This document discusses various aspects of fraud and recel offenses, including connectivity with the original offense, remission of the object, and the principles of recel bénéfice.
Extract
[...] Jurisprudence constant which has been the subject of penal consecration. The legislator has set a deadline > the report cannot exceed : - twelve years after the day of the commission of facts in the matter of misdemeanors - thirty years after the day of the commission of facts in the matter of crimes La tentative Doctrine : impossibility to incriminate the attempt of abuse of trust because the commencement of execution is not possible > either there is diversion, or not BUT law 24 dDecember 2020 : admits the punishment of the attempt. [...]
[...] = it must not be that the author feels remorse / inform the victim of the deception to prevent the return of the thing. L'action civile Toute person having personalment soulfdo you perform the dommagcaused by an infringement can request repair > three hypotheses of the action holder : - person affected in their pheritage due to la remise (material damage) > that can be : *so it is the owner who has returned his own thing *so it is the owner of the property whose return has been madecarried out by a third party - person deceived having returned the property of others" (prejudice moral) > must demonstrate the reality of his prejudice. must demonstrate the reality of his prejudice. [...]
[...] - simple : 000 - aggravé : 000 Chaitre II : L'usurpation d'un immeuble Section 1 : Une protection limitée 1 - L'objet Vise deux sorts of behaviors : - protection for the building itself via the incrimination of the deinstructions / degradations / deteriorations. *without danger to people: 2 years / 30,000 EXCEPT for simple grafitis : 3 750 *danger to people (incendi, substances explosives ) - involuntary fault : 1 to 10 years / to 150 000 - voluntary fault : 10 years to life / 150,000 to 200,000 - protection through the persons of the owner (e.g. violation of domicile) Protection not extended to movable property (hence the term "limited"). [...]
[...] Presumption of tolerance for a volume of 5 liters (beyond that it's theft). BUT particular cases of abandoned things (res dandrelictae) : are voluntarily abandoned by their owner. They belong to the first occupant (who must prove the abandonment). Appreciation in concrete by the judge who must appreciate the reality of the abandonment (simple appearance of surrender) [...]
[...] depositing a sum of money into a bank account) = we invest the proceeds. The JP includes acts of administration / disposal of the proceeds = any use of the proceeds can constitute a form of money laundering through placement (e.g. acquiring a real estate property with funds from the crime).of a crime). Dissimulation > two kinds - physical operation = hiding the product - non-physical operation aimed at disguising the true nature of the operation. Facilitate the proof as concealment is a sign of bad faith of the author. [...]
