BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE II
OFFENCES AGAINST THE HUMAN PERSON

CHAPTER II
OFFENCES AGAINST THE OR PHYSICAL OR PSYCHOLOGICAL INTEGRITY OF THE PERSON

SECTION I
WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

Paragraph 1
Torture and acts of barbarity

ARTICLE 222-3
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996)
(Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999)
(Act no. 2003-88 of 3 February 2003 Article 3 Official Journal of 4 February 2003)
(Act no. 2003-239 of 18 March 2003 Article 47 III, Article 60 I, II Official Journal of 19 March 2003)

The offence defined in article 222-1 is punished by twenty years' criminal imprisonment where it is committed :

1° against a minor under fifteen years of age ;
2° against a person whose particular vulnerability, due to age, sickness, physical or psychological disability or to pregnancy, is apparent or known to the perpetrator ;
3° against a natural or legitimate ascendant or the adoptive father or mother ;
4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, a fireman (whether professional or volunteer), the accredited warden of a building or group of buildings or an agent carrying out on behalf of the tenant the duty of caring for or watching an inhabited building in pursuance of article L. 127.1 of the Code of Construction and Habitation, in the exercise or on account of his functions or mission, when the capacity of the victim is known or apparent to the perpetrator ;
4°bis against the spouse, the ascendants and direct descendants of the persons mentioned in 4° or against any other person who habitually resides in their home, because of the duties carried out by these persons ;
4°ter against a person employed by a public transport network or any other person carrying out a public service mission or against a health professional in the exercise of his duties, where the status of the victim is apparent or known to the perpetrator ;
5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement ;

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE II
OFFENCES AGAINST THE HUMAN PERSON

CHAPTER II
OFFENCES AGAINST THE OR PHYSICAL OR PSYCHOLOGICAL INTEGRITY OF THE PERSON

SECTION I
WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

Paragraph 2
Acts of violence

ARTICLE 222-8
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996)
(Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999)
(Act no. 2003-88 of 3 February 2003 Article 4 Official Journal of 4 February 2003)
(Act no. 2003-239 of 18 March 2003 Article 47 IV, Article 60 I, II Official Journal of 19 March 2003)

The offence defined under article 222-7 is punished by twenty years' criminal imprisonment where it is committed :

1° against a minor under fifteen years of age ;
2° against a person whose particular vulnerability, due to age, sickness or infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the perpetrator ;
3° against a natural or legitimate ascendant or the adoptive father or mother ;
4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, a fireman (whether professional or volunteer), the accredited warden of a building or group of buildings or an agent carrying out on behalf of the tenant the duty of caring for or watching an inhabited building in pursuance of article L. 127.1 of the Code of Construction and Habitation,
in the exercise or on account of his functions or mission, when the capacity of the victim is known or apparent to the perpetrator ;
4°bis against the spouse, the ascendants and direct descendants of the persons mentioned in 4° or against any other person who habitually resides in their home, because of the duties carried out by these persons ;
4°ter against a person employed by a public transport network or any other person carrying out a public service mission or against a health professional in the exercise of his duties, where the status of the victim is apparent or known to the perpetrator ;
5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement ;

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE II
OFFENCES AGAINST THE HUMAN PERSON

CHAPTER II
OFFENCES AGAINST THE OR PHYSICAL OR PSYCHOLOGICAL INTEGRITY OF THE PERSON

SECTION I
WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

Paragraph 2
Acts of violence

ARTICLE 222-10
(Act no. 96-647 of 22 July 1996 Article 13 Official Journal of 23 July 1996)
(Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999)
(Act no. 2003-88 of 3 February 2003 Article 5 Official Journal of 4 February 2003)
(Act no. 2003-239 of 18 March 2003 Article 47 V, Article 60 1, II Official Journal of 19 March 2003)

The offence defined under Article 222-9 is punished by fifteen years' criminal imprisonment where it is committed :

1° against a minor under fifteen years of age ;
2° against a person whose particular vulnerability, due to age, sickness or infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the perpetrator ;
3° against a natural or legitimate ascendant or the adoptive father or mother ;
4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, a fireman (whether professional or volunteer), the accredited warden of a building or group of buildings or an agent carrying out on behalf of the tenant the duty of caring for or watching an inhabited building in pursuance of article L. 127.1 of the Code of Construction and Habitation, in the exercise or on account of his functions or mission, when the status of the victim is known or apparent to the perpetrator ;
4°bis against the spouse, the ascendants and direct descendants of the persons mentioned in 4° or against any other person who habitually resides in their home, because of the duties carried out by these persons ;
4°ter against a person employed by a public transport network or any other person carrying out a public service mission or against a health professional in the exercise of his duties, where the status of the victim is apparent or known to the perpetrator ;
5° against a witness, victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of such denunciation, complaint or statement ;

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE II
OFFENCES AGAINST THE HUMAN PERSON

CHAPTER II
OFFENCES AGAINST THE OR PHYSICAL OR PSYCHOLOGICAL INTEGRITY OF THE PERSON

SECTION I
WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

Paragraph 2
Acts of violence

ARTICLE 222-12
(Act no. 96-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996)
(Act no. 98-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998)
(Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September in force 1 January 2002)
(Act no. 2002-1138 of 9 September 2002 Article 25 Official Journal of 10 September 2002)
(Act no. 2003-88 of 3 February 2003 Article 6 Official Journal of 4 February 2003)
(Act no. 2003-239 of 18 March 2003 Article 47 VI, Article 60 I, Article 78 I, II Official Journal of 19 March 2003)

The offence defined under Article 222-11 is punished by five years' imprisonment and a fine of €75,000 where it is committed

1° against a minor under fifteen years of age ;
2° against a person whose particular vulnerability, due to age, sickness or infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the perpetrator ;
3° against a natural or legitimate ascendant or the adoptive father or mother ;
4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, a fireman (whether professional or volunteer), the accredited warden of a building or group of buildings or an agent carrying out on behalf of the tenant the duty of caring for or watching an inhabited building in pursuance of article L. 127.1 of the Code of Construction and Habitation,
in the exercise or on account of his functions or mission, when the status of the victim is known or apparent to the perpetrator ;
4°bis against the spouse, the ascendants and direct descendants of the persons mentioned in 4° or against any other person who habitually resides in their home, because of the duties carried out by these persons ;
4°ter against a person employed by a public transport network or any other person carrying out a public service mission or against a health professional in the exercise of his duties, where the status of the victim is apparent or known to the perpetrator ;
5° against a witness, a victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of his denunciation, complaint or statement ;

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE II
OFFENCES AGAINST THE HUMAN PERSON

CHAPTER II
OFFENCES AGAINST THE OR PHYSICAL OR PSYCHOLOGICAL INTEGRITY OF THE PERSON

SECTION I
WILFUL OFFENCES AGAINST THE PHYSICAL INTEGRITY OF THE PERSON

Paragraph 2
Acts of violence

ARTICLE 222-13
(Act no. 96-647 of 22 July 1996 Articles 13 and 14 Official Journal of 23 July 1996)
(Act no. 98-468 of 17 June 1998 Article 16 Official Journal of 18 June 1998)
(Act no. 99-505 of 18 June 1999 Article 14 Official Journal of 19 June 1999)
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September in force 1 January 2002)
(Act no. 2002-1138 of 9 September 2002 Article 25 Official Journal of 10 September 2002)
(Act no. 2003-88 of 3 February 2003 Article 7 Official Journal of 4 February 2003)
(Act no. 2003-239 of 18 March 2003 Article 47 VII, Article 60 I, Article 78 I, II Official Journal of 19 March 2003)

Acts of violence causing an incapacity to work of eight days or less or causing no incapacity to work are punished by three years' imprisonment and a fine of €45,000 where they are committed :

1° against a minor under fifteen years of age ;
2° against a person whose particular vulnerability, due to age, sickness or infirmity, to a physical or psychological disability, or to pregnancy, is apparent or known to the perpetrator ;
3° against a natural or legitimate ascendant or the adoptive father or mother ;
4° against a judge or prosecutor, a juror, an advocate, a legal professional officer or a public officer, a member of the gendarmerie, a civil servant of the national police, customs, the penitentiary administration or against any other person holding public authority or discharging a public service mission, a fireman (whether professional or volunteer), the accredited warden of a building or group of buildings or an agent carrying out on behalf of the tenant the duty of caring for or watching an inhabited building in pursuance of article L. 127.1 of the Code of Construction and Habitation,
in the exercise or on account of his functions or mission, when the status of the victim is known or apparent to the perpetrator ;
4°bis against the spouse, the ascendants and direct descendants of the persons mentioned in 4° or against any other person who habitually resides in their home, because of the duties carried out by these persons ;
4°ter against a person employed by a public transport network or any other person carrying out a public service mission or against a health professional in the exercise of his duties, where the status of the victim is apparent or known to the perpetrator ;
5° against a witness, a victim or civil party, either to prevent him from denouncing the action, filing a complaint or making a statement before a court, or because of his denunciation, complaint or statement ;

BOOK IV
FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE III
VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER IV
PERVERTING THE COURSE OF JUSTICE

SECTION I
OBSTRUCTING THE INTERVENTION OF JUSTICE

ARTICLE 434-4
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

Where it is done in order to obstruct the discovery of the truth, a penalty of three years' imprisonment and a fine of €45,000 applies to :

1° modifying the scene of a felony or a misdemeanour either by the alteration, falsification or obliteration of clues or evidence, or by bringing, removing or suppressing any given article ;
2° destroying, purloining, concealing or altering a private or public document or an article liable to facilitate the discovery of a felony or a misdemeanour, the search for evidence or the conviction of the guilty party.

Where the acts provided for under the present article are committed by a person who, because of his position, is called to take part in the discovery of the truth, the penalty is increased to five years' imprisonment and to a fine of €75,000.

BOOK IV
FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE III
VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER IV
PERVERTING THE COURSE OF JUSTICE

SECTION II
OBSTRUCTING THE COURSE OF JUSTICE

ARTICLE 434-8
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

Any threat or any intimidation directed against a judge or prosecutor, a juror or any other member of a court, an arbitrator, an interpreter, an expert or the lawyer of a party, with a view to influencing his behaviour in the discharge of his office, is punished by three years' imprisonment and a fine of €45,000.

BOOK IV
FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE III
VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER IV
PERVERTING THE COURSE OF JUSTICE

SECTION II
OBSTRUCTING THE COURSE OF JUSTICE

ARTICLE 434-9
(Act no. 2000-595 of 30 June 2000 Article 1 Official Journal 1 July 2000)

The direct or indirect request or unlawful acceptance of offers, promises, donations, gifts or advantages, at any time, by a judge or prosecutor, a juror or any other member of court of law, an arbitrator or an expert appointed either by a court or by the parties, or by a person appointed by a judicial authority to carry out conciliation or mediation, in return for performing or abstaining from performing an act of his office, is punished by ten years' imprisonment and a fine of
€150,000.

Yielding to the solicitations of a person described in the previous paragraph, or to a proposal of any offer, promise, donation, gift or reward with a view to obtaining from such a person the performance or non-performance of an act pertaining to his office at any time, is subject to the same penalties.

Where the offence referred to under the first paragraph is committed by a judge or prosecutor in favour or against a person who is being criminally prosecuted, the penalty is increased to fifteen years' criminal imprisonment and a fine of €225,000.

BOOK IV
FELONIES AND MISDEMEANOURS AGAINST THE NATION, THE STATE AND THE PUBLIC PEACE

TITLE III
VIOLATION OF THE AUTHORITY OF THE STATE

CHAPTER IV
PERVERTING THE COURSE OF JUSTICE

SECTION II
OBSTRUCTING THE COURSE OF JUSTICE

ARTICLE 434-13
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

False testimony made under oath before any court of law or before a judicial police officer acting in the exercise of a rogatory commission is punished by five years' imprisonment and a fine of €75,000.

However, the false witness is exempt from penalty where he retracts his testimony spontaneously before the decision terminating the procedure has been made by the judicial investigating authority or the court of trial.

ARTICLE 434-14
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

False testimony is punished by seven years' imprisonment and a fine of €100,000 :

1° where it is procured by the handing over of a gift or a reward ;
2° where the person against whom or in favour of whom the false testimony was committed is liable to a penalty applicable to a felony.

ARTICLE 434-15
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)

The use of promises, offers, presents, pressures, threats, acts of violence, manoeuvres or tricks in the course of proceedings or in respect of a claim or defence in court to persuade others to make or deliver a statement, declaration or false affidavit, or to abstain from making a statement, declaration or affidavit, is punished by three years' imprisonment and a fine of €45,000, even where the subornation of perjury was ineffective.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.