FALSE
LexInter | January 31, 2002 | 0 Comments

FALSE

PENAL CODE (Legislative Part)
CHAPTER I: Forgeries
Article 441-1
Any fraudulent alteration of the truth, likely to cause harm and accomplished by any means whatsoever, in a writing or any other medium of expression of thought which has as its object or which may have the effect of, constitutes a falsehood. establish proof of a right or a fact having legal consequences.
Forgery and the use of forgery are punishable by three years’ imprisonment and a fine of € 45,000.
Article 441-2
 The forgery committed in a document issued by a public administration for the purpose of establishing a right, an identity or a capacity or to grant an authorization is punished by five years of imprisonment and a 75,000 euros fine.
The use of the forgery mentioned in the preceding paragraph is punishable by the same penalties.
The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when forgery or the use of forgery is committed:
1 ° Either by a person holding public authority or entrusted with a public service mission acting in the exercise of its functions;
2 ° Either in the usual way;
3 ° Either for the purpose of facilitating the commission of a crime or of procuring impunity for its perpetrator.
Article 441-3
 The fraudulent possession of one of the false documents defined in article 441-2 is punishable by two years’ imprisonment and a fine
of 30,000 euros .    The penalty is increased to five years’ imprisonment and a fine of 75,000 euros in the event of fraudulent possession of several false documents.
Article 441-4
Forgery committed in a public or authentic writing or in a recording ordered by the public authority is punished by ten years’ imprisonment and a fine of 150,000 euros .
The use of the forgery mentioned in the preceding paragraph is punishable by the same penalties.
The penalties are increased to fifteen years of criminal imprisonment and a fine of € 225,000 when the forgery or the use of forgery is committed by a person holding public authority or entrusted with a public service mission acting in the ‘exercise of its functions or its mission.
Article 441-5
 Fraudulently procuring a document issued by a public administration for the purpose of establishing a right, identity or capacity or of granting an authorization to others is punishable by five years’ imprisonment and a fine of € 75,000.
The penalties are increased to seven years’ imprisonment and a fine of 225,000 euros when the offense is committed:
1 ° Either by a person holding public authority or entrusted with a public service mission acting in the exercise of its functions;
2 ° Either in the usual way;
3 ° Either for the purpose of facilitating the commission of a crime or of procuring impunity for its perpetrator.
Article 441-6
The fact of being unduly issued by a public administration or by a body entrusted with a public service mission, by any fraudulent means whatsoever, a document intended to establish a right, an identity or a capacity or to grant an authorization is punished by two years’ imprisonment and a fine of € 30,000.
The same penalties apply to providing a false statement with a view to obtaining from a public administration or a body responsible for a public service mission an allowance, payment or undue advantage.
Article 441-7
 Regardless of the cases provided for in this chapter, the following is punishable by one year of imprisonment and a fine of € 15,000:
1 ° To draw up an attestation or certificate stating materially inaccurate facts;
2 ° To falsify an attestation or certificate which is originally sincere;
3 ° To make use of an inaccurate or falsified attestation or certificate.
The penalties are increased to three years’ imprisonment and a fine of € 45,000 when the offense is committed with a view to damaging the public treasury or the patrimony of others.
Article 441-8
Is punished by two years’ imprisonment and a fine of 75,000 euros the fact, by a person acting in the exercise of his profession, to solicit or to approve, directly or indirectly, offers, promises, gifts, gifts or any advantages for establishing an attestation or certificate stating materially inaccurate facts.
The same penalties shall apply to the fact of giving in to the solicitations provided for in the preceding paragraph or of using assault or threats or proposing, directly or indirectly, offers, promises, gifts, gifts or advantages. to obtain from a person acting in the exercise of his profession to draw up an attestation or a certificate stating inaccurate facts.
The penalty is increased to five years’ imprisonment and 100,000 euros fine when the person referred to in the first two paragraphs exercises a medical or health profession and the certificate stating inaccurate facts conceals or falsely certifies the existence of an illness, infirmity or state of pregnancy, or provides false information on the origin of a disease or infirmity or on the cause of death.
Article 441-9
The attempt of the offenses provided for in articles 441-1, 441-2 and 441-4 to 441-8 is punishable by the same penalties.
Article 441-10
The natural persons guilty of the crimes and misdemeanors provided for in this chapter also incur the following penalties:
1 ° The prohibition of civic, civil and family rights according to the modalities provided for in article 131-26;
2 ° Prohibition from exercising a public function or an activity of a professional or social nature in accordance with the terms set out in article 131-27;
3 ° Exclusion from public contracts;
4 ° The confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product of it, with the exception of the objects susceptible of restitution.
Article 441-11
The ban from French territory may be pronounced under the conditions provided for by article 131-30, either definitively or for a period of ten years at most, against any foreigner guilty of one of the offenses. defined in this chapter.
Article 441-12
 Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this chapter.
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.

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