Assault and Threats in FRANCE. 222-9

   

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Criminal Code (excerpts) (as of February 2014)

Criminal Code (excerpts) (as of February 2014)

(unofficial translation, emphasis added)

Criminal Code of France (excerpts)

 

Hate Crime Laws:
Type:  GPE (aggravating circumstance) & SPE (assault, threats, extortion, damage to property, torture, murder/manslaughter, theft, grave desecrations)

Bias motivations:
- ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity
- gender identity added (in August 2012, by Loi n° 2012-954 du 6 août 2012 relative au harcèlement sexuel, particularly its article 4; according to government instruction, this term covers also the trans people)

Hostility/demonstration model: preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim

Mistake in perception: actual or supposed membership or non-membership


HATE CRIME LAWS:

DEFINITIONS
ARTICLE 132-76
(Inserted by Act no. 2003-88 of 3 February 2003 Art. 1 Official Journal of 4 February 2003) (Act no. 2004-204 of 9 March 2004 article 12 I, article 38 Official Journal of 10 March 2004)
Where provided for by law, the penalties incurred for a felony or a misdemeanour are increased when the offence is committed because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion.

The aggravating circumstances defined in the first paragraph are established when the offence is preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim, or a group of persons to which the victim belongs, on account of their actual or supposed membership or non-membership of a given ethnic group, nation, race or religion.

ARTICLE 132-77
(Inserted by Act no. 2003-239 of 18 March 2003 Art. 47 Official Journal of 19 March 2003)
In the cases provided for by law, the penalties incurred for a felony or a misdemeanour are increased where the offence is committed because of the victim's sexual orientation or gender identity.

The aggravating circumstances defined in the first paragraph are established when the offence is preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim, or a group of persons to which the victim belongs, on account of their actual or supposed sexual identity.

OFFENCES
Murder
ARTICLE 221-4
(Act no. 2003-88 of 3 February 2003 Article 2 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 II, Article 60 I, II Official Journal of 19 March 2003 Correction JORF 5 June 2003) (Act no. 2004-204 of 9 March 2004 article 6 I Official Journal of 10 March 2004)
Murder is punished by criminal imprisonment for life where it is committed:
(…)
6° because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
7° because of the sexual orientation or gender identity of the victim;
(…)

Torture
ARTICLE 222-1
The subjection of a person to torture or to acts of barbarity is punished by fifteen years' criminal imprisonment.
(…)
ARTICLE 222-2
The offence defined under article 222-1 is punished by criminal imprisonment for life where it precedes, accompanies or follows a felony other than murder or rape.
(…)
ARTICLE 222-3
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996) (Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999) (Act no. 2003-88 of 3 February 2003 Article 3 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 III, Article 60 I, II Official Journal of 19 March 2003)
The offence defined in article 222-1 is punished by twenty years' criminal imprisonment where it is committed:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Manslaughter
ARTICLE 222-7
Acts of violence causing an unintended death are punished by fifteen years' criminal imprisonment.
ARTICLE 222-8
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996) (Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999) (Act no. 2003-88 of 3 February 2003 Article 4 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 IV, Article 60 I, II Official Journal of 19 March 2003)
The offence defined under article 222-7 is punished by twenty years' criminal imprisonment where it is committed:
(…)
5°bis because of the victim's membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Physical Assault
ARTICLE 222-9
Acts of violence causing mutilation or permanent disability are punished by ten years' imprisonment and a fine of €150,000.
ARTICLE 222-10
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996) (Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999) (Act no. 2003-88 of 3 February 2003 Article 5 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 V, Article 60 1, II Official Journal of 19 March 2003)
The offence defined under Article 222-9 is punished by fifteen years' criminal imprisonment where it is committed:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

ARTICLE 222-11
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
Acts of violence causing a total incapacity to work for more than eight days are punished by three years' imprisonment and a fine of €45,000.
ARTICLE 222-12
(Act no. 96-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996) (Act no. 98-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998) (Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999) (Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September in force 1 January 2002) (Act no. 2002-1138 of 9 September 2002 Article 25 Official Journal of 10 September 2002)
(Act no. 2003-88 of 3 February 2003 Article 6 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 VI, Article 60 I, Article 78 I, II Official Journal of 19 March 2003)
The offence defined under Article 222-11 is punished by five years' imprisonment and a fine of €75,000 where it is committed
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)
ARTICLE 222-13
(Act no. 96-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996) (Act no. 98-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998) (Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999) (Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September in force 1 January 2002) (Act no. 2002-1138 of 9 September 2002 Article 25 Official Journal of 10 September 2002)
(Act no. 2003-88 of 3 February 2003 Article 7 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 VII, Article 60 I, Article 78 I, II Official Journal of 19 March 2003)
Acts of violence causing an incapacity to work of eight days or less or causing no incapacity to work are punished by three years' imprisonment and a fine of €45,000 where they are committed:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Threats
ARTICLE 222-17:
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
A threat to commit a felony or a misdemeanour against persons, the attempt to commit which is punishable, is punished by six months' imprisonment and a fine of €7,500, if it is repeated, or evidenced by a written document, picture or any other object.
The penalty is increased to three years' imprisonment and to a fine of €45,000 where the threat is one of death.
ARTICLE 222-18
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
A threat to commit a felony or a misdemeanour against persons, made by any means, is punished by three years' imprisonment and a fine of €45,000 where the threat is made together with an order to fulfill a condition.
The penalty is increased to five years' imprisonment and to a fine of €75,000 where the offence is a threat of death.