SIMPLE THEFT AND AGGRAVATED THEFT
PENAL CODE
(Legislative Part)
Section 1: Simple theft and aggravated theft
Theft is the fraudulent removal of the property of another
. res nullius: Cass. crim October 25, 2002
Article 311-2
The fraudulent subtraction of energy to the detriment of others is assimilated to theft.
Article 311-3
Article 311-4
1 ° When it is committed by several people acting as perpetrators or accomplices, 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 that 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 to his author ;
6 ° When it is committed in a dwelling or in a place used or intended for the storage of funds, values, goods or materials, by entering the premises by trickery, 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;
9 ° When it is committed because of the victim’s belonging or non-belonging, true or supposed, to a specific ethnicity, nation, race or religion, or because of his or her sexual orientation, true or supposed.
The penalties are increased to seven years’ imprisonment and a fine of 100,000 euros 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 150,000 euros when the theft is committed in three of these circumstances.
Article 311-4-1
The penalties are increased to ten years’ imprisonment and a fine of 150,000 euros when the adult is helped by one or more minors under the age of thirteen.
Article 311-5
Article 311-6
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
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
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
He is punished by twenty years of criminal imprisonment and a fine of 150,000 euros when he is preceded, accompanied or followed by violence against others.
He is punished by thirty years of criminal imprisonment and a fine of 150,000 euros 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 311-9-1
The custodial sentence incurred by the perpetrator or the accomplice of an organized gang robbery is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense in progress or to avoid that the offense does not result in the death of a man or permanent disability and to identify, where appropriate, the other perpetrators or accomplices.
Article 311-10
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.
