offences set out under the previous paragraph.

The penalties incurred by legal persons are:

    1° A fine, in the manner prescribed to under article 131-38;

    2° the penalties referred to under 2°, 3°, 4° 5°, 6° and 9° of article 131-39.

The prohibition specified under 2° of article 131-39 relates to the activities in the course of which or on the occasion of the performance of which the offence was committed.

TITLE II. – PROVISIONS APPLICABLE IN THE TERRITORIAL COLLECTIVITY OF MAYOTTE

CHAPTER I. COMMON PROVISIONS

Article 721-1

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

Apart from the adaptations referred to under the present Title, Book I except for article 132-7-1, and Books II to V of the present Code are applicable to Mayotte.

ARTICLE 721-2

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

For the application of the present Code in Mayotte, the following terms are replaced as follows:

„Tribunal de grande instance“ by „Tribunal de première instance“;

„Cour d’assises“ by „Cour criminelle“

„department“ by „territory“

„prefect“ and „sub-prefect“ by the „representative of the Government“

Similarly, references to provisions not applicable in the collectivity are replaced by references to provisions to similar effect applicable locally.

CHAPTER II. ADAPTATION OF BOOK I

Article 722-1

Act no. 96-1240 of 30 December 96 Article 2 Official Journal 1 January 1997 ; Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

7° of article 132-45 is drafted as follows:

„7° to abstain from driving certain land vehicles in relation to which a permit is necessary.“

CHAPTER III. ADAPTATION OF BOOK II

Article 723-1

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

The first paragraph of article 223-8 is drafted as follows:

„Practising or causing biomedical research to be practised on a person without having obtained the free, informed and explicit consent of the person concerned, or that of the holders of parental authority or of the tutor is punished by three years’ imprisonment and a fine of € 45,000.“

ARTICLE 723-2

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

I. 1° of article 223-11 is drafted as follows:

„1° after the expiry of the tenth week of pregnancy, except where it is practised for a therapeutic motive;“

II. 3° of article 223-11 is drafted as follows:

„3° within premises other than a public or a private hospital complying with the conditions applicable locally.“

ARTICLE 723-3

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001

2° and 3° of article 225-3 is drafted as follows:

„2° discrimination based on state or health or handicap, when if it consists of a refusal to hire or dismiss based on a medically established incapacity, according to the provisions on health at work or the civil service applicable locally;

3 recruitment discrimination based on gender when the fact of being male or female constitutes, according to provisions locally applicable as regards labour law or the law of the civil service, the determining factor in the exercise of an employment or professional activity in accordance with the provisions of the Labour Code or of the laws defining the statutory framework of the public service.“

ARTICLE 723-4

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-25 is drafted as follows:

„The study of the genetic characteristics of a person for medical purposes without having obtained his prior consent in writing is punished by one year’s imprisonment and a fine of € 15,000.

The provisions of the previous paragraph do not apply:

    1° where the study is carried out in the context of judicial proceedings;

    2° or where, under exceptional circumstances, in the person’s interest and in respect for his confidence, the consent of the latter has not been obtained“.

ARTICLE 723-5

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-27 is drafted as follows:

„Researching the identification of a person through his genetic imprints for medical purposes without obtaining his prior consent in writing is punished by one year’s imprisonment and a fine of € 15,000.

The provisions of the previous paragraph do not apply:

    1° where the study is carried out in the context of judicial proceedings;

    2° or where, under exceptional circumstances, in the person’s interest and in respect for his confidence, the consent of the latter has not been obtained“.

ARTICLE 723-6

Act no. 2001-616 of 11 July 2001 Article 75 Official Journal of 13 July 2001; Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal 22 September 2000 into force 1 January 2002

ARTICLE 226-28 is drafted as follows:

„Researching the identification of a person through his genetic imprints for purposes neither medical nor scientific, or other than in an inquiry or investigation made in the course of judicial proceedings, is punished by one year’s imprisonment and a fine of € 15,000.

The same penalty applies to the disclosure of information concerning the identification of a person through his genetic imprints or proceeding to the identification of a person through his genetic imprints without holding the authorisation provided under conditions laid down by by Decree in the Conseil d’Etat“.

CHAPTER IV. –  ADAPTATION OF BOOK III

Article 724-1

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Sub-section 3° of article 322-2 is drafted as follows:

„A building or registered movable article classified, registered or protected under the rules applicable locally, an archaeological discovery made in the course of excavations or fortuitously, land containing archaeological remains, or an article preserved or deposited in a museum, library or archive belonging to a public body, or to a body discharging a public service mission or recognised as of public interest“.

CHAPTER V. – ADAPTATION OF BOOK IV

Article 725-1

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Sub-section 3° of article 421-1 is drafted as follows:

„The production or possession of machines, dangerous or explosive devices, set out under article 3 of the Act of 19th June 1871 which repealed the Decree of 4th September 1870 on the production of military grade weapons;

    – the production, sale, import or export of explosive substances in contravention of the rules applicable locally;

    – the purchase, detention, transport or unlawful carrying of explosive substances or of devices made with such explosive substances in contravention of the rules applicable in the locality;

    – the detention, carrying, and transport of weapons and ammunition in breach of the rules applicable locally;

    – the offences referred to under articles 1 and 4 of the Act no. 72-467 of 9th June 1972 forbidding the designing, production, possession, stocking, purchase or sale of biological or toxin-based weapons.“

ARTICLE 725-2

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

The second paragraph of article 432-9 is drafted as follows:

„The same penalties apply to the person referred to under the previous paragraph, or an employee of an enterprise managing a telecommunications system established pursuant to the rules in matters of postal and telecommunication services applicable locally, or an employee of a supplier of telecommunications services, who, acting in the performance of his office, orders, commits or facilitates, except where provided by the law, any interception or  misappropriation of correspondence sent, transmitted or received by a means of telecommunication, or the use or disclosure of its contents.“

ARTICLE 725-3

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

The last paragraph of article 432-12 is drafted as follows:

„For the application of the three previous paragraphs, the municipality is represented in accordance with the conditions laid down under article L. 122-12 of the Municipalities Code and the mayor, deputy or the municipal counsellor concerned must abstain from participating in the deliberation of the municipal council regarding the completion or approval of the contract. Furthermore, notwithstanding the second paragraph of article L. 1.21-15 of the Municipalities Code as made applicable locally, the municipal council may not decide to meet in camera.“

ARTICLE 725-4

Act no. 2001-616 of 11TH July 2001 Article 75 Official Journal of 13th July 2001

The fourth paragraph of article 432-13 is drafted as follows:

„These provisions are applicable to the employees of public corporations, nationalised enterprises, mixed economy companies in which the State or public bodies holding directly or indirectly more than 50 per cent of the capital, and the employees of the public operators running the postal and telecommunications public service.“

ARTICLE 725-5

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

The provisions of articles 433-20 and 433-21 are not applicable to persons whose civil status is a common law one.

ARTICLE 725-6

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 443-3 is drafted as follows:

„A penalty of one year’s imprisonment and a fine of € 15,000 is incurred by manufacturing, selling, transporting or distributing any articles, printed documents or forms which resemble documents of title or other fiduciary securities issued by the State, local councils, public corporation, or of the public operators running the postal and telecommunications public service, so as to facilitate the acceptance of such articles, printed documents or forms in lieu of the securities they resemble.“

CHAPTER VI. – ADAPTATION OF BOOK V

Article 726-1

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-3 is drafted as follows:

„The removal of an organ from a living adult person without obtaining the person’s consent or without having informed him of the risks and consequences of the act is punished by seven years’ imprisonment and a fine of € 100,000.

The same penalties apply to the removal of an organ from a living adult donor placed under a judicial protective order. Nevertheless, the removal of bone marrow from a minor in favour or his brother or sister may be authorised by a medical committee instituted in conformity with the rules applicable locally subject to the consent of each of those vested with parental authority or the legal representative of the minor.

The consents referred to in the paragraphs above are given before the president of the Tribunal of First Instance or the judge or prosecutor appointed by him. They may be revoked informally at any time.

In the event of emergency, the consent may be received by the Procureur de la République by any means.

The medical committee ensures that the minor was informed of the intended removal in order to enable him to express his wishes, if capable of doing so. The refusal of the minor is a bar to the removal operation.“

ARTICLE 726-2

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

The second paragraph of article 511-5 is drafted as follows:

„The same penalties apply to the removal of human tissues or cells and to collecting a product from a living adult donor who is the subject of a protective guardianship order.“

ARTICLE 726-3

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-7 is drafted as follows:

„The removal or transplant of organs, the removal or grafting of human organic tissues, the preservation or transformation of human organic tissues or the grafting of cells other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-4

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-8 is drafted as follows:

„The distribution or transfer, with a view to donation, of organs, human organic tissues, cells or human products without complying with the sanitary security rules applicable locally is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-5

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-11 is drafted as follows:

„The collecting or removal of gametes from a living person with a view to carrying out a medically assisted procreation without testing for transmissible diseases required by regulations locally applicable is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-6

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-12 is drafted as follows:

„Proceeding to artificial insemination using fresh sperm or a mixture of sperm provided by donation is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-7

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-13 is drafted as follows:

„Conditioning the benefit of a donation of gametes to the choice by the receiving couple of a person who has voluntarily accepted to make such a donation in favour of a third-party couple is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-8

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-14 is drafted as follows:

„Collecting, handling, preserving or transferring gametes supplied by way of donation without having obtained the necessary authorisation is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-9

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-16 is drafted as follows:

„Obtaining human embryos without prior authorisation by judicial authority is punished by seven years’ imprisonment and a fine of € 10,000. A judicial authority may grant such leave in exceptional circumstances on examination of the written consent of the couple that conceived or, where one of the spouses has died, of the surviving spouse and after having verified that the act does not fall under the provisions of article 511-24 and that the receiving couple can guarantee the satisfactory reception of the child that will be born.

The act of obtaining a human embryo:

    – where the anonymity between the couple receiving the embryo and the one renouncing it has not been respected;

    – or where the couple receiving the embryo are not in a situation where medical assistance in procreation without recourse to a third party would not succeed;

is also punished by seven years’ imprisonment and a fine of € 100,000

ARTICLE 726-10

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-19 is drafted as follows:

„The study of or experimentation on embryos is punished by seven years’ imprisonment and a fine of € 100,000.

The previous paragraph does not apply to a study made, in exceptional circumstances, for medical purposes provided it does not harm the embryo and concerns an embryo from a couple who have consented in writing following the favourable advice of the commission instituted in accordance with the conditions laid down by the rules locally applicable.“

ARTICLE 726-11

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-20 is drafted as follows:

„The making of an ante-natal diagnosis other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-12

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-21 is drafted as follows:

„“The making of a pre-implantation diagnosis without the certificate of a doctor practising in an institution referred to under article 511-20 that there is a serious likelihood of the couple giving birth to a child affected by a particularly serious genetic illness recognised as incurable at the time of the diagnosis is punished by two years’ imprisonment and a fine of € 30,000.

Proceeding to a pre-implantation diagnosis:

    1° without having received the written consent of both parties;

    2° or for purposes other than those of diagnosing, preventing or treating illness;

    3° or other than in an institution authorised to that effect

is subject to the same penalties.

ARTICLE 726-13

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-22 is drafted as follows:

„Carrying out medically assisted procreations other than in an institution authorised to that effect is punished by two years’ imprisonment and a fine of € 30,000.“

ARTICLE 726-14

Act no. 96-1240 of 30th December 1996 Article 10 Official Journal 1st January 1997

Act no. 2001-616 of 11th July 2001 Article 75 Official Journal of 13th July 2001

Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 into force the 1st January 2002

ARTICLE 511-24 is drafted as follows:

„“Five years’ imprisonment and a fine of 75,000 is incurred by carrying out medical assistance for procreation where this not in response to the request of a couple and the benefiting couple does not consist of a living man and woman, of an age to produce children, married or able to show that they have lived together for more than two years and having given their prior consent to the transfer of embryos or the artificial insemination.

The same penalty applies to carrying out medical assistance for procreation for any other purpose than as a remedy for infertility the pathological nature of which has been diagnosed medically, or to prevent the transmission to a child of a particularly serious disease.“

ARTICLE 726-15

ARTICLE 511-25 is drafted as follows:

„The transfer of an embryo without having ascertained the results of the tests for infectious diseases as required by provisions in force locally is punished by two years’ imprisonment and a fine of € 30,000.“

CHAPTER VII. – COMMON PROVISIONS

Article 727-1

A director or employee who requests or accepts, directly or indirectly, unknown to his employer or without his authorisation, any offer, promise, donation, gift, discount or reward for performing or abstaining from performing an act pertaining to his function is punished by two years’ imprisonment and a fine of € 30,000.

The same penalty is incurred by anyone who accedes to the requests referred to in the preceding paragraph, or who initiates them.

In the cases covered by the present article, the court may also impose, as an additional sentence, the prohibition of civic, civil and family rights provided accedes to article 131-26 for period of up to five years.

ARTICLE 727-1

Publishing, by any means, false or calumnious information, putting on the market offers intended to upset the market price, or to upset price levels or offers above the price required by sellers, or the use any other fraudulent means to cause or attempt to cause an artificial rise or fall in the price of goods or services or public or private assets, is punished by two years’ imprisonment and a fine of € 30,000.

Where the rise or fall of the prices involves foodstuffs, the penalty is increased to three years’ imprisonment and a fine of € 45,000.

Natural persons convicted of the offences provided by the present article also incur the following additional penalties:

    1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;

    2° the public display or dissemination of the decision in accordance with the conditions set out under article 131-35.

ARTICLE 727-3

Legal persons may incur criminal liability pursuant to the conditions set out under article 121-2 for offences set out under the previous paragraph.

The penalties incurred by legal persons are:

    1° a fine, in the manner prescribed to under article 131-38;

    2° the penalties referred to under 2°, 3°, 4° 5°, 6° and 9° of article 131-39.

The prohibition specified under 2° of article 131-39 relates to the activities in the course of which or on the occasion of the performance of which the offence was committed.

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~ от penallaw на септември 11, 2009.

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