Enacted parts

ARTICLE 322-3
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 came in force 1 January
2002)
(Act no. 2002-1138 of 9 September 2002 Article 24 Official Journal of 10 September 2002)
(Act no. 2003-88 of 3 February 2003 Article 9 Official Journal of 4 February 2003)
The offence set out in the first paragraph of article 322-1 is punished by five years' imprisonment and a fine of
€75,000, and that set out in the second paragraph of the same article by a fine of €15,000 and community service:
1° where it is committed by two or more acting as perpetrators or accomplices;
2° 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;
3° where it is committed to the prejudice of a judge or prosecutor, an advocate, a legal professional officer, a
member of the Gendarmerie, a civil servant of the national police, customs, penitentiary administration or of any other
person holding public authority or discharging a public service mission, with a view to influencing his behaviour in the
discharge of his duties;
4° where it is committed to the prejudice of a witness, a victim or a civil party, either to prevent him from denouncing
the act, from filing a complaint or making a statement before a court, or by reason of such a denunciation, complaint or
statement;
5° where it is committed within premises used as a place of abode or on premises used or designed for the
safekeeping of funds, securities, goods or equipment, by entering such premises by deceit, by breaking in or by climbing
in;
Where the offence set out in the first paragraph of article 322-1 is committed against a place of worship, a school, or
a place for educational or leisure activities, or a vehicle used to transport children, the penalties incurred are also
Updated 12/10/2005 - Page 77/132

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PENAL CODE
increased to five years' imprisonment and a fine of €75,000.