Betrayal And Spying
LexInter | November 27, 2017 | 0 Comments

Betrayal And Spying

CHAPTER I: Betrayal and espionage

Article 411-1

The facts defined by articles 411-2 to 411-11 constitute treason when they are committed by a Frenchman or a soldier in the service of France and espionage when they are committed by any other person.

Section 1: Delivery of all or part of the national territory, of armed forces or equipment to a foreign power

Article 411-2

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

   Handing over to a foreign power, to a foreign organization or under foreign control or to their agents either troops belonging to the French armed forces, or all or part of the national territory is punishable by criminal detention for life and 750,000 euros d ‘fine.
   The first two paragraphs of article 132-23 relating to the safety period are applicable to the crime provided for in this article.

Article 411-3

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

   Delivering to a foreign power, to a foreign company or organization or under foreign control or to their agents materials, constructions, equipment, installations, devices assigned to national defense is punishable by thirty years of criminal detention and 450,000 euros fine.

Section 2: Intelligence with a foreign power

Article 411-4

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

   Maintaining intelligence with a foreign power, with a foreign company or organization or under foreign control or with their agents, with a view to provoking hostilities or acts of aggression against France, is punishable by thirty years of detention. criminal and a 450,000 euros fine.
   The same penalties shall apply to providing a foreign power, a foreign company or organization or one under foreign control or their agents with the means to undertake hostilities or to carry out acts of aggression against France.

Article 411-5

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

   Maintaining intelligence with a foreign power, with a foreign company or organization or under foreign control or with their agents, when it is likely to infringe the fundamental interests of the nation, is punished by ten years of imprisonment and a fine of 150,000 euros.

Section 3: Delivery of information to a foreign power

Article 411-6

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

   Delivering or making accessible to a foreign power, to a foreign company or organization or under foreign control or to their agents, information, processes, objects, documents, computerized data or files whose exploitation, disclosure or assembly is likely to harm the fundamental interests of the nation is punished by fifteen years of criminal detention and a fine of 225,000 euros.

Article 411-7

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

   The fact of collecting or assembling, with a view to delivering them to a foreign power, to a foreign company or organization or under foreign control or to their agents, information, processes, objects, documents, computerized data or files whose exploitation , the disclosure or the meeting is likely to undermine the fundamental interests of the nation is punished by ten years’ imprisonment and a fine of 150,000 euros.

Article 411-8

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

   Carrying out, on behalf of a foreign power, a foreign company or organization or under foreign control or their agents, an activity aimed at obtaining or delivering devices, information, processes, objects , documents, computerized data or files whose exploitation, disclosure or assembly is likely to harm the fundamental interests of the nation is punished by ten years’ imprisonment and a fine of 150,000 euros.

Section 4: Sabotage

Article 411-9

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

   The destruction, deterioration or misappropriation of any document, material, construction, equipment, installation, apparatus, technical device or automated information processing system or of making defects in it, when this fact is likely to harm the interests fundamentals of the nation, is punished by fifteen years of criminal detention and a fine of 225,000 euros.
   When committed with the aim of serving the interests of a foreign power, a foreign company or organization or under foreign control, the same act is punishable by twenty years of criminal detention and a fine of 300,000 euros.

Section 5: Providing false information

Article 411-10

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

   The fact of providing, with a view to serving the interests of a foreign power, a foreign company or organization or under foreign control, to the civil or military authorities of France false information likely to mislead them and to lead attack on the fundamental interests of the nation is punished by seven years’ imprisonment and a fine of 100,000 euros

Section 6: From provocation to crimes provided for in this chapter

Article 411-11

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

   The fact, by promises, offers, pressures, threats or assault, of directly provoking to commit one of the crimes provided for in this chapter, when the provocation is not followed by effect due to circumstances beyond the control of its author, is punished by seven years’ imprisonment and a fine of 100,000 euros.

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