FLIGHT
LexInter | July 9, 2018 | 0 Comments

FLIGHT

Theft is a crime against property . Theft is a violent form of fraudulent appropriation of the property of others.

SIMPLE THEFT AND AGGRAVATED THEFT

Articles 311-1 to 311-1 of the Criminal Code

Theft is defined in article 311-1 of the Penal Code as ” the fraudulent removal of the property of another ”

SIMPLE FLIGHT

Theft is punishable by three years’ imprisonment and a fine of 45,000 euros.

AGGRAVED FLIGHT

Theft is punishable by five years’ imprisonment and a fine of 75,000 euros:
1 ° When it is committed by several people acting as perpetrators or accomplices, without constituting an organized gang;
2 ° When it is committed 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;
3 ° When it is committed by a person who unduly assumes the quality of a person holding public authority or entrusted with a public service mission;
4 ° When it is preceded, accompanied or followed by violence against others
5 ° When it is facilitated by the condition of a person whose particular vulnerability, due to his age, to an illness, to an infirmity, to a physical or mental deficiency or to a state of pregnancy, is apparent or known to his author ;
6 ° When it is committed in a dwelling or in a place used or intended for the storage of funds, values, goods or materials, by entering the premises by trickery, break-in or escalation;
7 ° When it is committed in a vehicle assigned to collective passenger transport or in a place intended for access to a means of collective passenger transport;
8 ° When it is preceded, accompanied or followed by an act of destruction,
9 ° When it is committed because of the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion, or because of his or her sexual orientation, true or supposed.
The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when the theft is committed in two of the circumstances provided for in this article. They are increased to ten years’ imprisonment and a fine of 150,000 euros when the theft is committed in three of these circumstances.

Theft with the assistance of minors

Theft is punished by seven years’ imprisonment and a fine of 100,000 euros when committed by an adult with the help of one or more minors, acting as perpetrators or accomplices.
The penalties are increased to ten years’ imprisonment and a fine of 150,000 euros when the adult is helped by one or more minors under the age of thirteen.

Theft is punishable by seven years’ imprisonment and a fine of 100,000 euros when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for a maximum of eight days.

Theft with violence against others resulting in total incapacity for work of more than eight days

Theft is punishable by ten years’ imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for more than eight days.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Theft with violence resulting in dismemberment or permanent disability

Theft is punishable by fifteen years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in mutilation or permanent disability.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Theft with the use or threat of a weapon or by a person carrying a weapon

Theft is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros when committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or the carrying of which is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Organized gang robbery

Organized gang theft is punished by fifteen years of criminal imprisonment and a fine of 150,000 euros.
He is punished by twenty years of criminal imprisonment and a fine of 150,000 euros when he is preceded, accompanied or followed by violence against others.
He is punished by thirty years of criminal imprisonment and a fine of 150,000 euros when he is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or whose carrying is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Anyone who has attempted to commit an organized robbery is exempt from penalty 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, the others. authors or accomplices.
The custodial sentence incurred by the perpetrator or the accomplice of an organized gang robbery is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense in progress or to avoid that the offense does not result in the death of a man or permanent disability and to identify, where appropriate, the other perpetrators or accomplices.

Theft is punished with life imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed either by violence resulting in death, or by torture or acts of barbarism.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Constitutes a theft followed by violence the theft following which violence was committed to promote the flight or ensure the impunity of an author or an accomplice.

THEFT NOT RESULTING IN CRIMINAL PROCEEDINGS

Under the terms of article 311-12    The theft committed by a person cannot give rise to criminal prosecution:    1 ° To the prejudice of his ascendant or descendant;    2 ° To the prejudice of his spouse, except when the spouses are legally separated or authorized to reside separately.    The provisions of this article are not applicable when the theft relates to objects or documents essential to the daily life of the victim, such as identity documents, relating to the residence permit or residence of a foreigner, or means of payment.

ATTEMPTED THEFT

( article 311-13)

Attempted theft is punished with the same penalties as theft

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