Criminal Law

Complicity

By definition, an accomplice is not the person who commits the offence. However, the Criminal Code provides that an accomplice is subject to the same penalties as those incurred by the principal offender.

Thus, whether a person is the principal offender or an accomplice has no impact on the penalties incurred.

To be recognized as an accomplice under French law, three elements are required.

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.

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.

Threats


Threatening to commit a felony or a violent misdemeanour against another person is an offence punishable under Articles 222-17 and 222-18 of the French Criminal Code, whether the threat is made on its own or accompanied by an order to fulfil a condition.

A simple threat is punishable by 6 months’ imprisonment and a fine of €7,500, and the penalties are increased in the event of aggravating circumstances (where the threat is accompanied by an order to fulfil a condition, where it is made by a spouse, cohabiting partner or civil union partner, etc.).

Administration of Harmful Substances

Poisoning consists of attempting to take another person's life by using or administering substances capable of causing death. 

It is provided for and punishable under Article 221-5 of the French Criminal Code and is distinct from murder and the administration of harmful substances.

Poisoning

Poisoning consists of attempting to take another person's life by using or administering substances capable of causing death. 

It is provided for and punishable under Article 221-5 of the French Criminal Code and is distinct from murder and the administration of harmful substances.