Law about House Damage
LexInter | September 10, 2019 | 0 Comments

DESTRUCTION OF PROPERTY

PENAL CODE (Legislative Part)
Section 1: Destruction, degradation and deterioration not presenting a danger to people
Article 322-1
The destruction, degradation or deterioration of property belonging to others is punishable by two years’ imprisonment and a fine of 30,000 euros, unless this resulted in only slight damage.
Tracing inscriptions, signs or drawings, without prior authorization, on facades, vehicles, public roads or street furniture is punished with a fine of 3,750 euros when it only results in damage. lightweight.
Article 322-2
 

(Law n ° 95-877 of August 3, 1995, art. 26 Official Journal of August 4, 1995)

The offense defined in the first paragraph of article 322-1 is punishable by three years’ imprisonment and a fine of 45,000 euros and that defined in the second paragraph of the same article of a 50,000 F fine, when the property is destroyed. , degraded or deteriorated is:
1 ° Intended for public utility or decoration and belongs to a public person or charged with a public service mission;
2 ° A register, a minute or an original act of public authority;
3 ° A building or a movable object classified or registered, an archaeological discovery made during excavations or fortuitously, land containing archaeological remains or an object usually preserved or deposited in museums, libraries or archives belonging to a public person, in charge of a public service or one recognized as being of public utility;
4 ° An object presented during an exhibition of a historical, cultural or scientific nature, organized by a public person, in charge of a public service or recognized as being of public utility.
In the case provided for by point 3 of this article, the offense is also constituted if its author is the owner of the destroyed, damaged or damaged property.

Article 322-3
 

(Law n ° 96-647 of July 22, 1996 art. 13 Official Journal of July 23, 1996)

The offense defined in the first paragraph of article 322-1 is punishable by five years’ imprisonment and a 500,000 F fine and that defined in the second paragraph of the same article a 100,000 F fine:
1 ° When ‘it is committed by several people acting as perpetrator or accomplice;
2 ° When it is facilitated by the condition of a person whose particular vulnerability, due to his age, to an illness, to an infirmity, to a physical or mental deficiency or to a state of pregnancy, is apparent or known of its author;
3 ° When it is committed to the prejudice of a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority or entrusted with a public service mission, with a view to influencing his behavior in the exercise of his functions or his mission;
4 ° When it is committed to the prejudice of a witness, a victim or a civil party, either to prevent him from denouncing the fact, from filing a complaint or taking legal action, or because of his denunciation , of his complaint or of his testimony;
5 ° When it is committed in a dwelling place or in a place used or intended for the storage of funds, values, goods or materials, by entering the premises by trickery, break-in or escalation.

Article 322-4
The attempt of the offenses provided for in this section is punishable by the same penalties.
PENAL CODE (Legislative Part)
Section 2: Destruction, damage and damage dangerous to people
Article 322-5
 

(Law n ° 2000-647 of July 10, 2000 art. 7 Official Journal of July 11, 2000)

The destruction, degradation or involuntary deterioration of property belonging to others by the effect of an explosion or a fire caused by failure to comply with an obligation of safety or prudence imposed by law or regulation is punishable by ‘one year of imprisonment and 100,000 F fine.
In the event of a manifestly deliberate violation of a particular obligation of safety or prudence provided for by law or regulation, the penalties incurred are increased to two years’ imprisonment and a 200,000 F fine.

Article 322-6
The destruction, degradation or deterioration of property belonging to others by the effect of an explosive substance, a fire or any other means likely to create a danger for people is punished by ten years. imprisonment and a fine of 1,000,000 F.
Article 322-7
The offense defined in article 322-6 is punished by fifteen years of criminal imprisonment and a fine of 1,000,000 F when it has resulted in a total incapacity for work for others for a maximum of eight days.
Article 322-8
The offense defined in article 322-6 is punished by twenty years of criminal imprisonment and a fine of 1,000,000 F:
1 ° When committed in an organized gang;
2 ° When it has resulted in a total incapacity for work for others for more than eight days.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.
Article 322-9
The offense defined in article 322-6 is punishable by thirty years of criminal imprisonment and a fine of 1,000,000 F when it has resulted in mutilation or permanent disability for others.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.
Article 322-10
The offense defined in article 322-6 is punished with life imprisonment and a fine of 1,000,000 F when it has resulted in the death of others.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.
Article 322-11
The attempt of the offense provided for by article 322-6 is punishable by the same penalties.

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