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TITLE II. - OF TERRORISM
CHAPTER I. - OF ACTS OF TERRORISM
Article 421-1
Act no. 96-647 of 22nd July 1996 Article 1 Official Journal 23 July 1996; Act no. 98-348 of 11th May 1998 Article 37 Official Journal 12 May 1998; Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal 16 November 2001
The following offences constitute acts of terrorism where they are committed intentionally in connection with an individual or collective undertaking the purpose of which is seriously to disturb the public order through intimidation or terror:
1° willful attacks on life, willful attacks on the physical integrity of persons, abduction and unlawful detention and also as the hijacking of planes, vessels or any other means of transport, defined by Book II of the present Code;
2° theft, extortion, destruction, defacement and damage, and also computer offences, as defined under Book III of the present Code;
3° offences committed by combat organisations and disbanded movements as defined under articles 431-13 to 431-17, and the offences set out under articles 434-6, 441-2 to 441-5;
4° the production or keeping of machines, dangerous or explosive devices, set out under article 3 of the Act of 19th June 1871 which repealed the Decree of 4th September 1870 on the production of military grade weapons;
- the production, sale, import or export of explosive substances as defined by article 6 of the Act no. 70-575 of 3rd July 1970 amending the regulations governing explosive powders and substances;
- the purchase, keeping, transport or unlawful carrying of explosive substances or of devices made with such explosive substances, as defined by article 38 of the Ordinance of 18th April 1939 defining the regulations governing military equipment, weapons and ammunition;
- the detention, carrying, and transport of weapons and ammunition falling under the first and fourth categories defined by articles 4, 28, 31 and 32 of the aforementioned Ordinance;
- the offences defined by articles 1 and 4 of the Act no. 72-467 of 9th June 1972 forbidding the designing, production, keeping, stocking, purchase or sale of biological or toxin-based weapons;
- the offences referred to under articles 58 to 63 of the Act no. 98-467 of 17th June 1998 on the application of the Convention of the 13th January 1993 on the prohibition of developing, producing, stocking and use of chemical weapons and on their destruction;
5° receiving the product of one of the offences set out in paragraphs 1 to 4 above.
ARTICLE 421-2
Act no. 1996-647 of 22 July 1996 Article 2 Official Journal 23 July 1996
The introduction into the atmosphere, on the ground, in the soil or in waters, including territorial waters, of any substance liable to imperil human or animal health or the natural environment is an act of terrorism where it is committed intentionally in connection with an individual or collective undertaking whose aim is to seriously disturb public order through intimidation or terror.
ARTICLE 421-2-1
Inserted by Act no. 96-647 of 22nd July 1996 Article 2 Official Journal 23 July 1996
The participation in any group formed or association established with a view to the preparation, marked by one or more material actions, of any of the acts of terrorism provided for under the previous articles shall in addition be an act of terrorism.
ARTICLE 421-3 The maximum custodial sentence incurred for the offences provided for under article 421-1 is increased as follows where those offences constitute acts of terrorism:
1° it is raised to criminal imprisonment for life where the offence is punished by thirty years' criminal imprisonment;
2° it is raised to thirty years' criminal imprisonment where the offence is punished by twenty years' criminal imprisonment;
3° it is raised to twenty years' criminal imprisonment where the offence is punished by fifteen years' criminal imprisonment;
4° it is raised to fifteen years' criminal imprisonment where the offence is punished by ten years' imprisonment;
5° it is raised to ten years' imprisonment where the offence is punished by seven years' imprisonment;
6° it is raised to seven years' imprisonment where the offence is punished by five years' imprisonment;
7° it is raised to twice the sentence incurred where the offence is punished by a maximum of three years' imprisonment.
The first two paragraphs of article 132-23 governing the safety period are applicable to the felonies referred to under the present article, and also to the misdemeanours punished by ten years' imprisonment
ARTICLE 421-4
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
The act of terrorism set out under article 421-2 is punished by fifteen years' criminal imprisonment and a fine of € 225,000.
Where that offence causes the death of one or more persons, it is punished by criminal imprisonment for life and a fine of € 750,000.
The first two paragraphs of article 132-23 governing the safety period are applicable to the felony referred to under the present article.
ARTICLE 421-5
Act no. 96-647 of 22nd July 1996 Article 2 Official Journal 23 July 1996 into force 1 January 02
The act of terrorism defined by article 421-2-1 is punished by ten years' imprisonment and a fine of € 225,000.
The first two paragraphs of article 132-23 governing the safety period are applicable to the misdemeanour referred to under the present article.
CHAPTER II. - SPECIAL PROVISIONS
Article 422-1
Any person who has attempted to commit an act of terrorism is exempted from punishment where, having informed the judicial or administrative authorities, he makes it possible to prevent the offence taking place and, where relevant, to identify the other offenders.
ARTICLE 422-2
The custodial sentence incurred by the perpetrator or the accomplice to an act of terrorism is reduced by half where, having informed the judicial or administrative authorities, he has made it possible for the criminal behaviour to be stopped or for human fatalities or permanent injuries resulting from the offence to be avoided, and, where relevant, the other offenders to be identified.
Where the penalty incurred is criminal imprisonment for life, this penalty is reduced to twenty years' criminal detention.
ARTICLE 422-3
Natural persons convicted of any of the offences provided for under the present Title also incur the following additional penalties:
1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26. However, the maximum period of the forfeiture is raised to fifteen years in the event of a felony, and to ten years in the event of a misdemeanour;
2° prohibition, pursuant to the conditions set out under article 131-27, to hold public office or to undertake the social or professional activity in the course of which or on the occasion of the performance of which the offence was committed. However, the maximum temporary prohibition is increased to ten years;
3° area banishment, pursuant to the conditions set out under article 131-31. However, the maximum period of the banishment is raised to fifteen years in the event of a felony, and to ten years in the event of a misdemeanour.
ARTICLE 422-4
Act no. 93-1027 of 24 August 93 Article 33 Official Journal 29 August 93; Act no. 98-468 of 17th July 1998 Article 37 Official Journal 12 May 1998
Any alien convicted of any of the offences referred to under the present Title may be banished from French territory either permanently or for a maximum period of ten years in accordance with the conditions laid down under article 131-10.
The provisions of the last seven paragraphs of article 131-30 do not apply.
ARTICLE 422-5
Legal persons may incur criminal liability for acts of terrorisms set out under under the present Title, pursuant to the conditions set out under article 121-2.
The penalties incurred by legal persons are:
1° a fine, pursuant to the conditions set out under article 131-38;
2° the penalties referred to under article 131-39.
The prohibition referred to under 2° of article 131-39 applies to the activity in the course of which or on the occasion of the performance of which the offence was committed.
ARTICLE 422-6
Inserted by Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal of 16 November 2001
Natural and legal persons convicted of act of terrorism shall in addition incur the complementary penalty of confiscation of all or part of their property, whatever its nature, movable or immovable, separately or jointly owned,
ARTICLE 422-7
Inserted by Act no. 2001-1062 of 15 November 2001 Article 33 Official Journal of 16 November 2001
The product of a financial or property sanction imposed on a person convicted of an act of terrorism is allocated to the contingency fund for victims of act of terrorism and other offences.
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