Infringements Of Individual Liberty
LexInter | January 31, 2002 | 0 Comments

Infringements Of Individual Liberty

PENAL CODE (Legislative Part)
Paragraph 1: Infringements of individual liberty
Article 432-4
 

Ordinance nº 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The fact, by a person holding public authority or entrusted with a public service mission, acting in the exercise or on the occasion of the exercise of his functions or his mission, of ordering or arbitrarily performing an act that violates individual liberty is punished by seven years’ imprisonment and a fine of 100,000 euros.
When the infringing act consists of detention or detention for a period of more than seven days, the penalty is increased to thirty years of criminal imprisonment and a fine of 450,000 euros.
Article 432-5
 

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The fact, by a person holding public authority or entrusted with a public service mission having become aware, in the exercise or on the occasion of the exercise of his functions or his mission, of a deprivation of unlawful liberty, to abstain voluntarily either from putting an end to it if it has the power to do so, or, otherwise, to provoke the intervention of a competent authority, is punished by three years of imprisonment and 45,000 euros fine.
The fact, by a person referred to in the preceding paragraph having become aware, in the exercise or on the occasion of the exercise of his functions or his mission, of a deprivation of liberty the illegality of which is alleged, to refrain voluntarily either from carrying out the necessary verifications if it has the power to do so, or, otherwise, to transmit the complaint to a competent authority, is punished by one year of imprisonment and a fine of 15,000 euros. when the deprivation of liberty, recognized as illegal, continued.
Article 432-6
 

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The fact, by an officer of the prison administration, of receiving or retaining a person without a warrant, judgment or order of imprisonment established in accordance with the law, or of unduly prolonging the duration of a detention, is punished by two years of imprisonment and 30,000 euros fine.

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