French Penal Law Application to International Crimes
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French Penal Code, international crimes, receiving stolen goods, complicity in aggravated theft, abuse of trust, Article 113-2, Article 311-8, Article 314-1
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Abstract
Analysis of French penal law application to cases involving international crimes, including receiving stolen goods and complicity in aggravated theft.
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[...] STARK 1. The complicity of attempted aggravated theft In the context of the robbery, Mr. STARK was tasked with purchasing a mask and a suit: the act of complicity was committed in France (notably in Lyon) for the commission of an offense abroad (notably in Spain). Pursuant to Article 113-5 of the Penal Code, since it is a crime punishable by imprisonment and it is imagined that the aggravated theft is repressed by Spanish legislation, French penal law will apply. 2. [...]
[...] This requires that the offense be a crime or a misdemeanor punishable by imprisonment under French law. Pursuant to Article 221-1 of the Penal Code, the penalty incurred is thirty years of criminal imprisonment. In the same way, Article 113-7 of the Penal Code requires that the proceedings be initiated at the request of the public prosecutor and that there be a complaint from the victim or an official denunciation by the authority of the country where the facts were committed. [...]
[...] For this, under Article 113-8 of the Penal Code, it is necessary that the offense be repressed by the legislation of the country where the facts were committed. We can imagine that Spanish legislation represses aggravated theft. In fact, French penal law may apply. [...]
[...] On the application of French penal law : Mr. LANNISTER commits an act of complicity by incitement in France for the commission of a main offense abroad. Pursuant to Article 113-5 of the Penal Code, French penal law may apply to him. 2. The quality of author of kidnapping and confinement During the robbery of the mint in Madrid, Mr. LANNISTER took an employee of the mint hostage who appears to be Spanish. French penal law may apply under the principle of active personality as soon as Mr. [...]
[...] Therefore, the offense of abuse of trust is characterized by all these elements. On the application of the French penal law : Mr. BARATHEON created a website - constituting then an online means of communication - to collect funds which it turned out in reality that he would have diverted to the detriment of victims from all over Europe. Pursuant to Article 113-2-1 of the Penal Code, French penal law will apply provided that among the victims, some are of French nationality. IV- The case of Mr. LANNISTER 1. [...]
