Theft
LexInter | July 18, 2013 | 0 Comments

Theft

ENAL CODE (Legislative Part)

Section 1: Simple theft and aggravated theft

Article 311-1

 Theft is the fraudulent removal of the property of another.

Article 311-2

   The fraudulent subtraction of energy to the detriment of others is assimilated to theft.

Article 311-3

Theft is punishable by three years’ imprisonment and a fine of 300,000 F.

Article 311-4

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.

Article 311-5

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.

Article 311-6

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

Article 311-7

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

Article 311-8

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

Article 311-9

Organized gang theft is punishable by fifteen years of criminal imprisonment and a fine of 1,000,000 F.
He is punished by twenty years of criminal imprisonment and a fine of 1,000,000 F when he is preceded, accompanied or followed by violence against others.
He is punished by thirty years of criminal imprisonment and a 1,000,000 F fine when he 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.   The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 311-10

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

Article 311-11

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.

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