LexInter | March 12, 2002 | 0 Comments

APPLICATION IN SPACE

CHAPTER III:

On the application of criminal law in space

Article 113-1
For the application of this chapter, the territory of the Republic includes the maritime and air spaces linked to it.
Section 1: Offenses committed or deemed to have been committed on the territory of the Republic
Article 113-2
French criminal law is applicable to offenses committed on the territory of the Republic.
The offense is deemed to have been committed on the territory of the Republic as soon as one of its constitutive acts has taken place in this territory.
Article 113-3
French criminal law is applicable to offenses committed on board ships flying a French flag, or against such ships, wherever they are. It is the only law applicable to offenses committed on board French Navy ships, or against such ships, wherever they may be.
Article 113-4
French criminal law is applicable to offenses committed on board aircraft registered in France, or against such aircraft, wherever they are. It is only applicable to offenses committed on board French military aircraft, or against such aircraft, wherever they are.
Article 113-5
French criminal law is applicable to anyone who is guilty on the territory of the Republic, as an accomplice, of a crime or an offense committed abroad if the crime or the offense is punished at the same time by the French law and by foreign law and if it has been established by a final decision of the foreign jurisdiction.
Article 113-6

French criminal law is applicable to any crime committed by a French person outside the territory of the Republic.
It is applicable to crimes committed by French people outside the territory of the Republic if the acts are punished by the legislation of the country where they were committed.
This article is applied even if the accused has acquired French nationality after the fact imputed to him.

Article 113-7
French criminal law is applicable to any crime, as well as to any offense punishable by imprisonment, committed by a French person or by a foreigner outside the territory of the Republic when the victim is of French nationality at the time of the offense.
Article 113-8
In the cases provided for in articles 113-6 and 113-7, the prosecution of offenses can only be exercised at the request of the public prosecutor. It must be preceded by a complaint from the victim or his dependents or by an official denunciation by the authority of the country where the act was committed.Article 113-8-1

 

(inserted by Law n ° 2004-204 of March 9, 2004 art. 19 Official Journal of March 10, 2004)

Without prejudice to the application of articles 113-6 to 113-8, French criminal law is also applicable to any crime or offense punishable by at least five years of imprisonment committed outside the territory of the Republic by a foreigner. whose extradition was refused to the requesting State by the French authorities on the grounds that the fact for which extradition was requested is punishable by a penalty or a security measure contrary to order French public, either that the person claimed would have been tried in the said State by a court which does not ensure the fundamental guarantees of procedure and protection of the rights of the defense, or that the fact considered takes the character of a political offense.
The prosecution of the offenses mentioned in the first paragraph can only be exercised at the request of the public prosecutor. It must be preceded by an official denunciation, transmitted by the Minister of Justice, of the authority of the country where the act was committed and which had requested extradition.

Article 113-9
In the cases provided for in articles 113-6 and 113-7, no prosecution may be brought against a person who can prove that he has been judged definitively abroad for the same facts and, in the event of conviction, that the penalty has been suffered or prescribed.
Article 113-10
 

(Law n ° 2001-1168 of December 11, 2001 art. 17 Official Journal of December 12, 2001)   French criminal law applies to crimes and misdemeanors qualified as attacks on the fundamental interests of the nation and repressed by Title I of Book IV, falsification and counterfeiting of the State seal, coins, banknotes or public bills punishable by articles 442-1, 442-2, 442-5, 442-15, 443-1 and 444-1 and to any crime or offense against diplomatic agents or premises or French consular officers, appointed outside the territory of the Republic.

Article 113-11
 

(inserted by Law n ° 92-1336 of December 16, 1992 art. 340 Official Journal of December 23, 1992 in force on March 1, 1994)

Subject to the provisions of article 113-9, French criminal law is applicable to crimes and misdemeanors committed on board or against aircraft not registered in France:
1 ° When the perpetrator or the victim is of French nationality ;
2 ° When the aircraft lands in France after the crime or misdemeanor;
3 ° When the aircraft has been leased without crew to a person who has the principal place of business or, failing that, his permanent residence in the territory of the Republic.
In the case provided for in 1 °, the nationality of the perpetrator or the victim of the offense is assessed in accordance with articles 113-6, last paragraph, and 113-7.

Article 113-12
 

(inserted by Law n ° 96-151 of February 26, 1996 art. 9 Official Journal of February 27, 1996)

French criminal law is applicable to offenses committed beyond the territorial sea, provided that international conventions and the law so provide.

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