Theft
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ENAL CODE (Legislative Part) |
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Section 1: Simple theft and aggravated theft |
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Article 311-1 |
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Theft is the fraudulent removal of the property of another. |
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Article 311-2 |
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The fraudulent subtraction of energy to the detriment of others is assimilated to theft. |
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Article 311-3 |
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| Theft is punishable by three years’ imprisonment and a fine of 300,000 F. | |
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Article 311-4 |
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| Theft is punished by five years’ imprisonment and a fine of 500,000 F: 1 ° When it is committed by several people acting as perpetrator or accomplice, without constituting an organized gang; 2 ° When it is committed 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; 3 ° When it is committed by a person who unduly assumes the quality of a person holding public authority or entrusted with a public service mission; 4 ° When it is preceded, accompanied or followed by violence against others which has not resulted in total incapacity for work; 5 ° When it is facilitated by the condition of 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 of its author; 6 ° When it is committed in a dwelling place or in a place used or intended for the storage of funds, values, goods or materials, by entering the premises by ruse, break-in or escalation; 7 ° When it is committed in a vehicle assigned to collective passenger transport or in a place intended for access to a means of collective passenger transport; 8 ° When it is preceded, accompanied or followed by an act of destruction, degradation or deterioration. The penalties are increased to seven years’ imprisonment and a fine of 700,000 F when the theft is committed in two of the circumstances provided for in this article. They are increased to ten years’ imprisonment and a fine of 1,000,000 F when the theft is committed in three of these circumstances. |
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Article 311-5 |
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Theft is punishable by seven years’ imprisonment and a 700,000 F fine when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for a maximum of eight days. |
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Article 311-6 |
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Theft is punished by ten years’ imprisonment and a fine of 1,000,000 F when it is preceded, accompanied or followed by violence against others resulting in total incapacity for work for more than eight days. |
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Article 311-7 |
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Theft is punishable by fifteen years of criminal imprisonment and a fine of 1,000,000 F when it is preceded, accompanied or followed by violence on others resulting in mutilation or permanent disability. |
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Article 311-8 |
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Theft is punished by twenty years of criminal imprisonment and a fine of 1,000,000 F when it is committed either with the use or threat of a weapon, or by a person carrying a weapon subject to authorization or whose carrying is prohibited. |
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Article 311-9 |
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Organized gang theft is punishable by fifteen years of criminal imprisonment and a fine of 1,000,000 F. |
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Article 311-10 |
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Theft is punished with life imprisonment and a fine of 1,000,000 F when it is preceded, accompanied or followed either by violence resulting in death, or by torture or acts of barbarism. |
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Article 311-11 |
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| Within the meaning of articles 311-4, 311-5, 311-6, 311-7, 311-9 and 311-10, constitutes a theft followed by violence the theft following which violence was committed to promote flight or ensure the impunity of an author or an accomplice. |
| PENAL CODE (Legislative Part) |
| Section 2: General provisions |
| Article 311-12 |
| Theft committed by a person cannot give rise to criminal proceedings: 1 ° To the prejudice of his ascendant or descendant; 2 ° To the prejudice of his spouse, except when the spouses are legally separated or authorized to reside separately. |
| Article 311-13 |
| The attempt of the offenses provided for in this chapter is punished by the same penalties. |