'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' in document 'France - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 II
OBSTRUCTING THE COURSE OF JUSTICE

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.

RELEVANT ROME STATUTE PROVISIONS

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:
(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