General provisions (Articles 121-1 to 121-7)
Causes of irresponsibility or mitigation of liability (Articles 122-1 to 122-8)
|CHAPTER I: General provisions
|No one is criminally liable except for his own doing.
|Law nº 2000-647 of July 10, 2000 art. 8 Official Journal of July 11, 2000)
(Law n ° 2004-204 of March 9, 2004 art. 54 Official Journal of March 10, 2004 in force on December 31, 2005)
Legal persons, excluding the State, are criminally liable, according to the distinctions in Articles 121-4 to 121-7, for offenses committed on their behalf, by their organs or representatives.
However, local authorities and their groups are only criminally liable for offenses committed in the exercise of activities likely to be the subject of public service delegation agreements.
The criminal liability of legal persons does not exclude that of natural persons who are authors or accomplices of the same acts, subject to the provisions of the fourth paragraph of article 121-3.
|CRIMINAL LIABILITY OF LEGAL PERSONS
||CRIMINAL LIABILITY OF LEGAL PERSONS
||CRIMINAL LIABILITY OF LEGAL PERSONS
v. CONTRAVENTIONAL PENALTIES LEGAL PERSONS CRIMINAL AND CORRECTIONAL PENALTIES
|(Law n ° 96-393 of May 13, 1996 art. 1 Official Journal of May 14, 1996) (Law n ° 2000-647 of July 10, 2000 art. 1 Official Journal of July 11, 2000)
There is no crime or misdemeanor without intention to commit it.
However, when the law provides for it, there is an offense in the event of deliberate endangerment of the person of another.
There is also an offense, when the law provides for it, in the event of fault of recklessness, negligence or breach of an obligation of prudence or safety provided for by law or regulation, if it is established that the perpetrator of the facts did not perform the normal diligence taking into account, where applicable, of the nature of its missions or its functions, its competences as well as the power and the means at its disposal.
In the case provided for by the preceding paragraph, the natural persons who have not directly caused the damage, but who have created or contributed to create the situation which allowed the occurrence of the damage or who have not taken the measures making it possible to avoid it, are criminally liable if it is established that they have either violated in a manifestly deliberate manner a particular obligation of prudence or safety provided for by law or regulation, or committed a serious fault and which exposed others at a risk of particular gravity that they could not ignore.
There is no fine in the event of force majeure.
article 4-1 of the Code of Criminal Procedure
Since the entry into force of the law of July 10, 2000 amending article 121-3 of the Penal Code, natural persons who have not directly caused the damage, but who have created or contributed to creating the situation which allowed the occurrence of the damage or who have not taken measures to prevent it are criminally liable if it is established that they have either manifestly deliberately violated a particular obligation of prudence or security provided for by law or the settlement, or committed a serious fault and which exposed others to a risk of a particular gravity that they could not ignore.
The new law, which contains provisions favorable to the accused prosecuted for pollution of watercourses, applies to acts committed before its entry into force and not definitively judged.
The judgment must therefore be set aside which, in order to declare a company general manager guilty of accidental pollution from a factory operated by this company, did not examine the facts with regard to article 121-3 of the Code criminal law resulting from the law of July 10, 2000.
CRIM. – May 15, 2001. CASSATION
No. 00-86.347. – CA Rennes, September 21, 2000. – M. Perais
CRIMES OF RECLUDENCEArticle 121-4The perpetrator of the offense is the person who:
1 ° Commits the incriminated acts;
2 ° Attempt to commit a crime or, in the cases provided for by law, an offense.Article 121-5The attempt is made when, manifested by the commencement of execution, it has only been suspended or failed in effect because of circumstances beyond the control of its author.
|The accomplice of the offense will be punished as the perpetrator, within the meaning of article 121-7.
|A person who knowingly, by aid or assistance, has facilitated its preparation or consumption is an accomplice to a crime or an offense.
An accomplice is also the person who by gift, promise, threat, order, abuse of authority or power has provoked an offense or given instructions to commit it.