OTHER DAMAGES TO THE INTERESTS OF THE NATION OR TO NATIONAL INTEGRITY
LexInter | June 9, 2003 | 0 Comments

OTHER DAMAGES TO THE INTERESTS OF THE NATION OR TO NATIONAL INTEGRITY

Section 1: Attack and conspiracy Article 412-1

(Law n ° 92-1336 of December 16, 1992 art. 364 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

The act of committing one or more acts of violence likely to endanger the institutions of the Republic or to undermine the integrity of the national territory constitutes an attack.
The attack is punishable by thirty years of criminal detention and a fine of 450,000 euros.
The penalties are increased to life imprisonment and a fine of 750,000 euros when the attack is committed by a person holding public authority.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for in this article.

Article 412-2

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   The resolution adopted between several people to commit an attack constitutes a conspiracy when this resolution is concretized by one or more material acts.
The plot is punished by ten years’ imprisonment and a fine of 150,000 euros.
The penalties are increased to twenty years of criminal detention and a fine of 300,000 euros when the offense is committed by a person holding public authority.

Section 2: Insurrectional movement Article 412-3

 

   Any collective violence likely to endanger the institutions of the Republic or to undermine the integrity of the national territory constitutes an insurrectionary movement.

Article 412-4

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   Participating in an insurrectional movement is punished by fifteen years of criminal detention and a 225,000 euros fine:
1 ° By building barricades, entrenchments or by carrying out any work intended to prevent or hinder the action of the public force;
2 ° By occupying by open force or by trickery or by destroying any building or installation;
3 ° By ensuring the transport, the subsistence or the communications of the insurgents;
4 ° By provoking gatherings of insurgents, by any means whatsoever;
5 ° By being, oneself, the bearer of a weapon;
6 ° By replacing a legal authority.

Article 412-5

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   Participating in an insurrectional movement is punished by twenty years of criminal detention and a fine of 300,000 euros:
1º By seizing weapons, ammunition, explosive or dangerous substances or materials of any kind either at the aid of violence or threats, either by looting or by disarming the public force;
2 ° By providing the insurgents with weapons, ammunition or explosive or dangerous substances.

Article 412-6

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   Leading or organizing an insurrectionary movement is punished with life imprisonment and a fine of 750,000 euros.

Section 3: Usurpation of command, raising of armed forces and provocation to arm illegally

Article 412-7

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
The following shall be punished by thirty years of criminal detention and a fine of 450,000 euros:
1 ° Without right or without authorization, taking any military command or detaining it against the order of the legal authorities;
2 ° To raise armed forces, without order or without authorization from the legal authorities.

Article 412-8

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)


The act of provoking arms against the authority of the State or against a part of the population is punished by five years’ imprisonment and a fine of 75,000 euros.
When the provocation is effective, the penalties are increased to thirty years of criminal detention and a fine of 450,000 euros.
When the provocation is committed through the written or audiovisual press, the specific provisions of the laws governing these matters are applicable with regard to the determination of the persons responsible.

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