ARTICLE 131-2
The penalties of criminal imprisonment or criminal detention do not preclude the imposition of a fine and of one or
more of the additional penalties set out under article 131-10.
Subsection 2
Of penalties for misdemeanours
Articles 131-3 to 131-9
ARTICLE 131-3
The penalties incurred by natural persons for the commission of misdemeanours are:
1° imprisonment;
2° a fine;
3° a day-fine;
4° a citizenship course;
5° community service;
6° penalties entailing a forfeiture or restriction of rights, set out under article 131-6;
7° the additional penalties set out under article 131-10.
ARTICLE 131-4
(Act no. 2003-239 of 18 March 2003 Art. 48 Official Journal of 19 March 2003)
The scale of custodial sentences is as follows:
1° A maximum of ten years;
2° A maximum of seven years;
3° A maximum of five years;
4° A maximum of three years;
5° A maximum of two years;
6° A maximum of one year;
7° A maximum of six months;
8° A maximum of two months.
ARTICLE 131-5
(Act 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 173 1°Official Journal of 10 March 2004 in force 1 January 2005)
Where a misdemeanour is punishable by imprisonment, the court may order a day-fine. This requires the convicted
person to pay the Treasury a sum, the total amount of which is a daily contribution determined by the judge, multiplied
by a certain number of days. The amount of each day-fine is determined by taking into account the income and
expenses of the accused. It may not exceed €1000. The number of day-fines is determined by taking into account the
circumstances of the offence; it may not exceed three hundred and sixty.
ARTICLE 131-5-1
(Act no.2004-204 of 9 March 2004 Article 44 II Official Journal of 10 March 2004 in force 1 October 2004)
Where a misdemeanour is punished by a prison sentence, the court may, instead of imprisonment, order the
convicted person to complete a citizenship course, the methods, length and content of which are fixed by a decree of the
Conseil d'Etat, and the purpose of which is to remind the offender of the republican values of tolerance, respect of
personal dignity upon which society is based. The court determines whether this course, the cost of which may not
exceed that a fine for a petty offence of the third class, is to be carried out at the convicted person's expense.
This penalty may not be imposed on a defendant who rejects it or who is not present at the hearing.
Do'stlaringiz bilan baham: |