Lois Pamela LESOT

Lois Pamela LESOT, avocate au Barreau de Paris, vous apporte conseils, assistance et défense de vos intérêts, que vous soyez auteurs ou victimes d’infractions pénales. Droit pénal, droit pénale européen et international, droit pénal des affaires, droit pénal des médias, protection des droits de l'Hommes et droits fondamentaux.

European Arrest Warrant

The European Arrest Warrant is a judicial decision issued by a Member State of the European Union (the issuing Member State) for the arrest and surrender by another Member State (the executing Member State) of a person sought for the purpose of criminal prosecution or the execution of a custodial sentence or detention order.

Extradition

Extradition is the procedure by which a State, the requested State, agrees to surrender a person located on its territory to another State, the requesting State, which seeks to prosecute them for the commission of an offense, or to enforce a sentence already passed for the commission of an offense.

Police custody

Police custody is a coercive measure -a deprivation of liberty- imposed to keep a person suspected of having committed an offence at the disposal of police officers.

Police custody is carried out by a Officer of the judicial police (“OPJ”), who immediately informs the public prosecutor, when certain conditions are met.

The person in police custody has several rights.

Rape

Rape, defined and punished by articles 222-23 et seq. of the French Criminal Code, is a crime defined as “any act of sexual penetration, of any nature, or any oral-genital act committed on another person or on the perpetrator by violence, coercion, threat or surprise”. 

Rape is punishable by 15 years’ imprisonment, or 20 years if there are aggravating circumstances.

The criminal complaint

Any person with legal capacity who considers themselves the victim of an offense can file a complaint. The complaint is not subject to any conditions, but in order for it to be effective, it may be useful to include certain information.

Sexual Assault


Sexual assault, as defined by Article 222-22 of the French Criminal Code, is a criminal offence defined as "any sexual act committed through violence, coercion, threat or surprise or, in the cases provided for by law, committed by an adult against a minor."

This offence differs from rape in that it does not involve sexual penetration.

Sexual assault is punishable by five years’ imprisonment and a fine of €75,000, excluding aggravating circumstances.