MURDER
LexInter | June 9, 2017 | 0 Comments

MURDER

PENAL CODE (Legislative Part)
Section 1: Intentional injury to life

Article 221-1

   Willfully killing another person constitutes murder . He is punished by thirty years of criminal imprisonment.

Article 221-2

   Murder that precedes, accompanies or follows another crime is punishable by life imprisonment.
Murder which has for object either to prepare or to facilitate a crime, or to favor the flight or to ensure the impunity of the author or the accomplice of a crime is punished by criminal imprisonment for life.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 221-3

Law n ° 94-89 of February 1, 1994 art. 6 Official Journal of February 2, 1994 in force on March 1, 1994)
Murder committed with premeditation constitutes murder. He is punished by life imprisonment.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article. However, when the victim is a fifteen-year-old minor and the murder is preceded or accompanied by rape, torture or barbaric acts, the assize court may, by special decision, either extend the period of security up to thirty years, or, if it pronounces life imprisonment, decide that none of the measures listed in article 132-23 may be granted to the convicted person; in the event of commutation of the sentence, and unless the pardon decree provides otherwise, the safety period is then equal to the duration of the sentence resulting from the pardon measure.

Article 221-4

(Law n ° 94-89 of February 1, 1994 art. 6 Official Journal of February 2, 1994 in force on March 1, 1994)

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

(Law n ° 99-505 of June 18, 1999 art. 14 Official Journal of June 19, 1999)   Murder is punishable by life imprisonment when it is committed:
1 ° On a minor of fifteen years;
2 ° On a legitimate or natural ascendant or on the adoptive father or mother;
3 ° On a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a member of the gendarmerie, an official of the national police, customs, the prison administration, an agent of a transport network operator public travelers or any other person holding public authority or entrusted with a public service mission, in the exercise or on the occasion of the exercise of his functions or his mission, when the quality of the victim is apparent or known to the author;
5 ° On a witness, a victim or a civil party, either to prevent him from denouncing the facts, from filing a complaint or taking legal action, or because of his denunciation,
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article. However, when the victim is a fifteen-year-old minor and the murder is preceded or accompanied by rape, torture or barbaric acts, the assize court may, by special decision, either extend the safety period up to thirty years of age, or, if it pronounces life imprisonment, decide that none of the measures listed in article 132-23 may be granted to the convicted person; in the event of commutation of the sentence, and unless the pardon decree provides otherwise, the safety period is then equal to the duration of the sentence resulting from the pardon measure.

Article 221-5

Attempting the life of another by the use or administration of substances likely to cause death constitutes poisoning.
Poisoning is punishable by thirty years of criminal imprisonment.
He is punished by life imprisonment when he is committed in one of the circumstances provided for in articles 221-2, 221-3 and 221-4.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Article 221-5-1

(inserted by Law n ° 2001-504 of June 12, 2001 art. 4 Official Journal of June 13, 2001)

Legal persons may be declared criminally responsible under the conditions provided for in article 121-2 for the offenses defined in this section.
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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