LexInter | April 25, 2002 | 0 Comments

ACTS OF TERRORISM

Article 421-1
 (Law n ° 96-647 of July 22, 1996 art. 1 Official Journal of July 23, 1996) (Law n ° 98-467 of June 17, 1998 art. 84 Official Journal of June 18, 1998) (Law n ° 2001-1062 of November 15, 2001 art. 33 Official Journal of November 16, 2001)

The following offenses constitute acts of terrorism, when they are intentionally in connection with an individual or collective enterprise aimed at seriously disturbing public order by intimidation or terror:
1 ° Intentional attacks on life, deliberate attacks on the integrity of the person, kidnapping and sequestration as well as the hijacking of aircraft, ships or any other means of transport, defined by book II of this code;
2 ° Thefts, extortion, destruction, degradation and deterioration, as well as computer offenses defined by book III of this code;
3 ° The offenses relating to combat groups and dissolved movements defined by articles 431-13 to 431-17 and the offenses defined by articles 434-6 and 441-2 to 441-5;
4 ° The manufacture or possession of machines, murderous devices or explosives, defined in article 3 of the law of June 19, 1871 which repeals the decree of September 4, 1870 on the manufacture of weapons of war;
– the production, sale, import or export of explosive substances, defined in article 6 of law n ° 70-575 of July 3, 1970 reforming the regime of powders and explosive substances;
– the acquisition, possession, transport or illegitimate carrying of explosive substances or devices manufactured using said substances, defined in article 38 of the decree-law of April 18, 1939 establishing the regime of war material , arms and ammunition;
– the possession, carrying and transport of arms and ammunition of the first and fourth categories, defined in articles 24, 28, 31 and 32 of the aforementioned decree-law;
– the offenses defined in Articles 1 and 4 of Law No.72-467 of June 9, 1972 prohibiting the development, manufacture, possession, storage, acquisition and transfer of biological weapons or weapons based on toxins.
– the offenses provided for by articles 58 to 63 of law n ° 98-467 of June 17, 1998 relating to the application of the Convention of January 13, 1993 on the prohibition of the development, manufacture, storage and the use of chemical weapons and their destruction;
5 ° The concealment of the proceeds of one of the offenses provided for in 1 ° to 4 ° above;
6 ° The money laundering offenses provided for in Chapter IV of Title II of Book III of this Code;
7 ° Insider trading provided for in Article L. 465-1 of the Monetary and Financial Code.

Article 421-2
(Law n ° 96-647 of July 22, 1996 art. 2 Official Journal of July 23, 1996)

It also constitutes an act of terrorism, when it is intentionally related to an individual or collective enterprise with the aim of seriously disturbing public order by intimidation or terror, the fact of introducing into the atmosphere, on the soil, in the subsoil or in waters, including those of the territorial sea, a substance likely to endanger the health of man or animals or the natural environment.

Article 421-2-1
(inserted by Law n ° 96-647 of July 22, 1996 art. 3 Official Journal of July 23, 1996)

The fact of participating in a group formed or in an agreement established for the preparation, characterized by one or more material facts, of one of the acts of terrorism mentioned in the preceding articles also constitutes an act of terrorism.

Article 421-2-2
(inserted by Law n ° 2001-1062 of November 15, 2001 art. 33 Official Journal of November 16, 2001)

It is also an act of terrorism to finance a terrorist enterprise by providing, raising or managing any funds, securities or property or by giving advice for this purpose, with the intention of seeing such funds, securities or goods used or knowing that they are intended to be used, in whole or in part, with a view to committing any of the acts of terrorism provided for in this chapter, regardless of the possible occurrence of such an act.

Article 421-3
(Law n ° 96-647 of July 22, 1996 art. 4 Official Journal of July 23, 1996)

The maximum custodial sentence incurred for the offenses mentioned in article 421-1 is raised as follows when these offenses constitute acts of terrorism:
1 ° It is increased to life imprisonment when the offense is punished by thirty years of criminal imprisonment;
2 ° It is increased to thirty years of criminal imprisonment when the offense is punished by twenty years of criminal imprisonment;
3 ° It is increased to twenty years of criminal imprisonment when the offense is punished by fifteen years of criminal imprisonment;
4 ° It is increased to fifteen years of criminal imprisonment when the offense is punished by ten years of
5 ° It is increased to ten years ‘imprisonment when the offense is punished by seven years’ imprisonment;
6 ° It is increased to seven years ‘imprisonment when the offense is punished by five years’ imprisonment;
7 ° It is doubled when the offense is punished by imprisonment of three years at most.
The first two paragraphs of article 132-23 relating to the safety period are applicable to crimes, as well as to offenses punishable by ten years’ imprisonment, provided for by this article.

Article 421-4
The act of terrorism defined in article 421-2 is punishable by fifteen years of criminal imprisonment and a fine of 225,000 euros.
When this act resulted in the death of one or more people, it is punishable by life imprisonment and a fine of 750,000 euros.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the crime provided for in this article.
Article 421-5
(Law n ° 96-647 of July 22, 1996 art. 5 Official Journal of July 23, 1996) (Law n ° 2001-1062 of November 15, 2001 art. 33 Official Journal of November 16, 2001)

Acts of terrorism defined in articles 421-2-1 and 421-2-2 are punishable by ten years’ imprisonment and a fine of 225,000 euros.
Attempting the offense defined in article 421-2-2 is punishable by the same penalties.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 422-1

Anyone who has attempted to commit an act of terrorism 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, the other culprits. .

Article 422-5

   Legal persons may be declared criminally responsible, under the conditions provided for by article 121-2, for acts of terrorism defined in this title.
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.
Article 422-6

(inserted by Law n ° 2001-1062 of November 15, 2001 art. 33 Official Journal of November 16, 2001)
Natural or legal persons convicted of acts of terrorism also incur the additional penalty of confiscation of all or part of their property of whatever nature, movable or immovable, divided or undivided.
Article 422-7

(inserted by Law n ° 2001-1062 of November 15, 2001 art. 33 Official Journal of November 16, 2001)
The proceeds of financial or property sanctions pronounced against persons convicted of acts of terrorism are allocated to the guarantee fund for victims of acts of terrorism and other offenses.
Article 434-2

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
When the crime referred to in the first paragraph of article 434-1 constitutes an attack on the fundamental interests of the nation provided for in Title I of this book or an act of terrorism provided for in Title II of this book, the penalty is increased to five years’ imprisonment and a fine of 75,000 euros.
Article 434-6

(Law nº 96-647 of July 22, 1996 art. 7 Official Journal of July 23, 1996)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
Providing the person who is the author or accomplice of a crime or an act of terrorism punishable by at least ten years’ imprisonment with accommodation, a place of retirement, subsidies, means of subsistence or any other means of avoiding search or arrest is punishable by three years’ imprisonment and a fine of 45,000 euros. The penalties are increased to five years imprisonment and a fine of 75,000 euros when the offense is committed in the usual way.    The
foregoing provisions are excepted:
1 ° The parents in direct line and their spouses, as well as the brothers and sisters and their spouses, of the author or accomplice of the crime or the act of terrorism;
2 ° The spouse of the perpetrator or accomplice of the crime or act of terrorism, or the person who is known to live in a marital situation with him.

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