Enacted parts

ARTICLE 313-8
(Act no. 2003-239 of 18 March 2003 Art. 57 3° Official Journal of 19 March 2003)
Natural persons convicted of any of the misdemeanours referred to under articles 313-1, 313-2, 313-6 and 313-6-1
also incur disqualification from public tenders for a maximum period of five years.
ARTICLE 313-9
(Act no. 2001-504 of 12 June 2001 Article 21 Official Journal of 13 June 2001)
(Act no. 2003-239 of 18 March 2003 Art. 57 4° Official Journal of 19 March 2003)
Legal persons may incur criminal liability for the offences set out under articles 313-1 to 313-3 and 313-6-1, in
accordance with the conditions laid down under article 121-2. 
The penalties incurred by legal persons are:
1° a fine in the manner prescribed under article 131-38;
2° the penalties referred to under article 131-39.
The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion
of the performance of which the offence was committed.
CHAPTER IV
OF MISAPPROPRIATION
Articles 314-1 to 314-13
SECTION I
FRAUDULENT BREACH OF TRUST
Articles 314-1 to 314-4
ARTICLE 314-1
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002) 
Breach of trust is committed when a person, to the prejudice of other persons, misappropriates funds, valuables or
any property that were handed over to him and that he accepted subject to the condition of returning, redelivering or
using them in a specified way.
Breach of trust is punished by three years' imprisonment and a fine of €375,000.
ARTICLE 314-2
(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 51 Official Journal of 10 March 2004)
The penalty is increased to seven years' imprisonment and to a fine of €750,000 where the breach of trust was
committed:
1° by a person making a public appeal with a view to obtaining the transfer of funds or securities, either in a
personal capacity, or as the manager or legally employed or de facto employee of an industrial or commercial
enterprise;
2° by any other person who habitually undertakes or assists, even in a minor role, in operations regarding the
property of a third party on whose account he recovers funds or securities;
3° to the prejudice of a charity making a public appeal in order to raise funds to be used for humanitarian or social
aid;
4° to the prejudice 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.