SIMPLE THEFT AND AGGRAVATED THEFT
LexInter | January 30, 2008 | 0 Comments

SIMPLE THEFT AND AGGRAVATED THEFT

PENAL CODE
(Legislative Part)

Section 1: Simple theft and aggravated theft

Article 311-1

   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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punishable by three years’ imprisonment and a fine of 45,000 euros.

Article 311-4

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law n ° 2004-204 of March 9, 2004 art. 40 I Official Journal of March 10, 2004)   Theft is punishable by five years’ imprisonment and a fine of 75,000 euros:
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

(inserted by Law n ° 2002-1138 of September 9, 2002 art. 26 Official Journal of September 10, 2002)   Theft is punished by seven years’ imprisonment and a fine of 100,000 euros when committed by an adult with the help of one or more minors, acting as perpetrators or accomplices.
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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punishable by seven years’ imprisonment and a fine of 100,000 euros 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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punishable by ten years’ imprisonment and a fine of 150,000 euros 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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punishable by fifteen years of criminal imprisonment and a fine of 150,000 euros when it is preceded, accompanied or followed by violence against 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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punished by twenty years of criminal imprisonment and a fine of 150,000 euros 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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Organized gang theft is punished by fifteen years of criminal imprisonment and a fine of 150,000 euros.
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

(inserted by Law n ° 2004-204 of March 9, 2004 art. 12 XII Official Journal of March 10, 2004)   Anyone who has attempted to commit an organized robbery provided for in article 311-9 is exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and identify, if applicable, other perpetrators or accomplices.
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

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)   Theft is punished with life imprisonment and a fine of 150,000 euros 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.

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