REMOVAL AND SEQUESTRATION
LexInter | June 10, 2003 | 0 Comments

REMOVAL AND SEQUESTRATION

PENAL CODE
(Legislative Part)

Section 1: Kidnapping and forcible confinement
Article 224-1

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
 The fact, without an order from the constituted authorities and outside the cases provided for by law, to arrest, kidnap, detain or kidnap a person is punishable by twenty years of criminal imprisonment.
The first two paragraphs of article 132-23 relating to the safety period are applicable to this offense.
However, if the detained or kidnapped person is released voluntarily before the seventh day since the day of his apprehension, the penalty is five years’ imprisonment and a fine of 75,000 euros, except in the cases provided for by article 224- 2.

Article 224-2

   The offense provided for in article 224-1 is punishable by thirty years of criminal imprisonment when the victim has suffered mutilation or a permanent disability caused voluntarily or resulting either from the conditions of detention, or from a deprivation of maintenance or care.
It is punished by life imprisonment when it is preceded or accompanied by torture or acts of barbarism or when it is followed by the death of the victim.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 224-3

   The offense provided for in article 224-1 is punishable by thirty years of criminal imprisonment when it is committed against several people.

The first two paragraphs of article 132-23 relating to the safety period are applicable to this offense.

However, if the detained or kidnapped person or all the detained or kidnapped persons are released voluntarily within the period provided for by the third paragraph of article 224-1, the penalty is ten years’ imprisonment, unless the victim or the ‘one of the victims suffered one of the attacks on her physical integrity mentioned in article 224-2.

Article 224-4

   If the person arrested, kidnapped, detained or kidnapped has been held hostage either to prepare or facilitate the commission of a crime or an offense, or to promote flight or ensure the impunity of the perpetrator or accomplice a crime or an offense, or to obtain the execution of an order or a condition, in particular the payment of a ransom, the offense provided for by article 224-1 is punished by thirty years of criminal imprisonment.
The first two paragraphs of article 132-23 relating to the safety period are applicable to this offense.
Except in the cases provided for in article 224-2, the penalty is ten years’ imprisonment if the person taken hostage under the conditions defined in the first paragraph is released voluntarily before the seventh day since that of his apprehension, without that the order or condition has been fulfilled.

Article 224-5

   When the victim of one of the crimes provided for in articles 224-1 to 224-4 is a minor of fifteen years, the penalty is increased to life imprisonment if the offense is punished by thirty years of criminal imprisonment and to thirty years of criminal imprisonment if the offense is punished by twenty years of criminal imprisonment.
The first two paragraphs of article 132-23 relating to the safety period are applicable in the cases provided for by this article.

Article 224-5-1

 Anyone who has attempted to commit the crimes provided for in this section is exempt from punishment if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and to identify, if necessary, other authors or accomplices.The custodial sentence incurred by the perpetrator or the accomplice of one of the crimes provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment.

Article 224-5-2

 When the offenses provided for by the first paragraph of article 224-1 and by articles 224-2 to 224-5 are committed in an organized gang, the penalties are increased to 1,000,000 Euros fine and to:1 ° Thirty years of criminal imprisonment if the offense is punished by twenty

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