Enacted parts

ARTICLE 432-4
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
The arbitrary ordering or carrying out a violation of personal freedom committed by a person holding public authority
or discharging a public service mission, acting in the exercise or on the occasion of his office or mission, is punished by
seven years' imprisonment and a fine of €100,000.
Where the violation consists of a detention or a restraint exceeding seven days, the penalty is increased to thirty
years' criminal imprisonment and to a fine of €450,000.
ARTICLE 432-5
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
The unlawful deprivation of liberty, the wilful failure either to put an end to such deprivation when he has the power,
or, alternatively, the wilful failure to bring about the intervention of a competent authority, by a person holding public
authority or discharging a public service mission who has knowledge of such deprivation in the course of or on the
occasion of his office or mission, is punished by three years' imprisonment and a fine of €45,000 
Updated 12/10/2005 - Page 93/132

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PENAL CODE
A person referred to under the previous paragraph who, having learnt of an allegedly unlawful deprivation of liberty
in the course of or on the occasion of the discharge of his office or mission, wilfully abstains either from making such
necessary verifications as he is empowered to make, or, alternatively, from transmitting the complaint to a competent
authority, is punished by one year's imprisonment and a fine of €15,000 where the deprivation of liberty, later found to be
unlawful, continued.
ARTICLE 432-6
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
The reception or retention of a person by an agent of the prison administration, without a warrant, a judgment or a
detention order drafted in conformity with the law, or the undue extension of a detention, is punished by two years'
imprisonment and a fine of €30,000.
Paragraph 2
Discrimination
Article 432-7