ASSOCIATION OF WRONGS
LexInter | January 31, 2002 | 0 Comments

TITLE V ASSOCIATION OF WRONGS

Article 450-1
(Law n ° 2001-420 of May 15, 2001 art. 45 Official Journal of May 16, 2001)

Constitutes a criminal association any group formed or agreement established for the preparation, characterized by one or more material facts, one or more crimes or one or more offenses punishable by at least five years of imprisonment.
When the prepared offenses are felonies or misdemeanors punished by ten years ‘imprisonment, participation in a criminal association is punishable by ten years’ imprisonment and a fine of 1,000,000 F.
When the prepared offenses are offenses punishable by at least five years ‘imprisonment, participation in a criminal association is punishable by five years’ imprisonment and a fine of 500,000 F.

Article 450-2
Any person having participated in the grouping or the cartel defined by article 450-1 is exempt from penalty if he has, before any prosecution, revealed the group or the agreement to the competent authorities and allowed the identification of the other participants.
Article 450-2-1
(inserted by Law n ° 2001-420 of May 15, 2001 art. 46 Official Journal of May 16, 2001)

The fact of not being able to justify resources corresponding to his lifestyle, while being in habitual relations with one or more persons engaged in the activities referred to in article 450-1, is punished by five years of imprisonment and 500,000 F fine.

Article 450-3
Individuals guilty of the offense provided for in article 450-1 also incur the following additional penalties:
1 ° The prohibition of civic, civil and family rights, in accordance with the procedures provided for in article 131-26;
2 ° Prohibition, in accordance with the procedures provided for in article 131-27, from exercising a public function or from exercising professional or social activity in the exercise or on the occasion of the exercise of which the offense has been committed;
3 ° Prohibition of stay, in accordance with the terms set out in article 131-31.
Other additional penalties incurred for the crimes and misdemeanors that the group or the agreement aimed to prepare may also be pronounced against these persons.
Article 450-4
(inserted by Law n ° 98-468 of June 17, 1998 art. 22 Official Journal of June 18, 1998)

Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offense provided for in article 450-1.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms provided for 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.

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