Enacted parts

BOOK III
FELONIES AND MISDEMEANOURS AGAINST PROPERTY
Articles 311-1 to 324-9
TITLE I
FRAUDULENT APPROPRIATIONS
Articles 311-1 to 314-13
Updated 12/10/2005 - Page 66/132

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PENAL CODE
CHAPTER I
THEFT
Articles 311-1 to 311-16
SECTION I
SIMPLE AND AGGRAVATED THEFTS
Articles 311-1 to
311-4-1
ARTICLE 311-1
Theft is the fraudulent appropriation of a thing belonging to another person.
ARTICLE 311-2
Dishonest appropriation of energy to the prejudice of another person is assimilated to theft.
ARTICLE 311-3
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002) 
Theft is punished by three years' imprisonment and a fine of €45,000.
ARTICLE 311-4
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
(Act no. 2004-204 of 9 March 2004 article 40 I Official Journal of 10 March 2004)
Theft is punished by five years' imprisonment and a fine of €75,000:
1° where it is committed by two or more acting as perpetrators or accomplices although they do not form an
organised gang;
2° by a person holding public authority or discharging a public service mission, in the exercise or at the occasion of
the exercise of the functions or mission;
3° where it is committed by a person unlawfully assuming the capacity of a person holding public authority or
discharging a public service mission;
4° where it is preceded, accompanied or followed by acts of violence on other persons which have not caused any
total incapacity to work;
5° where it is facilitated by the state of a person whose particular vulnerability, due to age, sickness, infirmity, a
physical of psychological disability or to pregnancy, is apparent or known to the perpetrator;;
6° where it is committed within premises used as residence or within premises used or intended for the safekeeping
of funds, securities, goods or equipment, by gaining access to such premises by deceit, breaking in or climbing in;
7° where it is committed in a vehicle used for the public transport or on premises designed for access to a means of
public transport;
8° where it is preceded, accompanied or followed by an act of destruction, defacement or damage;
9° where it is committed because of the victim's membership or non-membership, true or supposed, of a given
ethnic group, nation, race or religion, or his true or supposed sexual orientation.
The penalty is increased to seven years' imprisonment and to a fine of €100,000 where the theft is committed in two
of the circumstances set out under the present article. It is increased to ten years' imprisonment and a fine of €150,000
where the theft is committed in three of those circumstances.