LEGAL RECURRENCE
LexInter | October 25, 2002 | 0 Comments

LEGAL RECURRENCE

Article L213-5
(Law n ° 96-314 of April 12, 1996 art. 60 b Official Journal of April 13, 1996)

Anyone who has been sentenced to correctional sentences by application of Chapters II to VI of this title or of the texts listed below will be considered as being in a state of legal recidivism, within five years following the date on which this conviction will have become definitive, committed a new offense falling under the application of Chapters II to VII of this Title or of the texts listed below:
– Articles L. 141, L. 142 and L. 144, Chapters I and IV of Title I , Chapters II and III of Title II and Chapters I and VIII of Title III of Book V of the Public Health Code;
– Articles L. 231-6 and L. 231-7 of Chapter I of Title III and Article L. 263-2 of Chapter III of Title VI of Book II of the Labor Code;
– Chapter VII of this Title, Section 1 of Chapter V of Title I of Book I, Section 1 of Chapter I of Title II of Book I, Article L. 115-30 of this Code;
– law of August 14, 1889 on wines;
– Law of July 11, 1891 tending to repress fraud in the sale of wines;
– Law of July 24, 1894 relating to fraud committed in the sale of wines;
– Law of April 6, 1897 concerning the manufacture, circulation and sale of artificial wines;
– Law of August 4, 1903 regulating the trade in copper and anticryptogamic products;
– Law of July 11, 1906 relating to the protection of canned sardines, vegetables and plums against foreign fraud, the provisions of which were made applicable to all foreign canned fish entering France by the law of June 28, 1913;
– Law of August 4, 1929 regulating the sweetening of wines;
– law of January 1, 1930 on wines;
– Law of March 26, 1930 repressing false indications of origin of goods;
– Law of 30 December 1931 aimed at suppressing fraud in the trade in turpentine and products from coniferous plants;
– Law of June 29, 1934 tending to ensure the loyalty of the fruit and vegetable trade and to suppress the sale of corrupt fruit;
– Law of July 3, 1934, amended to regulate the manufacture of pasta;
– Law of 2 July 1935 tending to the organization and reorganization of the markets for milk and resinous products;
– Law of June 25, 1936 tending to the legal definition and protection of leather and to the repression of fraud in the sale of leather and leather products;
– Law of April 21, 1939 tending to repress fraud in the sale of tortoiseshell and ivory objects;

– Law of February 3, 1940 to regulate trade in products intended for animal feed;
– Law No. 525 of 2 November 1943, as amended, relating to the organization of the control of pest control products for agricultural use;
– Law n ° 60-808 of August 5, 1960 of agricultural orientation;
– Law No. 64-1360 of December 31, 1964, as amended, on trademarks, trade or service;
– Law n ° 71-383 of May 22, 1971 relating to the improvement of forest species;
– Law n ° 73-1097 of December 12, 1973 on appellations of origin in viticultural matters;
– Law n ° 79-595 of July 13, 1979 relating to the organization of the control of fertilizers and growing media;
– Law n ° 80-502 of 4 July 1980 on agricultural orientation (paragraphs III and IV of article 14).

Article L213-6
(inserted by Law n ° 2001-504 of June 12, 2001 art. 3 I Official Journal of June 13, 2001)

Legal persons can be declared criminally responsible under the conditions provided for by article 121-2 of the penal code for the offenses defined in articles L. 213-1 to L. 213-4.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38 of the penal code;
2 ° The penalties mentioned in 2 ° to 9 ° of article 131-39 of the penal code.
The prohibition mentioned in 2 ° of article 131-39 of the penal code. relates to the activity in the exercise or on the occasion of the exercise of which the

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