LexInter | March 6, 2004 | 0 Comments

PROVOCATION TO CRIMES AND CRIMES

Article 23
Modified by Law n ° 2004-575 of June 21, 2004 art. 2 II (JORF 22 June 2004).

Those who, either by speeches, cries or threats uttered in public places or meetings, or by writings, prints, drawings, engravings, paintings, emblems, images or any other, will be punished as accomplices of an action qualified as a crime or misdemeanor. support for writing, speech or image sold or distributed, offered for sale or exhibited in public places or meetings, either by placards or posters exposed to the public, or by any means of communication to the public. public by electronic means, will have directly provoked the author or the authors to commit the said action, if the provocation has been followed.

This provision will also be applicable when the provocation has been followed only by an attempted crime provided for in article 2 of the penal code.

Article 24
Modified by Law n ° 2004-1486 of December 30, 2004 art. 20, art. 22 (JORF December 31, 2004).

Those who, by one of the means set out in the previous article, will have directly provoked, in the event that this provocation has not been followed by effect, will be punished by five years of imprisonment and a fine of 45,000 euros. , to commit one of the following offenses:

1 ° Intentional attacks on life, willful attacks on the integrity of the person and sexual assault, defined by book II of the penal code;

2 ° Thefts, extortion and willful destruction, degradation and damage to people, defined by book III of the penal code.

Those who, by the same means, will have directly provoked one of the crimes and misdemeanors affecting the fundamental interests of the nation provided for by Title I of Book IV of the Penal Code, will be punished with the same penalties.

Those who, by one of the means set out in article 23, have defended the crimes referred to in the first paragraph, war crimes, crimes against humanity or crimes and misdemeanors shall be punished with the same penalty. collaboration with the enemy.

Those who, by the same means, will have directly provoked the acts of terrorism provided for in Title II of Book IV of the Penal Code, or who have made an apology for them, will be punished with the penalties provided for in paragraph 1.

All seditious cries or chants uttered in public places or meetings will be punished by the fine provided for 5th class contraventions.

Those who, by one of the means set out in article 23, will have provoked discrimination, hatred or violence against a person or a group of persons by reason of their origin or for their belonging or not belonging to a specific ethnicity, nation, race or religion, will be punished by one year of imprisonment and a fine of 45,000 euros or only one of these two penalties.

Those who, by these same means, will have provoked hatred or violence towards a person or a group of persons by reason of their sex, their sexual orientation or disability or will have caused, with regard to the same people, the discrimination provided for by articles 225-2 and 432-7 of the penal code.

In the event of conviction for one of the facts provided for in the two preceding paragraphs, the court may also order:

1 ° Except when the responsibility of the offender is held on the basis of article 42 and the first paragraph of article 43 of this law or the first three paragraphs of article 93-3 of Law n ° 82-652 of July 29, 1982 on audiovisual communication, the deprivation of the rights listed in 2 ° and 3 ° of article 131-26 of the penal code for a period of five years at most;

2 ° The display or dissemination of the decision pronounced under the conditions provided for by article 131-35 of the penal code.

Article 24a
Amended by Law 92-1336 1992-12-16 art. 247 JORF December 23, 1992 in force March 1, 1994.

Those who have contested, by one of the means set out in article 23, the existence of one or more crimes against humanity as defined by article 6 of the statute of the international military tribunal annexed to the London Agreement of August 8, 1945 and which were committed either by members of an organization declared criminal in application of article 9 of said statute, or by a person found guilty of such crimes by a French or international court.

The court may also order:

1 ° The display or dissemination of the decision pronounced under the conditions provided for by article 131-35 of the penal code.

CRIMES AND OFFENSES COMMITTED BY THE PRESS OR ANY OTHER MEANS OF PUBLICATION.
PROVOCATION TO CRIMES AND OFFENSES

Article 25
Repealed by Law 92-1336 1992-12-16 art. 248 JORF December 23, 1992 in force March 1, 1994.

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