extortion
LexInter | January 24, 2008 | 0 Comments

EXTORTION

Section 1: Extortion

Article 312-1

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

Extortion is the act of obtaining by violence, threat of violence or coercion either a signature, an undertaking or a waiver, or the revelation of a secret, or the delivery of funds, values ​​or any property.
Extortion is punishable by seven years’ imprisonment and a fine of 100,000 euros.

Article 312-2

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2004-204 of March 9, 2004 art. 40 II Official Journal of March 10, 2004)

Extortion is punishable by ten years’ imprisonment and a fine of 150,000 euros:
1 ° When it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for a maximum of eight days;
2 ° When it is committed to the prejudice 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 to the perpetrator. ;
3 ° When it is committed because of the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion, or to his or her sexual orientation, true or supposed.

Article 312-3

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

Extortion is punishable by fifteen years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for more than eight days.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Article 312-4

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

Extortion is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against others resulting in mutilation or permanent disability.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Article 312-5

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

Extortion is punishable by thirty years of criminal imprisonment and a fine of 150,000 euros when it is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or whose carrying is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Article 312-6

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

Extortion in an organized gang is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros.
It is punished by thirty years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence on others resulting in mutilation or permanent disability.
It is punished by life imprisonment when it is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or the carrying of which is prohibited.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 312-6-1

(inserted by Law n ° 2004-204 of March 9, 2004 art. 12 XIII Official Journal of March 10, 2004)

Anyone who has attempted to commit an organized gang extortion provided for in article 312-6 is exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and identify, if applicable, other perpetrators or accomplices.
The custodial sentence incurred by the perpetrator or the accomplice of an organized gang extortion is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the he offense does not result in the death of a man or permanent infirmity and to identify, where applicable, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment.

Article 312-7

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
   Extortion is punishable by life imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed either by violence resulting in death, or by torture or acts of barbarism.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.
 

Article 312-8

   For the purposes of Articles 312-2, 312-3, 312-4, 312-6 and 312-7, constitutes extortion followed by violence extortion following which violence was committed to promote flight or to ensure the impunity of an author or an accomplice.

Article 312-9

   The attempt of the offenses provided for in this section is punishable by the same penalties.
The provisions of article 311-12 are applicable to the offenses provided for in this section.

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