VIOLENCE
LexInter | October 30, 2018 | 0 Comments

VIOLENCE

PENAL CODE (Legislative Part)
Paragraph 2: Violence

Article 222-7

Violence resulting in death without intention of giving it is punished by fifteen years of criminal imprisonment.

Article 222-8

The offense defined in article 222-7 is punishable by twenty years of criminal imprisonment when it is committed:

1 ° On a minor of fifteen years;

 

2 ° 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;

 

3 ° On a legitimate or natural ascendant or on the adoptive father or mother;

 

4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority , a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent exercising on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the status of the victim is apparent or known to the perpetrator;

 

4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person habitually living at their domicile, by reason of the functions performed by these persons;

 

4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, when the quality of the victim is apparent or known to the perpetrator;

 

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 by reason of his denunciation, his complaint or his testimony;

 

5 ° bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;

 

5 ° ter Due to the sexual orientation of the victim;

 

6 ° By the spouse or partner of the victim or the partner linked to the victim by a civil solidarity pact;

 

7 ° By a 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;

 

8 ° By several persons acting in the capacity of author or accomplice;

 

9 ° With premeditation or with ambush;

 

10 ° With use or threat of a weapon.

 

The penalty incurred is increased to thirty years of criminal imprisonment when the offense defined in article 222-7 is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor.

 

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

 

Article 222-9

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

Violence resulting in mutilation or permanent disability is punishable by ten years’ imprisonment and a fine of 150,000 euros.

Article 222-10

(Law nº 96-647 of July 22, 1996 art. 13 Official Journal of July 23, 1996) (Law nº 99-505 of June 18, 1999 art. 14 Official Journal of June 19, 1999) (Law nº 2003-88 of February 3, 2003) art. 5 Official Journal of February 4, 2003) (Law n ° 2003-239 of March 18, 2003 art. 47 V, art. 60 I, II Official Journal of March 19, 2003)

The offense defined in article 222-9 is punishable by fifteen years of criminal imprisonment when it is committed:
1 ° On a minor of fifteen years;
2 ° 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;
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, 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 by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a 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;
8 ° By several persons acting in the capacity of author or accomplice;
9º With premeditation;
10º With use or threat of a weapon.
The penalty incurred is increased to twenty years of criminal imprisonment when the offense defined in article 222-9 is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 222-11

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

Violence resulting in total incapacity for work for more than eight days is punishable by three years’ imprisonment and a fine of 45,000 euros.

Article 222-12

(Law nº 96-647 of July 22, 1996 art. 13, art. 14 Official Journal of July 23, 1996) (Law nº 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998) (Law nº 99-505 of June 18, 1999 art. 14 Official Journal of June 19, 1999) (Ordinance nº 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002) (Law nº 2002-1138 of September 9, 2002) art. 25 Official Journal of September 10, 2002) (Law no. 2003-88 of February 3, 2003, art. 6 Official Journal of February 4, 2003) (Law no. 2003-239 of March 18, 2003, art. 47 VI, art. 60 I, II, art. 78 I, II Official Journal of March 19, 2003)

The offense defined in article 222-11 is punishable by five years’ imprisonment and a fine of 75,000 euros when it is committed:
1 ° On a minor of fifteen years;
2 ° 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;
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, 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 by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a 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;

8 ° By several persons acting in the capacity of author or accomplice;
9º With premeditation;
10 ° With the use or threat of a weapon;
11 ° When the acts are committed inside a school or educational establishment, or, when pupils enter or leave, in the vicinity of such an establishment;
12 ° By an adult acting with the help or assistance of a minor;
13 ° In a means of collective passenger transport or in a place intended for access to a means of collective passenger transport.
The penalties incurred are increased to ten years’ imprisonment and a fine of 150,000 euros when the offense defined in article 222-11 is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over the minor. The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when this offense is committed in two of the circumstances provided for in 1 ° and following of this article. The penalties are increased to ten years’ imprisonment and a fine of 150,000 euros when committed in three of these circumstances.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in the previous paragraph.

 

 

Article 222-13

(Law nº 96-647 of July 22, 1996 art. 13, art. 15 Official Journal of July 23, 1996)
 

(Law n ° 98-468 of June 17, 1998 art. 16 Official Journal of June 18, 1998)
 

(Law n ° 99-505 of June 18, 1999 art. 14 Official Journal of June 19, 1999)
 

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

(Law n ° 2002-1138 of September 9, 2002 art. 25 Official Journal of September 10, 2002)
 

(Law n ° 2003-88 of February 3, 2003 art. 7 Official Journal of February 4, 2003)
 

(Law n ° 2003-239 of March 18, 2003 art. 47 VII, art. 60 I, II, art. 78 I, II Official Journal of March 19, 2003)

Violence resulting in an incapacity for work of less than or equal to eight days or having resulted in no incapacity for work is punishable by three years’ imprisonment and a fine of 45,000 euros when it is committed:
1 ° On a minor of fifteen years ;
2 ° 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.
3 ° On a legitimate or natural ascendant or on the adoptive father or mother;
4 ° On a magistrate, a juror, a lawyer, a public or ministerial officer, a soldier of the national gendarmerie, an official of the national police, customs, the prison administration or any other person holding public authority, a professional or voluntary firefighter, a sworn custodian of buildings or groups of buildings or an agent performing on behalf of a lessor the functions of guarding or surveillance of buildings for residential use in application of the Article L. 127-1 of the Construction and Housing Code, in the exercise or as a result of his duties, when the quality of the victim is apparent or known to the perpetrator;
4 ° bis On the spouse, ascendants and descendants in direct line of the persons mentioned in 4 ° or on any other person usually living at their domicile, by reason of the functions performed by these persons;
4 ° ter On an agent of an operator of a public passenger transport network or any other person entrusted with a public service mission as well as on a health professional, in the exercise of his functions, 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 by reason of his denunciation, his complaint or his testimony;
5 bis Due to the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion;
5 ° ter Due to the victim’s sexual orientation;
6 ° By the victim’s spouse or partner;
7 ° By a 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;
8 ° By several persons acting in the capacity of author or accomplice;

9º With premeditation;
10 ° With the use or threat of a weapon;
11 ° When the acts are committed inside a school or educational establishment, or, when pupils enter or leave, in the vicinity of such an establishment;
12º By an adult acting with the help or assistance of a minor.
13 ° In a means of collective passenger transport or in a place intended for access to a means of collective passenger transport.
The penalties incurred are increased to five years’ imprisonment and a fine of 75,000 euros when the offense defined in the first paragraph is committed against a minor of fifteen years by a legitimate, natural or adoptive ascendant or by any other person having authority over minor. The penalties are also increased to five years’ imprisonment and a fine of 75,000 euros when this offense, resulting in total incapacity for work less than or equal to eight days, is committed in two of the circumstances provided for in 1 ° and following of this article. The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros when committed in three of these circumstances.

 

 

Article 222-14

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

The usual violence against a minor of fifteen years or on a person whose particular vulnerability, due to his age, to an illness, to an infirmity, to a physical or psychic deficiency or to a state of pregnancy, is apparent or known to them. perpetrator are punished:
1º of thirty years of criminal imprisonment when they entailed the death of the victim;
2 ° Twenty years of criminal imprisonment when they have resulted in mutilation or permanent disability;
3 ° Ten years’ imprisonment and a fine of 150,000 euros when they resulted in total incapacity for work for more than eight days;
4 ° Five years’ imprisonment and a fine of 75,000 euros when they do not
The first two paragraphs of article 132-23 relating to the safety period are applicable to the cases provided for in 1 ° and 2 ° of this article.

 

 

Article 222-15

   The administration of harmful substances having harmed the physical or mental integrity of others is punishable by the penalties mentioned in articles 222-7 to 222-14 according to the distinctions provided for in these articles.
The first two paragraphs of article 132-23 relating to the safety period are applicable to this offense in the same cases as those provided for by these articles.

 

Article 222-16

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

(Law n ° 2003-239 of March 18, 2003 art. 49 Official Journal of March 19, 2003)

Repeated malicious telephone calls or sound attacks with a view to disturbing the peace of others are punishable by one year of imprisonment and a fine of 15,000 euros.

 

 

Article 222-16-1

(inserted by Law n ° 2001-504 of June 12, 2001 art. 6 Official Journal of June 13, 2001)

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