Enacted parts

ARTICLE 132-16-1
(Inserted by Act no. 1998-468 of 17 June 1998 Article 10 Official Journal of 18 June 1998)
The misdemeanours of sexual aggression and sexual assault are considered as the same offence for the purpose
of the rules governing recidivism.
ARTICLE 132-16-2
(Inserted by Act no. 2003-495 of 12 June 2003 art. 4 III Official Journal of 13 June 2003)
For the purposes of recividism, the misdemeanours of manslaughter and the incapacitation of another person
occasioned when driving a motor vehicle, provided for by articles 221-6-1, 222-19-1 and 222-20-1 are considered to be
the same offence.
For the purposes of recividism, the misdemeanours provided by articles L.221-2, L.234-1, L.235-1 and L.413-1 of
the Traffic Code are considered to be the same offence. The are also assimilated to the misdemeanours mentioned in
the preceding paragraph when they constitute the second element in the recidivism.
Subsection 3
The imposition of penalties
Articles 132-17 to
132-22
ARTICLE 132-17
No penalty may be enforced where the court has not expressly imposed it.
The court may decide to impose only one of the penalties applicable to the offence before it.
ARTICLE 132-18
Where an offence is punished by criminal imprisonment or criminal detention for life the court may impose criminal
imprisonment or detention for a term, or imprisonment for not less than two years.
Where an offence is punished by a determinate sentence of criminal imprisonment or criminal detention, the court
may impose a sentence of criminal imprisonment or detention shorter than the maximum, or a sentence of ordinary
imprisonment of not less than a year.
ARTICLE 132-19
Updated 12/10/2005 - Page 16/132

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PENAL CODE
Where an offence is punished by a sentence of imprisonment, the court may impose a sentence of imprisonment for
less than the maximum term.
The court may only impose an immediate custodial sentence for a misdemeanour on giving special grounds for
such a choice of penalty.