Enacted parts

ARTICLE 434-30
(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 6 XII, article 194 II Official Journal of 10 March 2004)
The offences defined by article 434-27 and 1° of article 434-29 are punished by seven years' imprisonment and a
fine of €100,000 where they are committed using the threat of a weapon or an explosive, incendiary or toxic substance.
The penalties are increased to ten years' imprisonment and to a fine of €150,000 where use was made of a weapon
or an explosive, incendiary or toxic substance or where the offences were carried out by an organised gang, whether or
not the members of this gang were detainees.
ARTICLE 434-31
Notwithstanding the provisions of articles 132-2 to 132-5, the penalties imposed for the misdemeanour of escape
are cumulative, and may not run concurrently with those that the escapee was serving or those imposed for the offence
for which was detained.
ARTICLE 434-32
A penalty of three years' imprisonment and a fine of €45,000 is incurred by any person who procures a detained
person with any means of absconding from the custody he was subjected to is punished by a sentence.
If the support so given was accompanied by acts of violence, a break-out or corruption, the offence is punished by
five years' imprisonment and a fine of €75,000.
If the support consists of the supply or use of a weapon or explosive, incendiary or toxic substance the offence is
punished by seven years' imprisonment and a fine of €100,000.
ARTICLE 434-33
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
A penalty of ten years' imprisonment and a fine of €150,000 is incurred by any person exercising the supervision of
a detainee who facilitates or prepares the escape of the detained person, even by deliberate omission.
These provisions are also applicable to any person authorised by his position to enter a penitentiary institution or to
approach detained persons in whatever capacity.
In the cases set out under the present article, where the support provided consists of the supply or use of a weapon
or explosive, incendiary or toxic substance the offence is punished by fifteen years' imprisonment and a fine of
Updated 12/10/2005 - Page 105/132

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PENAL CODE
€225,000.
ARTICLE 434-34
The persons referred to under articles 434-32 and 434-33 may be jointly sentenced to pay any damages that the
victim is entitled to obtain from the detainee as a civil party in the prosecution for the offence for which latter was
detained.
ARTICLE 434-35
(Ordinance no. 2000-916 of 19 September 2000 Art. 3 Official Journal of 22 September 2000 in force on 1 January
2002)
(Act no. 2003-239 of 18 March 2003. Art. 73 I Official Journal of 19 March 2003)
A penalty of one year's imprisonment and a fine of €15,000 is incurred by anyone who, in any place whatever,
delivers to a detained person or procures for or receives from him any money, correspondence, articles or substances
other than those permitted by regulations, or who communicates with a detainee in circumstances other than those
permitted by regulations.
The penalty is increased to three years' imprisonment and to a fine of €45,000 where the convicted person was
entrusted with the supervision of detained persons or where he was authorised by his position to enter a penitentiary
institution or to approach detainees in any capacity.