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(unofficial translation, emphasis added)

Criminal Code of France (excerpts)

 

Hate Crime Laws:
Type:  GPE (aggravating circumstance) & SPE (assault, threats, extortion, damage to property, torture, murder/manslaughter, theft, grave desecrations)

Bias motivations:
- ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity
- gender identity added (in August 2012, by Loi n° 2012-954 du 6 août 2012 relative au harcèlement sexuel, particularly its article 4; according to government instruction, this term covers also the trans people)

Hostility/demonstration model: preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim

Mistake in perception: actual or supposed membership or non-membership


HATE CRIME LAWS:

DEFINITIONS

ARTICLE 132-76
(Inserted by Act no. 2003-88 of 3 February 2003 Art. 1 Official Journal of 4 February 2003) (Act no. 2004-204 of 9 March 2004 article 12 I, article 38 Official Journal of 10 March 2004)
Where provided for by law, the penalties incurred for a felony or a misdemeanour are increased when the offence is committed because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion.

The aggravating circumstances defined in the first paragraph are established when the offence is preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim, or a group of persons to which the victim belongs, on account of their actual or supposed membership or non-membership of a given ethnic group, nation, race or religion.

ARTICLE 132-77
(Inserted by Act no. 2003-239 of 18 March 2003 Art. 47 Official Journal of 19 March 2003)
In the cases provided for by law, the penalties incurred for a felony or a misdemeanour are increased where the offence is committed because of the victim's sexual orientation or gender identity.

The aggravating circumstances defined in the first paragraph are established when the offence is preceded, accompanied or followed by written or spoken words, images, objects or actions of whatever nature which damage the honour or the reputation of the victim, or a group of persons to which the victim belongs, on account of their actual or supposed sexual identity.

OFFENCES
Murder

ARTICLE 221-4
(Act no. 2003-88 of 3 February 2003 Article 2 Official Journal of 4 February 2003) (Act no. 2003-239 of 18 March 2003 Article 47 II, Article 60 I, II Official Journal of 19 March 2003 Correction JORF 5 June 2003) (Act no. 2004-204 of 9 March 2004 article 6 I Official Journal of 10 March 2004)
Murder is punished by criminal imprisonment for life where it is committed:
(…)
because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
because of the sexual orientation or gender identity of the victim;
(…)

Torture
ARTICLE 222-1
The subjection of a person to torture or to acts of barbarity is punished by fifteen years' criminal imprisonment.
(…)
ARTICLE 222-2
The offence defined under article 222-1 is punished by criminal imprisonment for life where it precedes, accompanies or follows a felony other than murder or rape.
(…)
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:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Manslaughter
ARTICLE 222-7
Acts of violence causing an unintended death are punished by fifteen years' criminal imprisonment.
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:
(…)
5°bis because of the victim's membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Physical Assault
ARTICLE 222-9
Acts of violence causing mutilation or permanent disability are punished by ten years' imprisonment and a fine of €150,000.
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:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

ARTICLE 222-11
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
Acts of violence causing a total incapacity to work for more than eight days are punished by three years' imprisonment and a fine of €45,000.
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
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)
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:
(…)
5°bis because of the victim's actual or supposed membership or non-membership of a given ethnic group, nation, race or religion;
5°ter because of the sexual orientation or gender identity of the victim;
(…)

Threats
ARTICLE 222-17:
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
A threat to commit a felony or a misdemeanour against persons, the attempt to commit which is punishable, is punished by six months' imprisonment and a fine of €7,500, if it is repeated, or evidenced by a written document, picture or any other object.
The penalty is increased to three years' imprisonment and to a fine of €45,000 where the threat is one of death.
ARTICLE 222-18
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
A threat to commit a felony or a misdemeanour against persons, made by any means, is punished by three years' imprisonment and a fine of €45,000 where the threat is made together with an order to fulfill a condition.
The penalty is increased to five years' imprisonment and to a fine of €75,000 where the offence is a threat of death.
ARTICLE 222-18-1
(Act no. 2001-504 of 12 June 2001 article 7 Official Journal of 13 June 2001) (Act no. 2004-204 of 9 March 2004 article 39 I Official Journal of 10 March 2004) (Act no. 2004-204 of 9 March 2004 article 39 II Official Journal of 10 March 2004)
Where threats contrary to the first paragraph of article 222-17  are committed because of the victim's membership or non-membership, true or supposed, of any given ethnic group, nation, race or religion, they are punishable by two years' imprisonment and by a fine of €30,000. Threats contrary to the second paragraph of that article or contrary to the first paragraph of article 222-18 [are punishable by five years' imprisonment and by a fine of €75,000, and those contrary to the second paragraph of article 222-18 are punishable by seven years' imprisonment and a by a fine of €100, 000. The same penalties are incurred where the threats were made because of the victim's true or supposed sexual orientation or gender identity.

Rape
ARTICLE 222-23

Any act of sexual penetration, whatever its nature, committed against another person by violence, constraint, threat or surprise, is rape. Rape is punished by fifteen years' criminal imprisonment.
ARTICLE 222-24
(Act no. 1998-468 of 17 June 1998 Article 13 Official Journal of 18 June 1998)
(Inserted by Act no. 2003-239 of 18 March 2003 Article 49 Official Journal of 19 March 2003)

Rape is punished by twenty years' criminal imprisonment
1° where it causes mutilation or permanent disability;
2° where it is committed against a minor under the age of fifteen years;
3° where it is committed against a person whose particular vulnerability, due to age, sickness, an infirmity, a physical or psychological disability or to pregnancy, is apparent or known to the perpetrator;
4° where it is committed by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim;
5° where it is committed by a person misusing the authority conferred by his position;
6° where it is committed by two or more acting as perpetrators or accomplices;
7° where it is committed with the use or threatened use of a weapon;
8° where the victim has been brought into contact with the perpetrator of these acts through the use of a communications network, for the distribution of messages to a non-specified audience;
9° where it is committed because of the sexual orientation or gender identity of the victim.

Other sexual aggressions

ARTICLE 222-29
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
Sexual aggressions other than rape are punished by seven years' imprisonment and a fine of €100,000 where they are committed against:
1° a minor under the age of fifteen years;
2° a person whose particular vulnerability due to age, sickness, infirmity, to a physical or psychological disability or to pregnancy, is apparent or known to the perpetrator.
ARTICLE 222-30
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
(Act no. 2003-239 of 18 March 2003 Article 47 IX Official Journal of 19 March 2003)

The offence defined under article 222-29 is punished by ten years' imprisonment and a fine of €150,000:
1° where it has caused an injury or a lesion;
2° where it is committed by a legitimate, natural or adoptive ascendant or by any other person having authority over the victim;
3° where it is committed by a person misusing the authority conferred by his position;
4° where it is committed by two or more acting as offenders or accomplices;
5° where it is committed with the use or threatened use of a weapon;
6° where it is committed because of the sexual orientation or gender identity of the victim.

Desecration of corpses and graves
ARTICLE 225-17
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
Any violation of the physical integrity of a corpse, by any means, is punished by one year's imprisonment and a fine of €15,000. The violation or desecration of tombs, burials grounds or monuments erected to the memory of the dead, committed by any means, is punished by one year's imprisonment and a fine of €15,000. The penalty is increased to two years' imprisonment and to a fine of €30,000 where the offences defined under the previous paragraph were accompanied by a violation of the physical integrity of the corpse.
ARTICLE 225-18
(Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002)
Where the offences defined under the previous article were committed by reason of the membership or non-membership, true or supposed, of the deceased persons to any given ethnic group, nation, race or religion, penalties are increased to three years' imprisonment and to a fine of €45,000 in for the offences defined under the first two paragraphs of article 225-17 and to five years' imprisonment and to a fine of €75,000 in relation to the offence defined by the last paragraph of that article.

Theft
ARTICLE 311-1
Theft is the fraudulent appropriation of a thing belonging to another person.
ARTICLE 311-2
Dishonest appropriation of energy to the prejudice of another person is assimilated to theft.
ARTICLE 311-3
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)
Theft is punished by three years' imprisonment and a fine of €45,000.
ARTICLE 311-4
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002) (Act no. 2004-204 of 9 March 2004 article 40 I Official Journal of 10 March 2004)
Theft is punished by five years' imprisonment and a fine of €75,000:
(…)
where it is committed because of the victim's membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity.
(…)

Extortion
ARTICLE 312-2:
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002)
Extortion is punished by ten years' imprisonment and a fine of €150,000:
(…)
3° when it is committed because of the victim's membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity.

Property damage

ARTICLE 322-1
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000, in force 1 January 2002) (Act no. 2002-1138 of 9 September 2002 Article 24 Official Journal of 10 September 2002)
Destroying, defacing or damaging property belonging to other persons is punished by two years' imprisonment and a fine of €30,000, except where only minor damage has ensued.
Drawing, without prior authorisation, inscriptions, signs or images on facades, vehicles, public highways or street furniture is punished by a fine of €3,750 and by community service where only minor damage has ensued.
ARTICLE 322-2
(Act no. 95-877 of 3 August 1995 Article 26 Official Journal of 4 August 1995) (Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September in force 1 January 2002) (Act no. 2002-5 of 4 January 2002 Article 27 Official Journal of 5 January 2002 (Act no. 2002-1138 of 9 September 2002 Article 24 (Official Journal of 10 September 2002) (Act no. 2003-88 of 3 February 2003.Article 8 Official Journal of 4 February 2003)
The offence under the first paragraph of article 322-1 is punished by three years' imprisonment and a fine of €45,000, and the offence under the second paragraph of article 322-1 by a fine of €7,500 and community service where the property destroyed, defaced or damaged is:
(…)
Where the offence defined in the first paragraph of article 322-1 is committed because of the owner or user of the property's membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion, the penalties incurred are also increased to 3 years' imprisonment and by a fine of €45, 000.
ARTICLE 322-6
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002) (Act no. 2004-204 of 9 March 2004 article 32 I Official Journal of 10 March 2004)
Destroying, defacing or damaging property belonging to other persons by an explosive substance, a fire or any other means liable to create a danger to other persons is punished by ten years' imprisonment and a fine of €150,000.
Where this is a forest fire, or fire in woodland, heathland, bush, plantations, or land used for reforestation and belonging to another person, and takes place in conditions so as to expose people to bodily harm or to cause irreversible environmental damage, the penalties are increased to fifteen years' criminal imprisonment and to a fine of €150,000.
ARTICLE 322-8
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January 2002) (Act no. 2003-88 of 3 February 2003 Article 10 Official Journal of 4 February 2003) (Act no. 2004-204 of 9 March 2004 article 32 III Official Journal of 10 March 2004)
The offence defined by article 322-6 is punished by twenty years' criminal imprisonment and a fine of €150,000:
(…)
3° where it is committed because of the owner or user of the property's membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion.
(…)


ARTICLE 24
(Press Freedom Act of 29 July 1881)
Incitement to discrimination, hatred or violence on account of origin or membership of a racial or religious group
those who, by one of the means set forth at Article 23*, incite hatred or violence against a person or group of persons on account of their origin or membership or non-membership of a given ethnic group, nation, race or religion, or his true or supposed sexual orientation or gender identity.

*ARTICLE 23
speeches, shouts or threats expressed in public places or meetings, or by written words, printed matter, drawings, engravings, paintings, emblems, pictures or any other written, spoken or pictorial aid, sold or distributed, offered for sale or displayed in public places or meetings, either by posters or notices displayed for public view, or by any means of electronic communication.






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