Connaitre ses droits

The flight is part of crimes against property

Written by Administrator Friday, 24 June 2011 08:44

The flight is a violent form of misappropriation of property of others.

Theft and aggravated theft

Articles 311-1 to 311-1 of the Penal Code

Theft is defined in Article 311-1 of the Penal Code as "the fraudulent removal of property of another"

Theft

Theft is punishable by three years imprisonment and a fine of € 45,000.

Robbery

Theft is punishable by five years imprisonment and a fine of € 75,000:

• 1 ° where it is committed by several persons acting as perpetrators or accomplices, but they are an organized gang;
• 2 ° where it is committed by a person holding public authority or discharging a public service mission, in the course of or in connection with the exercise of his functions or mission;
• 3 ° where it is committed by a person unlawfully assuming the quality of a person holding public authority or discharging a public service mission;
• 4 ° where it is preceded, accompanied or followed by violence against others has not caused a total incapacity to work;
• 5 ° where it is facilitated by the state of a person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or a pregnancy, is apparent or known to its author;
• 6 ° where it is committed in a dwelling or place used or intended for the storage of funds, securities, goods or materials, in entering the premises by stealth, tampering or climbing;
• 7 ° where it is committed in a vehicle used for passenger transportation or a place for access to a means of passenger transportation;
• 8 ° where it is preceded, accompanied or followed by an act of destruction, degradation or deterioration;
• 9 ° where it is committed because of membership or non-membership, real or perceived, of the victim to an ethnic group, nation, race or religion, or sexual orientation, real or supposed.

The penalty is increased to seven years imprisonment and a fine of 100,000 euros when the theft occurs in two circumstances provided for in this article. They are increased to ten years imprisonment and fine of € 150,000 when the theft occurs in three of these circumstances.

Flight with the help of minor

Theft is punished by seven years imprisonment and a 100,000 euro fine if committed by an adult with the help of one or more minors, acting as perpetrators or accomplices.
The penalty is increased to ten years imprisonment and a fine of € 150,000 when the key is assisted by one or more minors under the age of thirteen.

Theft is punished by seven years imprisonment and a fine of € 100,000 when it is preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for eight days.

Robbery with violence upon other persons causing a total incapacity to work more than eight days

Theft is punished by ten years imprisonment and a fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing a total incapacity to work for more than eight days.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.

Robbery with violence resulting in mutilation or permanent disability

Theft is punished by fifteen years' imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence upon other persons causing mutilation or permanent disability.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.

Robbery with use or threatened use of a weapon or by a person carrying a weapon

Theft is punished by twenty years' imprisonment and fine of € 150,000 when it is done with use or threatened use of a weapon or by a person carrying a weapon requiring a license or whose port is prohibited .
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.

Theft by an organized

By an organized theft is punished by fifteen years' imprisonment and fine of € 150,000.
He is punished by twenty years' imprisonment and fine of € 150,000 when it is preceded, accompanied or followed by violence against others.
He is punished by thirty years' imprisonment and fine of € 150,000 when it is done with use or threatened use of a weapon or by a person carrying a weapon requiring a license or whose port is prohibited.
The first two paragraphs of article 132-23 governing the safety period are applicable to offenses under this article.

Anyone who tried to commit theft by organized gangs is exempted from punishment if, having notified the administrative or judicial authority, it has prevented the realization of the offense and the identification, if any, other perpetrators or accomplices.
The custodial sentence incurred by the perpetrator or accomplice in a robbery gang is reduced by half if, having notified the administrative or judicial authority, it has to end the infringement under way or to avoid that the offense resulting in loss of life or permanent disability and identify, if any, other perpetrators or accomplices.

Robbery with violence causing death or accompanied by torture or acts of barbarity

Theft is punished by life imprisonment and fine of € 150,000 when it is preceded, accompanied or followed either by violence resulting in death or torture or acts of barbarity.
The first two paragraphs of article 132-23 governing the safety period are applicable to the offense under this section.

Constitutes a theft followed by violence, theft as a result of violence which were committed to facilitate the escape or to ensure the impunity of a perpetrator or an accomplice.

VOL do not give rise to criminal prosecution

Pursuant to Article 311-12
Not give rise to criminal theft by a person:

• 1 ° to the prejudice of his influence or his descendant;
• 2 ° to the prejudice of his spouse, unless the spouses are separated or allowed to live separately.

The provisions of this section shall not apply when the flight is on objects or documents essential to the daily life of the victim, such as identity documents, relating to residence or residence of a foreigner, or means of payment.

ATTEMPTED THEFT

(Article 311-13)

Attempted theft is punished the same penalties as the flight