SECTION 2 REPRESSION OF DELINQUENCY AND ORGANIZED CRIME
LexInter | May 4, 2004 | 0 Comments

SECTION 2 REPRESSION OF DELINQUENCY AND ORGANIZED CRIME

Provisions relating to the suppression of delinquency
and organized crime

Article 6

  1. – After 7 ° of article 221-4 of the penal code, an 8 ° is inserted as follows:“8 ° By several people acting in an organized gang.”

    II.- Article 221-5-1 of the same code becomes article 221-5-2 and it is reinstated, after article 221-5, an article 221-5-1 as follows:

    “Art. 221-5-1. – The fact of making offers or promises to a person or offering him any gifts, presents or advantages so that he commits an assassination or poisoning is punished, when this crime has not been committed or attempted, to ten years’ imprisonment and a fine of EUR 150,000. ”

    III. – In the first paragraph of article 222-4 of the same code, after the words: “when it is committed”, the words: “in an organized gang or” are inserted.

    IV. – In the second paragraph of article 222-49 of the same code, the words: “and 222-38” are replaced by the words: “, 222-38 and 222-39-1”.

    V. – In the first paragraph of article 224-3 of the same code, the words: “either in an organized band, or” are deleted.

    VI. – It is inserted, after article 224-5 of the same code, an article 224-5-2 as follows:

    “Art. 224-5-2. – When the offenses provided for by the first paragraph of article 224-1 and by articles 224-2 to 224-5 are committed in an organized gang, the penalties are increased to a fine of EUR 1,000,000 and to:

    “1 ° Thirty years of criminal imprisonment if the offense is punished by twenty years of criminal imprisonment;

    “2 ° Criminal imprisonment for life if the

    “The first two paragraphs of article 132-23 relating to the safety period are applicable in the cases provided for in 1 ° and 2 °. ”

    VII. – Article 227-22 of the same code is supplemented by a paragraph worded as follows:

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 1,000,000 when the acts were committed by an organized gang. ”

    VIII. – In article 227-23 of the same code, it is inserted, after the fourth paragraph, a paragraph worded as follows:

    “The offenses provided for in the second, third and fourth paragraphs are punishable by ten years’ imprisonment and EUR 500,000. fine when committed in an organized gang. ”

    IX. – After article 312-7 of the same code, an article 312-7-1 is inserted as follows:

    “Art. 312-7-1. – The fact of not being able to justify resources corresponding to his lifestyle while being in habitual relations with one or more persons having committed the offenses provided for in articles 312-6 and 312-7 or the fact of facilitating the justification of fictitious resources for these same people are punished by ten years imprisonment and a fine of 150,000 EUR. »

    X. – Article 313-2 of the same code is thus amended:

    1 ° 5 ° is repealed;

    2 ° It is supplemented by a paragraph worded as follows:

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 1,000,000 when the swindle is committed by an organized gang. ”

    XI. – Article 421-5 of the same code is thus amended:

    1 ° It is inserted, after the first paragraph, a paragraph worded as follows:

    “The fact of directing or organizing the group or the agreement defined in article 421-2-1 is punished by twenty years of criminal imprisonment and a fine of EUR 500,000. “;

    2 ° In the last paragraph, the words: “to the offenses provided for” are replaced by the words: “to the offenses provided for”.

    XII. – Article 434-30 of the same code is thus amended:

    1 ° In the first paragraph, the words: “or when they were committed within the framework of a concerted action between several prisoners” are deleted;

    2 ° The second paragraph is completed by the words: “or when the acts are committed by an organized gang, whether the members of this gang are prisoners or not”.

    XIII. – After the first paragraph of article 442-1 of the same code, a paragraph worded as follows is inserted:

    “The manufacture of coins and banknotes mentioned in the previous paragraph carried out in l assistance from authorized installations or equipment intended for this purpose, when it is carried out in violation of the conditions laid down by the institutions empowered to issue these currency signs and without the agreement of these institutions. ”

    XIV. – Article 442-2 of the same code reads as follows:

    “Art. 442-2. – The transport, putting into circulation or holding with a view to putting into circulation counterfeit or falsified currency signs mentioned in the first paragraph of article 442-1 or irregularly manufactured currency signs mentioned in the second paragraph of this article are punishable. ten years’ imprisonment and a fine of EUR 150,000.

    “The offenses provided for in the previous paragraph are punished by thirty years of criminal imprisonment and a fine of EUR 450,000 when they are committed in an organized gang.

    “The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in the second paragraph of this article. ”

    XV. – It is inserted, after article 450-4 of the same code, an article 450-5 as follows:

    “Art. 450-5. – Natural and legal persons found guilty of the offenses provided for in the second paragraph of article 450-1 and in article 450-2-1 also incur the additional penalty of confiscation of all or part of their property, whatever either nature, movable or immovable, divided or undivided. ”

    XVI. – Article 3 of the law of June 19, 1871 which repeals the decree of September 4, 1870 on the manufacture of weapons of war is completed by a paragraph worded as follows:

    “The penalties are increased to ten years’ imprisonment and to 500,000 EUR fine when the offense is committed by an organized gang. ”

    XVII. – The first paragraph of I of article 24 of the decree of April 18, 1939 fixing the system of war materials,

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 500,000 when the offense is committed by an organized gang. ”

    XVIII. – The first paragraph of article 26 of the aforementioned decree of April 18, 1939 is supplemented by a sentence worded as follows:

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 500,000 when the offense is committed in organized gang. ”

    XIX. – The first paragraph of article 31 of the aforementioned decree of April 18, 1939 is supplemented by a sentence worded as follows:

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 500,000 when the offense is committed in organized gang. ”

    XX. – Section I of article 6 of law n ° 70-575 of 3 July 1970 reforming the regime for powders and explosive substances is completed by a paragraph worded as follows:

    “The penalties are increased to ten years’ imprisonment and to EUR 500,000 fine when the offense is committed by an organized gang. ”

    XXI. – The first paragraph of article 4 of law n ° 72-467 of June 9, 1972 prohibiting the development, manufacture, possession, storage, acquisition and transfer of biological weapons or weapons based on toxins is completed by a sentence worded as follows:

    “The penalties are increased to ten years’ imprisonment and a fine of EUR 500,000 when the offense is committed by an organized gang. ”

    XXII. – The first paragraph of article 4 of the law of June 2, 1891, the purpose of which is to regulate the authorization and operation of horse races is thus amended:

    1 ° The words: “two years and a fine of EUR 9,000 ”are replaced by the words:“ for three years and a fine of EUR 45,000 ”;

    2 ° It is completed by a sentence worded as follows:

    “The penalties are increased to seven years’ imprisonment and a fine of EUR 100,000 when the offense is committed by an organized gang. ”

    XXIII. – The first paragraph of article 1 of law n ° 83-628 of July 12, 1983 relating to games of chance is amended as follows:

    1 ° The words: “two years ‘imprisonment and a fine of EUR 30,000” are replaced by the words: “three years’ imprisonment and a EUR 45,000 fine”;

    2 ° It is completed by a sentence worded as follows:

    “The penalties are increased to seven years’ imprisonment and a fine of EUR 100,000 when the offense is committed by an organized gang. ”

    XXIV. – The first paragraph of article 2 of the aforementioned law n ° 83-628 of 12 July 1983 is thus amended:

    1 ° The words: “two years’ imprisonment and a fine of EUR 30,000” are replaced by the words: “three years’ imprisonment and a fine of EUR 45,000”;

    2 ° It is completed by a sentence worded as follows:

    “The penalties are increased to seven years’ imprisonment and a fine of EUR 100,000 when the offense is committed in an organized gang. “

Article 7

After article 322-6 of the penal code, an article 322-6-1 is inserted as follows:

“Art. 322-6-1. – The fact of disseminating by any means, except for professionals, processes allowing the manufacture of destruction devices made from powder or explosive substances, nuclear, biological or chemical materials, or from any other product intended for domestic, industrial or agricultural use, is punished by one year’s imprisonment and a fine of EUR 15,000.

“The penalties are increased to three years’ imprisonment and a fine of EUR 45,000 when a telecommunications network intended for an undetermined audience has been used for the dissemination of the procedures. ”

Article 8

In article 421-2 of the penal code, after the words: “in the basement”, are inserted the words: “, in food or food components”.

Article 9

The last paragraph of article 706-25-1 of the Code of Criminal Procedure is thus amended:

1 ° In the first sentence, the words: “to the offense mentioned” are replaced by the words: “to the offenses mentioned”;

2 ° In the last sentence, the words: “this offense” are replaced by the words: “these offenses”.

Article 10

In the last paragraph of article 706-17 of the code of criminal procedure, the words: “and in article 421-2-2” are replaced by the words: “and in articles 421-2-2 and 421-2 -3 ”.

Article 11

In the last paragraph of article 3 of the aforementioned law of June 19, 1871, the words: “any other substance intended to enter into the composition of a” are replaced by the words: “any other element or substance intended to enter in the composition of a device ”.

Article 12

  1. – The title of section 3 of chapter II of title III of book I of the penal code reads as follows: “The definition of certain circumstances leading to the aggravation, reduction or exemption of penalties”.II.- After article 132-77 of the same code, an article 132-78 is inserted as follows:

    “Art.132-78. – The person who has attempted to commit a crime or an offense is, in the cases provided for by law, exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and , if necessary, to identify other perpetrators or accomplices.

    “In the cases provided for by law, the duration of the custodial sentence incurred by a person having committed a felony or an offense is reduced if, having notified the administrative or judicial authority, it has made it possible to put an end to the offense , to prevent the offense from causing damage or to identify other perpetrators or accomplices.

    “The provisions of the previous paragraph are also applicable when the person has made it possible either to avoid the commission of a related offense of the same nature as the crime or offense for which he was prosecuted, or to put an end to such an offense, to prevent it from producing damage or to identify its perpetrators or accomplices.

    “No conviction may be pronounced solely on the basis of statements made by persons who have been the subject of the provisions of this article. ”

    III. – After article 706-63 of the Code of Criminal Procedure, a title XXI bis is inserted as follows:

“TITLE XXI BIS
“PROTECTION OF PERSONS BENEFITING FROM EXEMPTIONS OR REDUCED SENTENCES FOR AVOIDING THE COMMITMENT OF OFFENSES, TO CESS OR REDUCE THE DAMAGE CAUSED BY AN INFRINGEMENT, OR TO IDENTIFY THE AUTHORS OR COMPLICES OF INFRINGEMENTS

“Art. 706-63-1. – The persons mentioned in article 132-78 of the penal code are subject, as necessary, to protection intended to ensure their safety. They can also benefit from measures intended to ensure their reintegration.

“If necessary, these people may be authorized, by reasoned order issued by the president of the tribunal de grande instance, to use an assumed identity.

“The act of revealing the assumed identity of these people is punished by five years’ imprisonment and a fine of EUR 75,000. When this revelation has caused, directly or indirectly, violence, assault and battery against these people or their spouses, children and direct ascendants, the penalties are increased to seven years’ imprisonment and EUR 100,000. fine. The penalties are increased to ten years’ imprisonment and a fine of EUR 150,000 when this disclosure has caused, directly or indirectly, the death of these people or their spouses, children and direct ascendants.

“The measures of protection and reintegration are defined, on requisitions of the public prosecutor, by a national commission whose composition and operating procedures are defined by decree in the Council of State. This commission sets the obligations that the person must respect and monitors protection and reintegration measures, which it can modify or terminate at any time. In an emergency, the competent services take the necessary measures and inform the National Commission without delay.

“The provisions of this article are also applicable to family members and relatives of the persons mentioned in article 132-78 of the penal code. ”

IV. – It is inserted, after article 221-5-1 of the penal code, an article 221-5-3 as follows:

“Art. 221-5-3. – Anyone who has attempted to commit the crimes of murder or poisoning is exempt from punishment if, having notified the administrative or judicial authority, he has made it possible to avoid the death of the victim and to identify the case the other authors or accomplices.

“The custodial sentence incurred by the perpetrator or the accomplice of a poisoning is reduced to twenty years of criminal imprisonment if, having notified the administrative or judicial authority, he has made it possible to avoid the death of the victim and ” identify, if applicable, other perpetrators or accomplices. »

V. – It is inserted, after article 222-6-1 of the same code,

“Art. 222-6-2. – Anyone who has attempted to commit the crimes provided for in this paragraph is exempt from penalty if, having informed the administrative or judicial authority, he has made it possible to avoid the commission of the offense and to identify, if necessary , other authors or accomplices.

“The custodial sentence incurred by the perpetrator or the accomplice of one of the crimes provided for in this paragraph is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty is life imprisonment, this is reduced to twenty years of criminal imprisonment. ”

VI. – Article 222-43 of the same code is thus amended:

1 ° The words: “articles 222-34 to 222-40” are replaced by the words: “articles 222-35 to 222-39”;

2 ° It is completed by a sentence worded as follows:

“In the case provided for in article 222-34, the penalty of life imprisonment is reduced to twenty years of criminal imprisonment. ”

VII. – It is inserted, after article 222-43 of the same code, an article 222-43-1 as follows:

“Art. 222-43-1. – Anyone who has attempted to commit the offenses provided for in this section 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 to identify, if necessary , other authors or accomplices. ”

VIII. – It is inserted, after article 224-5 of the same code, an article 224-5-1 as follows:

“Art. 224-5-1. – Anyone who has attempted to commit the crimes provided for in this section 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 to identify, if necessary , other authors or accomplices.

“The custodial sentence incurred by the author or accomplice of one of the crimes provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or ” to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment. ”

IX. – It is inserted, after article 224-8 of the same code, an article 224-8-1 as follows:

“Art. 224-8-1. – Anyone who has attempted to commit the crimes provided for in this section is exempt from penalty if, having informed the administrative or judicial authority, he has made it possible to avoid the commission of the offense and to identify, if necessary , other authors or accomplices.

“The custodial sentence incurred by the perpetrator or the accomplice of one of the crimes provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or ” prevent the offense from causing death or permanent disability and identifying, where appropriate, other perpetrators or accomplices. When the penalty is life imprisonment, this is reduced to twenty years of criminal imprisonment. ”

X. – An article 225-4-9 is inserted after article 225-4-8 of the same code as follows:

“Art. 225-4-9. – Anyone who has attempted to commit the offenses provided for in this section 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 to identify, if necessary , other authors or accomplices.

“The custodial sentence incurred by the perpetrator or the accomplice of one of the offenses provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or ” to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment. ”

XI. – It is inserted, after article 225-11 of the same code, an article 225-11-1 as follows:

“Art. 225-11-1. – Anyone who has attempted to commit the offenses provided for in this section 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 to identify, if necessary , other authors or accomplices.

“The custodial sentence incurred by the perpetrator or the accomplice of one of the offenses provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or ” prevent the offense from causing death or permanent disability and identifying, where appropriate, other perpetrators or accomplices. When the penalty is life imprisonment, this is reduced to twenty years of criminal imprisonment. ”

XII. – It is inserted, after article 311-9 of the same code, an article 311-9-1 as follows:

“Art. 311-9-1. – 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 to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices.

XIII. – It is inserted, after article 312-6 of the same code, an article 312-6-1 as follows:

“Art. 312-6-1. – Anyone who has attempted to commit an organized gang extortion provided for in article 312-6 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 extortion is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the offense does not result in the death of a man or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment. ”

XIV. – It is inserted, after article 3 of the aforementioned law of June 19, 1871, an article 3-1 as follows:

“Art. 3-1. – The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for in Article 3 is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts in question and to identify , where applicable, other authors or accomplices. ”

XV. – It is inserted, after article 35 of the aforementioned decree of April 18, 1939, an article 35-1 as follows:

“Art. 35-1. – The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for in Articles 24, 26 and 31 is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts complained of and ” identify, if applicable, other perpetrators or accomplices. ”

XVI. – It is inserted, after article 6 of the aforementioned law n ° 70-575 of July 3, 1970, an article 6-1 as follows:

“Art. 6-1. – The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for in article 6 is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts in question and to identify , where applicable, other authors or accomplices. ”

XVII. – It is inserted, after article 4 of the aforementioned law n ° 72-467 of June 9, 1972, an article 4-1 as follows:

“Art. 4-1. – The custodial sentence incurred by the perpetrator or the accomplice of the offenses provided for by this law is reduced by half if, having notified the administrative or judicial authority, it has made it possible to put an end to the acts in question and to identify, where applicable, other authors or accomplices. ”

Article 13

After article 434-7-1 of the penal code, an article 434-7-2 is inserted as follows:

“Art. 434-7-2. – Without prejudice to the rights of the defense, the fact, for any person who, by virtue of his duties, has knowledge, in application of the provisions of the Code of Criminal Procedure, of information resulting from an investigation or an investigation into courses concerning a crime or an offense, to reveal, directly or indirectly, this information to persons likely to be involved, as authors, co-perpetrators, accomplices or receivers, in the commission of these offenses, when this disclosure is likely to hinder the progress of the investigations or the manifestation of the truth is punished by five years’ imprisonment and a fine of EUR 75,000. “

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image