Enacted parts

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.
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.
CHAPTER III
THE EXTINCTION OF PENALTIES AND THE ERASURE OF CONVICTIONS
Articles 133-2 to 133-1
ARTICLE 133-1
(Act no. 1992-1336 of 16 December 1992 Articles 353 and 373 Official Journal of 23 December 1992 into force 1 March
1994)
The death of a convicted person or the dissolution of the legal person, except where that dissolution is ordered by a
criminal court, as well as pardons and amnesty, preclude or interrupt the enforcement of the penalty. However, fines and
judicial costs may be recovered and confiscations carried out after the death of the convicted natural person, and after
the dissolution of the legal person up until the process of liquidation has been completed.
Updated 12/10/2005 - Page 25/132

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PENAL CODE
Where a sentence is time-barred it may not be enforced.
Rehabilitation wipes a conviction out.
SECTION I
LIMITATION
Articles 133-2 to 133-6
ARTICLE 133-2
Subject to the provisions of article 213-5 the penalties imposed for a felony are barred by limitation after twenty
years have passed from the date when the conviction became final.
ARTICLE 133-3
A sentence imposed for a misdemeanour is barred by limitation after five years have passed from the date when the
conviction became final.
ARTICLE 133-4
(Act no. 2002-1576 of 31 December 2002)
The penalties imposed for a petty offence are barred by limitation after three years have passed from the date when
the conviction became final.
ARTICLE 133-5
Persons convicted by contumacy or by default whose sentences are time-barred are not allowed to purge the
contumacy or enter an opposition.
ARTICLE 133-6
Civil obligations resulting from a final criminal decision are barred by limitation according to the rules set out in the
Civil Code.
SECTION II
OF PARDON
Articles 133-7 to 133-8