ARTICLE 436-4
(Inserted by Act no. 2003-340 of 14 April 2003. Art. 1 Official Journal of 15 April 2003)
Natural persons convicted of the offences set out in the present chapter also incur the following additional penalties:
1° prohibition of civic, civil and family rights, pursuant to the conditions set out under article 131-26;
2° full or partial dissemination of the decision pronounced or of a communiqué informing the public of the grounds
for this pronouncement in accordance with the conditions set out under article 131-35;
3° area banishment, pursuant to the conditions set out under article 131-31.
ARTICLE 436-5
(Inserted by Act no. 2003-340 of 14 April 2003. Art. 1 Official Journal of 15 April 2003)
Legal persons may incur criminal liability, pursuant to the conditions set out under article 121-2, for the offence
outlined in article 436-2.
The penalties applicable to legal persons are:
1° a fine, pursuant to the conditions set out under article 131-38;
2° the penalties enumerated under article 131-39.
The prohibition determined under 2° of article 131-39 applies to the activity in the exercise of which or on the
occasion of the exercise of which the offence was committed.
TITLE IV
UNDERMINING PUBLIC TRUST
Articles 441-1 to 445-4
CHAPTER I
FORGERY
Articles 441-1 to 441-12
ARTICLE 441-1
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
Forgery consists of any fraudulent alteration of the truth liable to cause harm and made by any means in a
document or other medium of expression of which the object is, or effect may be, to provide evidence of a right or of a
situation carrying legal consequences.
Forgery and the use of forgeries is punished by three years' imprisonment and a fine of €45,000.
ARTICLE 441-2
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
Forgery committed in a document delivered by a public body for the purpose of establishing a right, an identity or a
capacity, or to grant an authorisation is punished by five years' imprisonment and a fine of €75,000.
The use of a forgery specified in the previous paragraph is subject to the same penalties.
The penalty is increased to seven years' imprisonment and to a fine of €100,000 where the forgery or the use of the
forgery is committed:
1° by a person holding public authority or discharging a public service mission acting in the exercise of his office;
2° habitually;
3° or with the intent to facilitate the commission of a felony or to gain impunity for the perpetrator.
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