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France: New penal code (1)

01 January 1991

France: New penal code
artdoc June=1994

The French penal code has undergone its biggest revision since
it was introduced in 1810. The new code, ten years in the making,
and agreed by the National Assembly in 1992 came into effect on
1 March. It encompasses modern `crimes' such as graffiti, sexual
harassment, squatting, computer hacking and crimes against
humanity.
One major change removes the right of protection against
deportation for certain categories of immigrants convicted of
drug offences. This includes the children of immigrants born in
France, those with French spouses and those resident for more
than 10 years in France. Expulsion orders could ban them for
life.
Another change recognises that organisations - companies,
associations, trade unions, political parties or governments -
can be tried for acts committed by their members or
representatives. An organisation found guilty of a crime can be
fined five times more than an individual and can be dissolved by
the court. Other changes increase the discretion of judges in
sentencing; allowing people to use violence (short of murder) to
defend their property; a new crime of placing others at risk (ie:
jumping a red light); and publishing anything violent or
pornographic in any place where it might be seen by a minor under
15 (including newspapers).
The 1810 code was revised in 1892, 1934 and 1978. The French
penal code contrasts with the criminal justice systems in the UK
and the USA which are based on common law and judicial precedent.
The French penal code influenced the laws of most countries in
Europe and Latin America.
International Herald Tribune, 5.3.94; see also story in Security
& Intelligence section.

Statewatch Vol 4 no 2, March-April 1994