French Courts Jurisdiction Over Crimes Committed Abroad

Extract

[...] However, it appears from the statement that, unlike the first act, the second was committed outside of French territory, namely in Brazil. Article 113-6 of the Penal Code provides that : « The French penal law is applicable to any crime committed by a French national outside the territory of the Republic. It is applicable to offenses committed by French nationals outside the territory of the Republic if the acts are punishable by the legislation of the country where they were committed. [...]

[...] Thus, the reciprocal incrimination of the offense between the two countries is lacking. As a result, Camille cannot be prosecuted and condemned by French courts. Would your answer be the same if the first act had also been committed by Camille in Brazil and not in Bordeaux? The fact that all the facts have taken place in Brazil does not change the reasoning. In this hypothesis, the lack of reciprocity of incrimination and the principle of non-retroactivity of the more severe penal law would prevent all prosecution and condemnation of Camille. [...]

[...] A French L2 law that came into effect on 7 April 2020 transforms the habitual offence into a simple and instantaneous offence: a single act is now sufficient to trigger repression. Camille commits, on 9 April 2020, a second act corresponding to the defined act, in Brazil (the country where the offence was decriminalised on 2 April 2020). Can French courts sentence Camille to a criminal penalty? A French L1 law creates a habitual offence. This means that in order for the offence to be constituted, it is necessary to demonstrate a repetition of at least two similar acts. [...]

[...] As of 30 March 2020, Camille commits a first act. The repetition of the act capable of consummating the offence provided for by L1 takes place only on 9 April 2020. However, a French L2 law, which came into force before Camille committed the second act, has transformed the habitual offence provided for by L1 into a simple offence. From now on, the commission of a single act is sufficient to consummate the offence. Article 112-1 of the Penal Code provides that : « Only the facts constituting an offence at the time they were committed are punishable. [...]