Print PENAL CODE
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TITLE III. – VIOLATION OF THE AUTHORITY OF THE STATE
CHAPTER I. –BREACHES OF THE PUBLIC PEACE
SECTION I. – IMPEDING THE FREEDOM OF EXPRESSION, LABOUR, ASSOCIATION, ASSEMBLY OR DEMONSTRATION
ARTICLE 431-1
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Concerted obstruction, with the use of threats, to the exercise of the freedom of expression, labour, association, assembly or demonstration is punished by one year’s imprisonment and a fine of € 15,000.
Concerted obstruction to the exercise of one of the freedoms referred to under the previous paragraph with the use of blows, acts of violence, or acts of destruction or damage within the meaning of the present Code is punished by three years’ imprisonment and a fine of € 45,000.
ARTICLE 431-2
Natural persons convicted of any of the offences provided for under article 431-1 also incur the following additional penalties:
1° forfeiture of civic, civil and family rights pursuant to the conditions set out under article 131-26;
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;
3° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years.
SECTION II. –PARTICIPATION IN AN UNLAWFUL ASSEMBLY
ARTICLE 431-3
An unlawful assembly is any gathering of persons on the public highway or in any place open to the public where it is liable to breach the public peace.
An unlawful assembly may be dispersed by the forces of public order after two orders to disperse have been issued without success by the prefect, the sub-prefect, the mayor or one of his deputies, any judicial police officer in charge of public safety, or any other judicial police officer, bearing the insignia of their office.
These orders are made in a manner appropriate to inform the persons taking part in the unlawful assembly of the obligation to disperse without delay; the manner shall be specified by a Decree of the Conseil d'Etat, which shall also determine the insignia to be borne by the persons referred to under the previous paragraph.
However, the representatives of the forces of order called to disperse an unlawful assembly may directly resort to the use of force where acts of violence are carried out against themselves or if they are not in a position otherwise to protect the place they are occupying.
ARTICLE 431-4
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Wilful participation in an unlawful assembly, after the orders have been issued, committed by a person not carrying a weapon is punished by one year’s imprisonment and a fine of € 15,000.
ARTICLE 431-5
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Wilful participation in an unlawful assembly whilst carrying a weapon is punished by three years’ imprisonment and a fine of € 45,000.
Where the person carrying a weapon has wilfully continued to participate in an unlawful assembly after the orders have been issued, the penalty is increased to five years’ imprisonment and to a fine of € 75,000.
ARTICLE 431-6
Direct incitement to the gathering of an armed unlawful assembly, whether demonstrated by shouting or public speeches, or by the circulation or display or communication in any other way of writings, or by words or pictures, is punished by one year’s imprisonment and a fine of € 15,000.
Where the incitement is acted upon, the penalty is increased to seven years’ imprisonment and to a fine of € 100,000.
ARTICLE 431-7
Natural persons convicted of any of the offences provided for under articles 431-5 and 431-6 also incur the following additional penalties:
1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;
2° prohibition to hold or carry a weapon subject to authorisation, for a maximum period of five years;
3° confiscation of one or more weapons belonging to the convicted person or which are freely available to him;
4° area banishment pursuant to the conditions under article 131-31.
ARTICLE 431-8
Any alien convicted of any of the offences referred to under articles 431-5 and 431-6 may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under Article 131-10.
SECTION III. – UNLAWFUL DEMONSTRATIONS AND UNLAWFUL PARTICIPATION TO A DEMONSTRATION OR TO A PUBLIC MEETING
ARTICLE 431-9
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
The following offences are punished by six months’ imprisonment and a fine of € 7,500:
1° the organisation of a demonstration on the public highway without filing a prior notice pursuant to the conditions laid down by law;
2° the organisation of a demonstration on the public highway which has been prohibited pursuant to the conditions laid down by the law;
3° drawing up an inaccurate or incomplete notice liable to mislead about the objective or conditions of the proposed demonstration.
ARTICLE 431-10
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Participating in a demonstration or public meeting while carrying a weapon is punished by three years’ imprisonment and a fine of € 45,000.
ARTICLE 431-11
Natural persons convicted of any of the offences provided for under Article 431-10 also incur the following additional penalties:
1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;
2° prohibition to hold or carry a weapon subject to authorisation for a maximum period of five years;
3° confiscation of one or more weapons which belonged to the convicted person or which are freely available to him;
4° area banishment pursuant to the conditions under article 131-31.
ARTICLE 431-12
Any alien convicted of any of the offences referred to under article 431-10 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.
SECTION IV. – COMBAT GROUPS AND DISBANDED MOVEMENTS
ARTICLE 431-13
Unless otherwise provided by the law, a combat group is any group of persons holding or having access to weapons, which has an organised hierarchy and is liable to breach the public peace.
ARTICLE 431-14
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Participating in a combat group is punished by three years’ imprisonment and a fine of € 45,000.
ARTICLE 431-15
The open or secret participation in maintaining or re-establishing an association or group disbanded by the Act of 10th January 1936 on combat groups and private militias is punished by three years’ imprisonment and a fine of € 45,000.
Where the association or the re-established or maintained group is a combat group within the meaning of article 431-14, the penalty is increased to five years’ imprisonment and a fine of € 75,000.
ARTICLE 431-16
Ordinance no. 2000-916 of 19th September 2000 Article 3 Official Journal of 22nd September 2000 came into force the 1st January 2002
Organising a combat group is punished by five years’ imprisonment and a fine of € 75,000.
ARTICLE 431-17
The maintenance or re-establishment, whether secret or open, of a combat group disbanded under the aforementioned Act of 10th January 1936 is punished by seven years’ imprisonment and a fine of € 100,000.
ARTICLE 431-18
Natural persons convicted of any of the offences provided for under the present Section also incur the following additional penalties:
1° forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;
2° the complete or partial dissemination of the decision, or of an official statement informing the public of the reasons and the contents of the decision, pursuant to the conditions set out under article 131-35;
3° area banishment, pursuant to the conditions set out under article 131-31.
ARTICLE 431-19
Act no. 93-1027 of 24 August 1993 Article 33 Official Journal 29 August 1993
Any alien convicted of any of the offences referred to under the present Section may be banished from French territory either permanently or for a maximum period of ten years, pursuant to the conditions set out under article 131-10. The last five paragraphs of article 131-30 do not apply.
ARTICLE 431-20
Legal persons may incur criminal liability for the offences set out under the present Section, 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 431-21
Natural or legal persons convicted of the offences set out under the present Section also incur the following sentences:
1° confiscation of movable or immovable property belonging to or used by the combat group or association or by the maintained or re-established group;
2° confiscation of uniforms, insignia, emblems, weapons and any equipment used or designed to be used by the combat group or association or by the maintained or re-established group.
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Source: LEGIFRANCE http://www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm