Application of Penal Law in Time

Extract

[...] While the penal procedure code limited the prescription of public action to ten years, the law of 27 February 2017 extended this deadline to twenty years. As for of facts of vol à main armée, the loi relative au délai de prescription de the action publish is it of immediate application ? In law, under the fourth paragraph of Article 112-2 of the penal code, " Are immediately applicable to the repression of infractions commised avant their entrée in vigor » « When prescriptions are not acquired, the laws relating to the prescription of public action and the prescription of punishment ». [...]

[...] As a result, the 2017 law is immediately applicable, and the man can be prosecuted until 2030 for the facts of vol à main armé, vol here would be criminal, and the action publish is not so not extinguished. This solution may be justified. In in effect, the offender neither can to pretend to a right to the prescription as long as it is not acquired. Thus, the condemnation is possible. However, it is strange that the laws of prescription ne be pas submitted to even regime that the laws of procedure. [...]

[...] A law of August increased the penalty to 7 years of imprisonment and 100,000? in fine. This law relative to the execution de the penalty can she to be of application immediate ? In law, based on the third paragraph of article 112-2 of the penal code, « the laws related to regime of execution and of application of the penalties » are of application immediately. However, when the law rend the penalty plus severe in case of condemnation, she isn't applicable that for of the « condemnations pronounced for of facts commissioned subsequently » to the entry in vigor of the law. [...]

[...] In this case, if her husband is convicted to a prison sentence without suspension for both infractions, then the judges will be able to decide if they revoke completely or partially the sursis of the condemnation of the penalty of two ans of imprisonment. [...]

[...] Furthermore, at the time of the events, not assisting a minor under 15 years old was a crime punishable by 5 years in prison and 75 fine ; since a 2018 law, this crime is now punishable by 7 years in prison and a fine of 100,000?. Of plus, the governement a for project of to do a law for delete the penalties of imprisonment incurred in the matter of theft, and only the fine would be incurred if this law passed. Finally, the man comes to be condemned to a penalty of two ans of imprisonment, assortie of a suris simple total. [...]