Drug Trafficking
LexInter | January 31, 2002 | 0 Comments

Drug Trafficking

Article 222-34
(Law n ° 92-1336 of December 16, 1992, arts. 354 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)

Directing or organizing a group whose object is the illicit production, manufacture, import, export, transport, possession, offer, transfer, acquisition or use of narcotics is punished by life imprisonment and a fine of 50,000,000 F.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

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Article 222-35
(Law n ° 92-1336 of December 16, 1992, arts. 354 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)

The illicit production or manufacture of narcotics is punished by twenty years of criminal imprisonment and a fine of 50,000,000 F.
These facts are punished by thirty years of criminal imprisonment and a fine of 50,000,000 F when they are committed in an organized gang.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 222-36
(Law n ° 92-1336 of December 16, 1992, arts. 354 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)

The illicit import or export of narcotics is punishable by ten years’ imprisonment and a fine of 50,000,000 F.
These facts are punished by thirty years of criminal imprisonment and a fine of 50,000,000 F when they are committed in an organized gang.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 222-37
(Law n ° 92-1336 of December 16, 1992, arts. 354 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)

The illicit transport, possession, offer, transfer, acquisition or use of narcotics is punishable by ten years’ imprisonment and a fine of 50,000,000 F.
The same penalties shall apply to the fact of facilitating, by any means whatsoever, the illicit use of narcotics, of obtaining narcotics by means of fictitious or complacency prescriptions, or of delivering narcotics on presentation of such prescriptions knowing their fictitious or complacent character.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

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Article 222-38
(Law nº 92-1336 of December 16, 1992 art. 355 and 373 Official Journal of December 23, 1992 in force on March 1, 1994)

(Law nº 96-392 of May 13, 1996 art. 2 Official Journal of May 14, 1996)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)Is punished by ten years of imprisonment and a fine of 750,000 euros the fact of facilitating, by any means, the false justification of the origin of the goods or the income of the author of one of the offenses mentioned in articles 222 -34 to 222-37 or to assist in an operation of placement, concealment or conversion of the proceeds of one of these offenses. The fine can be increased up to half of the value of the property or funds to which the money laundering operations have been carried out.
When the offense relates to property or funds derived from one of the crimes mentioned in articles 222-34, 222-35 and 222-36, second paragraph, its perpetrator is punished with the penalties provided for the crimes for which he has committed. had knowledge.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 222-39
The illicit transfer or offer of narcotics to a person for personal consumption is punishable by five years’ imprisonment and a fine of 75,000 euros.

The prison sentence is increased to ten years when the drugs are offered or transferred, under the conditions defined in the previous paragraph, to minors or in educational or educational establishments or on the premises of the administration. , as well as, during the entry or exit of pupils or the public or in a time very close to these, in the vicinity of these establishments or premises.

The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for in the previous paragraph.

Article 222-39-1
(inserted by Law n ° 96-392 of May 13, 1996 art. 17 Official Journal of May 14, 1996)

The fact of not being able to justify resources corresponding to his lifestyle, while being in habitual relations with one or more persons engaged in one of the activities repressed by this section, or with several persons engaged in the use of narcotics is punishable by five years’ imprisonment and a fine of 500,000 F.
The prison sentence is increased to ten years when one or more of the persons referred to in the preceding paragraph are minors.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for in the previous paragraph.

Article 222-40
The attempt of the offenses provided for by articles 222-36 (first paragraph) to 222-39 is punishable by the same penalties.
Article 222-41
Substances or plants classified as narcotics in application of article L. 627 of the public health code constitute narcotics within the meaning of the provisions of this section.
Article 222-42
 Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in articles 222-34 to 222-39.
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.
Article 222-43
The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for in articles 222-35 to 222-39 is reduced by half if, having notified the administrative or judicial authorities, he has made it possible to put an end to the acts complained of and identify, if applicable, the other culprits. In the case provided for in article 222-34, the penalty of life imprisonment is reduced to twenty years of criminal imprisonment.

Article 222-43-1

Anyone who has attempted to commit the offenses provided for in this section 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 to identify, if necessary, other authors or accomplices.

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