Enacted parts

Article 131-30-1
(Inserted by Act no. 2003-1119 of 26 November 2003 Article 78 II Official Journal of 27 November 2003
In misdemeanour cases the court may only order banishment from French territory by means of a specially
reasoned judgment which takes the seriousness of the offence and the personal and familial situation of an alien into
account where the case involves:
1° an alien, who is not living in a polygamous relationship, who is the father or mother of a French minor who
resides in France, on condition that he or she shows he or she has actively contributed to the support or education of the
child under the conditions provided for by article 371-2 of the Civil Code from the latter's birth, or for at least a year; 
2° an alien who has been married to a French national for at least two years, provided that the marriage took place
before the offence leading to the conviction, that conjugal life is continuing, and that the spouse has retained French
nationality;
3° an alien who establishes by any means that he has ordinarily resided in France for more than fifteen years,
unless at any time during this period he has held a temporary residence permit for students;
4° an alien who has been lawfully resident in France for more than ten years, unless he has ever, during this period,
held a temporary residence permit for students; 
5° an alien who is in receipt of an industrial accident or occupational disease annuity paid by a French organisation,
and for whom the rate of permanent incapacity is equal to or greater than 20%.
Article 131-30-2
(Inserted by Act no. 2003-1119 of 26 November 2003 Article 78 II Official Journal of 27 November 2003
Banishment from French territory may not be ordered where the case involves
1° an alien who establishes by any means that he has been habitually resident in France since the age of thirteen
years or before;
2° an alien who has been lawfully resident in France for more than twenty years;
3° an alien who has been lawfully resident in France for at least ten years and who, while not living in a polygamous
relationship, has been married for at least three years to a French national who has retained French nationality, provided
that the marriage took place before the offence leading to the conviction, and that conjugal life is continuing; or that the
alien is married, under the same conditions, to a foreign national who comes under the provisions of 1°;
4° an alien, who has lawfully resided in France for more than ten years, and is not living in a polygamous
relationship, who is the father or mother of a French minor who resides in France, on the condition that he or she shows
that he or she has actively contributed to the support or education of the child under the conditions provided for by article
371-2 of the Civil Code, since the birth of the child or for at least a year;
5° an alien who has been residing in France by means of a residence permit provided for by 11° of article 12 bis of
Decree no. 45-2658 of 2 November 1945 relating to the conditions of entry and residence of foreigners in France.
The provisions set out in 3° and 4° are, however, inapplicable where the offence that led to the conviction was
committed against the alien's spouse or children.
The provisions of the present article are not applicable to offences involving violation of the fundamental interests of
the nation, provided for by chapters I, II and IV of title I of book IV and by articles 413-1 to 413-4, 413-10 and 413-11, or
acts of terrorism provided for by articles 431-14 to 431-17, or by counterfeiting offences provided for by articles 442-1 to
442-4.