VIOLENCE
| PENAL CODE (Legislative Part) |
| Paragraph 2: Violence |
Article 222-7 |
Violence resulting in death without intention of giving it is punished by fifteen years of criminal imprisonment. |
Article 222-8 |
The offense defined in article 222-7 is punishable by twenty years of criminal imprisonment when it is committed:
1 ° On a minor of fifteen years;
2 ° On a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority , a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent exercising on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the status of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person habitually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, when the quality of the victim is apparent or known to the perpetrator;
5 ° On a witness, a victim or a civil party, either to prevent him from denouncing the facts, from filing a complaint or taking legal action, or by reason of his denunciation, his complaint or his testimony;
5 ° bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the sexual orientation of the victim;
6 ° By the spouse or partner of the victim or the partner linked to the victim by a civil solidarity pact;
7 ° By a person holding public authority or entrusted with a public service mission in the exercise or on the occasion of the exercise of his functions or his mission;
8 ° By several persons acting in the capacity of author or accomplice;
9 ° With premeditation or with ambush;
10 ° With use or threat of a weapon.
The penalty incurred is increased to thirty years of criminal imprisonment when the offense defined in article 222-7 is committed against a minor 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 relating to the safety period are applicable to the offenses provided for in this article.
Article 222-9
Violence resulting in mutilation or permanent disability is punishable by ten years’ imprisonment and a fine of 150,000 euros.
Article 222-10
The offense defined in article 222-9 is punishable by fifteen years of criminal imprisonment when it is committed:
1 ° On a minor of fifteen years;
2 ° On a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, when the quality of the victim is apparent or known to the author;
5 ° On a witness, a victim or a civil party, either to prevent him from denouncing the facts, from filing a complaint or taking legal action, or by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a person holding public authority or entrusted with a public service mission in the exercise or on the occasion of the exercise of his functions or his mission;
8 ° By several persons acting in the capacity of author or accomplice;
9º With premeditation;
10º With use or threat of a weapon.
The penalty incurred is increased to twenty years of criminal imprisonment when the offense defined in article 222-9 is committed against a minor 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 relating to the safety period are applicable to the offenses provided for in this article.
Article 222-11
Violence resulting in total incapacity for work for more than eight days is punishable by three years’ imprisonment and a fine of 45,000 euros.
Article 222-12
The offense defined in article 222-11 is punishable by five years’ imprisonment and a fine of 75,000 euros when it is committed:
1 ° On a minor of fifteen years;
2 ° On a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, when the quality of the victim is apparent or known to the author;
5 ° On a witness, a victim or a civil party, either to prevent him from denouncing the facts, from filing a complaint or taking legal action, or by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a person holding public authority or entrusted with a public service mission in the exercise or on the occasion of the exercise of his functions or his mission;
8 ° By several persons acting in the capacity of author or accomplice;
9º With premeditation;
10 ° With the use or threat of a weapon;
11 ° When the acts are committed inside a school or educational establishment, or, when pupils enter or leave, in the vicinity of such an establishment;
12 ° By an adult acting with the help or assistance of a minor;
13 ° In a means of collective passenger transport or in a place intended for access to a means of collective passenger transport.
The penalties incurred are increased to ten years’ imprisonment and a fine of 150,000 euros when the offense defined in article 222-11 is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor. The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when this offense is committed in two of the circumstances provided for in 1 ° and following of this article. The penalties are increased to ten years’ imprisonment and a fine of 150,000 euros when committed in three of these circumstances.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in the previous paragraph.
Article 222-13
Violence resulting in an incapacity for work of less than or equal to eight days or having resulted in no incapacity for work is punishable by three years’ imprisonment and a fine of 45,000 euros when it is committed:
1 ° On a minor of fifteen years ;
2 ° On a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator.
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, when the quality of the victim is apparent or known to the author;
5 ° On a witness, a victim or a civil party, either to prevent him from denouncing the facts, from filing a complaint or taking legal action, or by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a person holding public authority or entrusted with a public service mission in the exercise or on the occasion of the exercise of his functions or his mission;
8 ° By several persons acting in the capacity of author or accomplice;
9º With premeditation;
10 ° With the use or threat of a weapon;
11 ° When the acts are committed inside a school or educational establishment, or, when pupils enter or leave, in the vicinity of such an establishment;
12º By an adult acting with the help or assistance of a minor.
13 ° In a means of collective passenger transport or in a place intended for access to a means of collective passenger transport.
The penalties incurred are increased to five years’ imprisonment and a fine of 75,000 euros when the offense defined in the first paragraph is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over minor. The penalties are also increased to five years’ imprisonment and a fine of 75,000 euros when this offense, resulting in total incapacity for work less than or equal to eight days, is committed in two of the circumstances provided for in 1 ° and following of this article. The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when committed in three of these circumstances.
Article 222-14
The usual violence against a minor of fifteen years or on a person whose particular vulnerability, due to his age, to an illness, to an infirmity, to a physical or psychic deficiency or to a state of pregnancy, is apparent or known to them. perpetrator are punished:
1º of thirty years of criminal imprisonment when they entailed the death of the victim;
2 ° Twenty years of criminal imprisonment when they have resulted in mutilation or permanent disability;
3 ° Ten years’ imprisonment and a fine of 150,000 euros when they resulted in total incapacity for work for more than eight days;
4 ° Five years’ imprisonment and a fine of 75,000 euros when they do not
The first two paragraphs of article 132-23 relating to the safety period are applicable to the cases provided for in 1 ° and 2 ° of this article.
The administration of harmful substances having harmed the physical or mental integrity of others is punishable by the penalties mentioned in articles 222-7 to 222-14 according to the distinctions provided for in these articles.
The first two paragraphs of article 132-23 relating to the safety period are applicable to this offense in the same cases as those provided for by these articles.
Repeated malicious telephone calls or sound attacks with a view to disturbing the peace of others are punishable by one year of imprisonment and a fine of 15,000 euros.
Article 222-16-1
Legal persons may be declared criminally liable under the conditions provided for in article 121-2 for the offenses defined in this paragraph.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in article 131-39.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.
