Law No. 2007-297 Of 5 March 2007 On The Prevention Of Crime

Original Language Title: LOI n° 2007-297 du 5 mars 2007 relative à la prévention de la délinquance

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Keywords

INTERIEUR , GENERAL CODE OF TERRITORIAL COMMUNITIES , CGCT , CODE OF SOCIAL ACTION AND FAMILIES , CASF , PENAL PROCEDURE CODE , CIVIL CODE , EDUCATION CODE , URBANISM CODE , CODE OF CONSTRUCTION AND HOUSING , CCH , ROUTE CODE , RURAL CODE , PENAL CODE , MONETARY AND FINANCIAL CODE , CMF , CODE FOR PUBLIC HEALTH , INTER-DEPARTMENTAL FUNDS FOR THE PREVENTION OF DELINQUENCY , ADVICE ON THE RIGHTS AND DUTIES OF FAMILIES , CREATING , BILL OF LAW , TRACKING , COMPUTING , SECOND CHANCE ECOLE , DELIVANCE , EDUCATIONAL INSTITUTION , FAMILY SUPPORT , IMPROVING , SCHOOL ATTENDANCE , CERTIFICATION OF COMPLETION OF TRAINING , VOCATIONAL TRAINING , COMPUTER FILE , IMPLEMENTING , AUTOMATIC PROCESSING , OBLIGATION , ENABLING , FUNDING

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JORF No. 0056 of 7 March 2007 Page 4297
Text N ° 1



ACT No. 2007-297 of 5 March 2007 on the prevention of delinquency (1)

NOR: INTX0600091L ELI: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/INTX0600091L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/2007-297/jo/texte


The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council n ° 2007-553 DC of 3 March 2007 ;
The President of the Republic enacts the following:

  • Chapter I: General Provisions Item 1 Read more about this Article ...


    The general code of the local authorities is thus modified:
    1 ° In Article L. 2211-1, after the words: " Public safety ", are inserted the words: And the prevention of crime " ;
    2 ° Article L. 2211-3 reads as follows:
    " Art. L. 2211-3. -The mayor shall be informed without delay by the local authorities of the police or national gendarmerie of offences causing a disturbance to public order in the territory of its
    . The Mayor shall be informed, at his request, by Prosecutor of the Republic, unseer rankings, alternative measures to prosecution or prosecution where these decisions concern offences referred to in the first paragraph.
    " The Mayor shall also be informed, at his request, by Prosecutor of the Republic, final judgments or appeals lodged where those decisions relate to offences referred to in the first paragraph or reported by him pursuant to the second paragraph of Article 40 of the Code of Criminal procedure.
    " The information referred to in the preceding three paragraphs shall be transmitted in accordance with Article 11 of the same Code. " ;
    3 ° After Article L. 2211-3, are inserted two Articles L. 2211-4 and L. 2211-5 thus written:
    " Art. L. 2211-4. -Subject to the powers of the judicial authority and in accordance with the powers of the representative of the State, the powers of social action entrusted to the department and the powers of the public authorities, institutions and The Mayor animates the crime prevention policy within the territory of the municipality and coordinates its implementation.
    " In communes with more than 10 000 inhabitants and in municipalities comprising an urban area As defined by the 3 of Article 42 of Act No. 95-115 of 4 February 1995 for the development and development of the territory, the Mayor or his designated representative under the conditions laid down in Article L. 2122-18 A local crime prevention and safety council set up under conditions laid down by decree. Where, pursuant to Article L. 5211-59, an inter-communal safety and crime prevention council is hereby established, the establishment by the municipalities of the public establishment of inter-communal cooperation of a local council of Security and crime prevention is optional.
    " Art. L. 2211-5. -The local crime prevention and prevention council may constitute one or more working groups and exchanges of information with a territorial or thematic
    . Facts and information of a confidential nature Exchanges in the framework of these working groups cannot be communicated to third parties. " ;
    4 ° After Article L. 2512-13, an Article L. 2512-13-1 reads as follows:
    " Art. L. 2512-13-1. -Subject to the powers of the judicial authority and within the framework of their respective powers, the Police Prefect and the Mayor of Paris animate the crime prevention policy and coordinate its implementation in Paris
    They President of the local crime prevention and prevention council set up under conditions laid down by decree. " ;
    5 ° Article L. 2215-2 reads as follows:
    " Art. L. 2215 -2. -Subject to the provisions of the Code of Criminal Procedure relating to the exercise of the judicial police mission, the State representative in the department associates the mayor with the definition of measures to combat insecurity and informs him Regular results achieved. The terms of the mayor's association and information can be defined by conventions that the mayor signs with the state.
    " Crime prevention activities carried out by local authorities and their institutions They should not be incompatible with the crime prevention plan adopted by the State representative in the département under conditions laid down by decree. " ;
    6 ° Article L. 2512-15 reads as follows:
    " Art. L. 2512-15. -Subject to the provisions of the Code of Criminal Procedure relating to the exercise of the judicial police mission, the prefect of the police associates the Mayor of Paris with the definition of measures to combat insecurity and regularly informs the Results obtained.
    " The terms of the association and the information of the mayor mentioned in the first subparagraph may be defined by conventions that the mayor signs with the
    . The prevention of delinquency conducted by The Paris Department, the commune of Paris and their public establishments must not be incompatible with the crime prevention plan agreed jointly by the prefect of Paris and the prefect of police under conditions laid down by the Decree. " ;
    7 ° The second paragraph of Article L. 3214-1 reads as follows:
    " The General Council shall contribute to the prevention of delinquency in the exercise of its powers of social action. It shall decide on the organisation and financing of health and social services and actions which fall within its competence, in particular actions which contribute to the policy of crime prevention. For the implementation of crime prevention activities in the communes defined in the second subparagraph of Article L. 2211-4 or the public institutions for inter-communal cooperation defined in Article L. 5211-59, a convention between the Common or public institution of intercommunal cooperation concerned and the département determines the priority territories, the municipal and departmental means committed and their mode of coordination, the organisation of monitoring and evaluation The actions implemented. " ;
    8 ° After Article L. 5211-58, are inserted two Articles L. 5211-59 and L. 5211-60 thus written:
    " Art. L. 5211-59. -When a public institution of inter-communal cooperation on its own taxation exercises jurisdiction over local crime prevention schemes, its President shall lead and coordinate, subject to the police powers of the mayors of the Member States, the actions which contribute to the exercise of that competence. Except as opposed by one or more municipalities representing at least one half of the total population concerned, the President of the public establishment or a Vice-President designated under the conditions laid down in Article L. 5211-9 shall preside Intercommunal security and crime prevention set up under conditions laid down by decree.
    " The inter-communal safety and crime prevention council may constitute one or more working groups within its own group. And exchange of information on a territorial or thematic basis. The facts and information of a confidential nature exchanged within the framework of these working groups shall not be disclosed to third
    . Art. L. 5211-60. -Where a public institution of inter-communal cooperation exercises jurisdiction over local crime prevention schemes, it may decide, subject to the agreement of the municipality of settlement, competent public authority to the Purpose of Article 10 of Act No. 95-73 of 21 January 1995 of orientation and programming relating to security, to acquire, install and maintain video surveillance devices. It may make available to the employee community (s) interested in viewing the images. "

    Article 2


    After Article L. 121-1 of the Code of Social Action and Families, it is inserted an article L. 121-1-1 thus written :
    " Art. L. 121-1-1. -A convention between the State, the département and, where appropriate, the municipality may provide for the conditions under which one or more social workers participate, within the police stations of the national police and the groups of the National gendarmerie, to a preventive mission to the attention of the public in distress. "

    Item 3


    I. -The code of social action and families is thus amended:
    1 ° After 3 ° of Article L. 121-2, it is Inserted a 4 ° thus written:
    " 4 ° Crime prevention measures. " ;
    2 ° Article L. 121-6 reads as follows:
    " Art. L. 121-6. -By convention with the department, a municipality may directly exercise all or part of the powers which, in the field of social action, are assigned to the department under Articles L. 121-1 and L. 121-2.
    " The Convention Specifies the extent and financial conditions of the delegation of competence, as well as the conditions under which the relevant departmental services are made available to the municipality. "
    II. -The general code of the local authorities is thus amended:
    1 ° Article L. 5214-16 is supplemented by a VII so worded:
    " VII. -By convention with the Department, a community of communes may exercise directly all or part of the competences which, in the field of social action, are attributed to the Department under Articles L. 121-1 and L. 121-2 of the Code of Social action and families.
    " The Convention specifies the scope and financial conditions of the delegation of competence, as well as the conditions under which the relevant departmental services are made available to the Community of communes. " ;
    2 ° III of Article L. 5215-20 is thus amended:
    a) Words: " Of social assistance entrusted to him or her " Are replaced by the words: " Which, in the field of social action, are assigned to the department under Article L. 121-1 and L. 121-2 of the Code of Social Action and Families " ;
    (b) An additional paragraph is added:
    " The Convention specifies the scope and financial conditions of the delegation and the conditions under which the services Corresponding departmental are made available to the urban community. " ;
    3 ° V of Article L. 5216-5 is modified as follows:
    a) Words: " Of social assistance entrusted to him or her " Are replaced by the words: " Which, in the field of social action, are assigned to the department under Article L. 121-1 and L. 121-2 of the Code of Social Action and Families " ;
    (b) An additional paragraph is added:
    " The Convention specifies the scope and financial conditions of the delegation and the conditions under which the services Corresponding departmental are made available to the community of agglomeration. "

    Item 4 More about this Article ...


    After Article L. 2212-9 of the General Code of Territorial Communities, a Article L. 2212-10 reads as follows: '
    ' Art. L. 2212-10. -The communes of less than 20 000 inhabitants forming a group of less than 50 000 inhabitants of a single holding may have one or more municipal police officers in common, competent in the territory of each of
    . During The exercise of their duties in the territory of a municipality, these agents shall be placed under the authority of the mayor of that
    . Each municipal police officer shall be made available to other municipalities by the municipality which Employment under conditions laid down in a convention transmitted to the representative of the State in the département. This Convention, concluded between all the municipalities concerned, specifies the arrangements for organising and financing the pooling of agents and their equipment.
    " These municipalities shall establish a Convention for the Coordination of Intervention by the municipal police with the services of the State in the forms provided for in Article L. 2212-6
    Where appropriate, the application for a port of arms provided for in Article L. 412-51 of the code of communes shall be established jointly by All the mayors of these communes. They shall designate among them the authority which shall be authorized by the Prefect to acquire and hold arms.
    " A municipality belonging to a public institution of inter-communal cooperation in the field of taxation shall not pool agents of Municipal police when making agents available to municipalities under the conditions laid down in Article L. 2212-5 of this
    . A decree of the Council of State shall lay down the rules for the application of this Article. "

    Item 5 Learn more about this Article ...


    It is created within the National Agency for Social Cohesion and Equal Opportunities, established by Act No. 2006-396 of 31 March 2006 for equal opportunities, an inter-ministerial fund for the prevention of Delinquency, intended to finance the implementation of actions in the framework of the crime prevention plans defined in Article L. 2215-2 of the General Code of Local and Regional Authorities and in the context of the contractualization implemented Between the State and the territorial authorities in matters relating to the policy of the city defined in the last paragraph of Article L. 121-14 of the Code of Social Action and Families.
    This fund receives the share of the appropriations delegated by the State to this agency, To finance measures for the prevention of delinquency, as well as an amount levied on the proceeds of the standard traffic police fines provided for in Article L. 2334-24 of the General Code of Local and Regional Authorities, determined
    The Interdepartmental Crime Prevention Committee sets the guidelines and coordinates the use of the funds in this fund. In accordance with these guidelines, the Agency's Management Board approves the corresponding intervention programmes and allocates the appropriations between the departments. These appropriations are delegated to the representative of the State in the département.
    It is reported once a year to the territorial authorities for the prevention of delinquency of the actions financed by the fund, in relation to the financial resources committed and Objectives pursued. A summary of these reports is presented once a year to the Interdepartmental Crime Prevention Committee.
    A Council of State decree determines the conditions for the application of this article.

    Article 6 Learn more about this Article ...


    I. -Law No. 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:
    1 ° After Article 13-2, an Article 13-3 reads as follows: "
    " Art. 13-3. -The organising authorities for the collective transport of travellers shall, under conditions laid down by decree in the Council of State, contribute to the prevention of delinquency and the security of personnel and users in these Transportation. " ;
    2 ° After the first sentence of the fourth paragraph of Article 21-1, the following sentence is inserted:
    " It contributes to the prevention of delinquency and the security of personnel and users in such transport. "
    II. -After the second sentence of the first paragraph of Article 1 of Article 1 of Ordinance No 59-151 of 7 January 1959 on the organisation of passenger transport in Ile-de-France, a sentence so worded is inserted: '
    ' It connotes, in Conditions laid down by decree in the Council of State, actions for the prevention of delinquency and the securing of staff and users. "

    Item 7


    I. -The Code of Criminal Procedure is thus amended:
    1 ° In the second paragraph of Article 35, after the words: " Prosecutors of the Republic ", are inserted the words: , as regards both the prevention and the suppression of criminal offences, " ;
    2 ° After Article 39, an article 39-1 reads as follows:
    " Art. 39-1. -Within the framework of its powers in the field of alternative to prosecution, the movement and the exercise of public action, the direction of the judicial police, the control of identity and the execution of sentences, the prosecutor of the Republic ensures the prevention of criminal offences.
    " To this end, it shall lead and coordinate within the jurisdiction of the High Court the crime prevention policy in its judicial component, in accordance with the National orientations of this policy determined by the State, as specified by the Attorney General pursuant to Article 35.
    " It is also consulted by the representative of the State in the department before the latter Stops the crime prevention plan. "
    II. -Article L. 2211-2 of the General Code of Territorial Communities is supplemented by a paragraph worded as follows: '
    ' The arrangements for the exchange of information provided for in this Article may be defined by the conventions referred to in Article L. 2215-2 and L. 2512-15, also signed by the Public Prosecutor.

  • Chapter III: Provisions to limit damage to property and prevent neighbourhood disorders Article 14
    The urbanism code is thus modified:
    1 ° Article L. 111-3-1 is thus written:
    " Art. L. 111-3-1. -Development projects and the construction of collective facilities and construction programmes which, by their importance, location or characteristics, may have an impact on the protection of persons and Against threats and aggressions, must be the subject of a prior public safety study to assess the consequences.
    " A decree of the Council of State shall specify the procedures for the application of this Article. It determines:
    " -the thresholds from which development projects, collective equipment and construction programmes are subject to the obligation referred to in the first subparagraph and the conditions under which the prefect, upon request Or after the opinion of the mayor, may demarcate sectors whose particular characteristics justify the application of lower thresholds;
    " -the content of the public safety study, which must bear at least the risks that may be Train the project for the protection of people and property against delinquency and the measures envisaged to prevent them.
    " When the operation involves an establishment receiving the public, the building permit cannot be If the competent authority has found, after the opinion of the committee responsible for public safety, that the study furnished does not comply with the conditions laid down by the decree in the Council of State provided for in the second subparagraph. In the absence of a reply within two months, the opinion of the committee shall be deemed to be
    . The public safety study constitutes a non-communicable document within the meaning of Article 6 of Act No. 78-753 of 17 July 1978. Various measures to improve relations between the administration and the public and various administrative, social and tax provisions. The mayor can obtain communication from this study. " ;
    2 ° After the d of Article L. 160-1, it is inserted as follows:
    " (e) In the event of implementation, in a concerted planning area, of work required to be preceded by a public safety study in Application of Article L. 111-3-1, before the receipt of this study by the committee responsible for public safety. "

    Article 15


    Law No. 65-557 of 10 July 1965 fixing the status of the condominium of built buildings is thus amended:
    1 ° The last paragraph of Article 25 shall be deleted;
    2 ° After the fifth subparagraph (d) of Article 26, it shall be inserted as
    : (e) The procedures for opening doors for access to buildings. In the event of the total closure of the building, it must be compatible with the exercise of an activity authorized by the condominium regulations. The opening decision shall be valid until the next general meeting is held. "

    Article 16


    Article L. 127-1 of the Construction and Housing Code is supplemented by a paragraph worded as follows:
    " The Municipalities or public institutions of intercommunal cooperation exercising jurisdiction over local crime prevention arrangements may contribute to the obligation provided for in this Article when the buildings or groups Residential community buildings that are subject to the Act are particularly prone to delinquency and are subject to local security contracts. "

    Item 17


    I. -After Article L. 129-4 of the Construction and Housing Code, Article L. 129-4-1 shall be inserted as follows: Written:
    " Art. L. 129-4-1. -Where, in a room adjoining or included in a group building for primary use, the explosive or inflammable material is stored, or in breach of the safety rules applicable to it, or Conditions to create serious risks to the safety of the occupants, the mayor may, by order, cause the person responsible for the management or the enjoyment of the premises to take all necessary measures to ensure the safety of the occupants. Comply with the applicable safety rules or to put an end to the danger within a time limit fixed by it. In the absence of execution by the person who is required to do so, the mayor shall ex officio at the expense of the person; he may, if necessary, prohibit the access of the premises to the implementation of the measures
    The failure to comply with the order made in Application of the first subparagraph shall be punishable by a fine of EUR 3 750. "
    II. -In Article L. 129-5 of the same Code, the reference: L. 129-4 " Is replaced by the reference: " L. 129-4-1 ".

    Item 18


    I. -The beginning of Article 1729 of the Civil Code reads as follows: If the lessee does not use the rented thing as a good family father or employs ... (the rest without change). "
    II. -Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 is thus amended:
    1 ° The g of Article 4 is supplemented by the following words: Or non-compliance with The obligation to use rented premises peacefully, resulting from neighbourhood disturbances established by a court decision in force of res judicature." ;
    2 ° After Article 6, an article 6-1 reads as follows:
    " Art. 6-1. -After due notice, the owners of the premises for residential use must, with the exception of legitimate reasons, use the rights they have in their own right in order to stop the neighbourhood disturbances caused to third parties by People who occupy these premises. "
    III. -The general code of the local authorities is thus amended:
    1 ° In the 2 ° of Article L. 2212-2, the words: Including noise " Are replaced by the words: " Disorders " ;
    2 ° In the first paragraph of Article L. 2214-4, the Word: " Noises " Is replaced by the word: " Disorders ".

    Item 19 Learn more about this Article ...


    After Article L. 300-6 of the Town Planning Code, a Article L. 300-7 reads as follows:
    " Art. L. 300-7. -In sensitive urban areas, where the state of deterioration or the absence of maintenance by the owner (s) of a commercial set jeopardises the urban renewal of a district, the prefect, the mayor after notice of the municipal council or the President of the public establishment of competent inter-communal cooperation after the opinion of the deliberative body of the establishment may cause the owner (s) to proceed with the rehabilitation of this commercial
    . When the Or the owners have not demonstrated within three months the will to comply with the formal notice or where the rehabilitation work has not commenced within one year, the expropriation of the premises may be initiated in the Conditions laid down in the code of expropriation for reasons of public utility for the benefit of the State, the municipality, the public establishment of inter-communal cooperation or a public development institution established pursuant to Article L. 321-1 or L. 326-1. The public inquiry then deals with the expropriation project and the project to rehabilitate the commercial package.
    " An order in Council of State shall specify the conditions for the application of this Article. "

    Article 20


    I. Article L. 126-3 of the Construction and Housing Code reads as follows: '
    ' Art. L. 126-3. -The fact of holding together the common spaces or roofs of collective residential buildings by deliberately obstructing the access or free movement of persons or by preventing the proper functioning of safety and security arrangements Is punishable by two months' imprisonment and 3 750 euros fine.
    " Where such an offence is accompanied by assault or threats of any kind, it shall be punishable by six months' imprisonment and a fine of EUR 7 500. "
    II. -After the fourth paragraph (3 °) of Article 495 of the Code of Criminal Procedure, it shall be inserted as
    : 5. The offence provided for in Article L. 126-3 of the Construction and Housing Code. "

    Item 21


    I. -The road code is thus amended:
    1 ° After Article L. 121-4, it is inserted an article L. 121-4-1 Thus written:
    " Art. L. 121-4-1. -Where a notice of a lump sum surcharge concerning a contravention referred to in Article L. 121-3 has been sent by registered letter to the holder of the registration certificate which cannot justify a domicile in French territory and The payment of the fine or the claim under Article 530 of the Code of Criminal Procedure has not been made within the period of four months from the date of dispatch, the vehicle used to commit the offence may, in the case of Of the interception of the vehicle driven by that owner, shall be held until the latter pays the amount of the fine due to the agents referred to in Article L. 121-4. The same shall apply if the vehicle is driven by an agent of the holder of the registration certificate or by the representative of that holder if it is a legal person.
    " The vehicle may be impounded if this payment is not made By the person concerned and the resulting costs shall be borne by him.
    " The person shall be informed that the person may request that the prosecutor of the place of interception be notified of the application of this
    . For The application of this Article shall be deemed to be the holder of the registration certificate the person whose identity is on an equivalent document issued by the competent foreign authorities. " ;
    2 ° The first paragraph of Article L. 321-1 reads as follows:
    " Import, expose, offer, offer for sale, sell, offer for rental or induce to buy or use a moped, a motorcycle or a A motor quadricycle which has not been received or which is no longer in conformity with it shall be punished with six months' imprisonment and a fine of EUR 7 500. When the offence is committed by a professional, it is punishable by two years' imprisonment and a fine of EUR 30 000. The vehicle may be seized. " ;
    3 ° In the first paragraph of Article L. 325-7, the word " Forty-five " Is replaced by the word: " Thirty " ;
    4 ° Article L. 325-8 reads as follows:
    " Art. L. 325-8. -I.-The authority responsible for the ant shall deliver to the service responsible for the field the vehicles kept in the impoundment which it found to be abandoned at the end of the period laid down in the first subparagraph of Article L. 325-7 for sale. Those of them that the service in charge of the estate considers invendable and those who have been the subject of an unsuccessful attempt to sell them are delivered, without delay, by the authority responsible for the ant, to the destruction.
    " II. -The ownership of an abandoned vehicle in the impoundment shall be transferred, as the case may be, to the day of its disposal by the service responsible for the domain, or to the disposal of the vehicle to the person responsible for the destruction. " ;
    5 ° Article L. 325-10 is repealed;
    6 ° In Article L. 325-11, the reference: L. 325-10 " Is replaced by the reference: " L. 325-9 " ;
    7 ° In Article L. 330-2, 9 ° I, the words: Outside the European Union and The European Economic Area ' Are deleted.
    II. -In the first paragraph of Article L. 362-7 of the Environment Code, the reference: , L. 325-10 " Is deleted.

    Item 22 More about this Article ...


    I. Article 707-1 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows: '
    ' The prosecutor of the Republic also pursues the enforcement of monetary penalties imposed by the authorities Member States of the European Union, in accordance with the provisions of Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, according to Order-in-Council terms. This Decree also lays down the procedures for applying Articles 707-2 and 749 to 762 of this Code, as well as the rules applicable to the transmission for enforcement in a Member State of the European Union of sanctions Financial statements issued by the French authorities. "
    II. Article 707-3 of the Code is supplemented by a paragraph worded as follows: '
    ' The opinions provided for in this Article may also be issued to the convicted person by the Registrar of the Jurisdiction or the Registrar of the Enforcement Office. "

    Article 23 Learn more about this Article ...


    I. -Chapter II of Title I of Book II of the code of the road is thus amended:
    1 ° Its title is supplemented by the words: And facilitation of road safety awareness training courses " ;
    2 ° In Article L. 212-1, the words: Is subordinate " Are replaced by the words: " As well as the animation of road safety awareness courses referred to in Article L. 223-6 shall be subordinated " ;
    3 ° Article L. 212-2 is completed By an II thus written:
    " II. -No one may be permitted to conduct road safety education courses if the following conditions are not met:
    " 1 ° Do not have been convicted:
    " (a) A criminal penalty;
    " (b) Either Sentence imposed for an offence listed by decree in the Council of State;
    " 2 ° Meeting conditions specified by decree in the Council of State relating to the holding of a driving licence, to age, to Physical fitness and training. "
    II. -Chapter III of Title I of Book II of the same code is thus amended:
    1 ° Its title is supplemented by the words: And facilitation of road safety awareness training courses " ;
    2 ° The first paragraph of Article L. 213-1 is thus Changed:
    a) Words: " Cannot be dispensed " Are replaced by the words: " As well as the facilitation of road safety awareness training mentioned in Article L. 223-6 cannot be organised " ;
    b) Words: " Education " Are deleted.
    III. -The I and II shall enter into force on a date fixed by decree of the Council of State and no later than two years after the publication of this
    . -The second paragraph of Article L. 223-1 of the road code reads as follows: '
    ' On the date of obtaining the driver's licence, the driver's licence shall be assigned half the maximum number of points. A three-year probationary period is established. At the end of each year of this probationary period, the permit shall be increased by one sixth of the maximum number of points if no offence has been committed since the beginning of the probationary period. When the holder of the driving licence has followed an early learning of driving, this probationary period shall be reduced to two years and the increase shall be increased to one quarter of the maximum number of points. "
    V.-IA comes into effect on December 31, 2007.
    VI. -In the first sentence of Article L. 223-5 of the road code, the word: Solicit " Is replaced by the word: " Get ".
    VII. -Article L. 223-6 of the same code is thus amended:
    1 ° After the first subparagraph, a paragraph shall be inserted as
    : However, in the case of a commission of an offence which has resulted in the withdrawal of a point, that point shall be reallocated to the end of the Period of one year from the date referred to in the preceding paragraph, if the holder of the driving licence did not commit, in that interval, an infringement which gave rise to a further withdrawal of points. " ;
    2 ° The last paragraph is modified as follows:
    a) The word: " Two " Is replaced by the word: " Three " ;
    b) Words: " Subject to a lump sum penalty " Are replaced by the words: " Of the first four classes of this Code ".
    VIII. -VII applies to offences committed as of 1 January 2007 and to earlier infringements for which the payment of the lump sum fine, the issuing of the enforceable title of the lump sum fine, the execution of the composition Criminal or final conviction did not intervene.
    IX. -This article is applicable to Mayotte.

    Article 24


    I. -After Article L. 321-1 of the road code, a Article L. 321-1-1 reads:
    " Art. L. 321-1-1. -Circulation on the open roads to public traffic or to places open to public traffic or to the public with a two-wheeled motor vehicle, a motor tricycle or an unapproved motor quadricycle shall be punished by a Contravention of fifth class.
    " Confiscation, immobilization or impoundment may be prescribed under the conditions set out in Articles L. 325-1 to L. 325-9. "
    II. -Article L. 325-1 of the Code is supplemented by a paragraph worded as follows: '
    ' The immobilization of vehicles in one of the situations provided for in the two preceding paragraphs may also be decided, within the limits of their scope Competence, by the agents authorised to see infringements of this Code liable to result in such a measure. "

    Item 25


    I. -The rural code is thus amended:
    1 ° Article L. 211-11 is thus amended:
    a) In the third I, the word: " Mandated " Is replaced by the word: " Designated " ;
    b) The II and III are thus written:
    " II. -In the event of a serious and immediate danger to domestic animals or animals, the mayor or, failing that, the prefect may order that the animal be placed in a place of deposit adapted to the custody of the latter and, where appropriate, Euthanasia.
    " A dog belonging to one of the categories referred to in Article L. 211-12, who is held by a person referred to in Article L. 211-13 or who is in a place where he or she is located shall be deemed to be in serious and immediate danger Presence is prohibited by the I of Article L. 211-16, or which circulates without being muzzled and kept under the conditions laid down by the II of the same Article
    Euthanasia may occur without delay, after the opinion of a veterinarian designated by the Veterinary Services Directorate. This notice must be given no later than 48 hours after the placement of the animal. Failing that, the opinion is deemed to be favourable to euthanasia
    III. -The costs relating to the operation of the capture, transport, custody and euthanasia of the animal shall be fully borne by its owner or holder. " ;
    2 ° Article L. 211-14 is completed by an IV thus written:
    " IV. -In the event of a finding of non-declaration of the animal, the mayor or, failing that, the prefect shall cause the owner or holder of the latter to proceed with the regularization of the situation within one month. In the absence of regularization at the end of this period, the mayor or, failing that, the prefect may order that the animal be placed in a place of deposit adapted to the reception and the care of the latter and may make it proceed without delay and without further notice to the Euthanasia.
    " The costs relating to the operation of the capture, transport, custody and euthanasia of the animal shall be fully borne by its owner or holder. " ;
    3 ° Articles L. 215-1 to L. 215-3 read as follows:
    " Art. L. 215 -1. -I.-Is punishable by six months' imprisonment and EUR 7 500 for the possession of a dog belonging to the first or second categories referred to in Article L. 211-12, in contravention of the prohibition laid down in Article L. 211-13.
    " II. -Natural persons also incur the following additional penalties:
    " 1 ° The confiscation of the dog (s) concerned;
    " 2. The prohibition, for a period of up to five years, of holding a dog from the first or second Categories mentioned in Article L. 211-12.
    " III. -Legal persons who are criminally liable under the conditions laid down in Article 121 (2) of the Criminal Code of the offence provided for in the Criminal Code are liable to the following
    : 1 ° The fine, under the conditions laid down in Article 131-38 of the same Code;
    " 2 ° The confiscation of the dog (s) concerned;
    " 3 ° The prohibition, for a period of up to five years, of holding a dog from the first or second categories referred to in Article L. 211-12 of this
    . Art. L. 215 -2. -I.-A penalty of six months' imprisonment and a fine of EUR 15 000 for acquiring, giving in free or expensive, apart from the cases provided for in the third paragraph of Article L. 211-11 or the third paragraph of Article L. 211-29, to import Or to introduce into metropolitan territory, in the overseas departments and in the territorial community of Saint-Pierre-et-Miquelon of the dogs of the first category referred to in Article L. 211-12.
    " The possession of a dog Of the first category without having done its sterilization is punishable by the same penalties.
    " II. -Natural persons also incur the following additional penalties:
    " 1 ° The confiscation of the dog (s) concerned;
    " 2 ° The prohibition, for a period of up to five years, of carrying out a professional or social activity as soon as While the facilities provided by this activity have been knowingly used to prepare or commit the offence;
    " 3. The prohibition, for a period of up to five years, of holding a dog from the first or second categories mentioned in Article L. 211-12.
    " III. -Legal persons who are criminally responsible under the conditions laid down in Article 121 (2) of the Criminal Code for offences under the Criminal Code are liable to the following
    : 1 ° The fine, under the conditions laid down in Article 131-38 of the same Code;
    " 2 ° The confiscation of the dog (s) concerned;
    " 3 ° The prohibition, for a period of up to five years, of holding a dog from the first or second categories referred to in Article L. 211-12 of this
    . Art. L. 215 -3. -I.-Is punishable by six months' imprisonment and EUR 7 500 fine:
    " 1 ° The making or making of dogs for biting or using them outside the activities referred to in the first paragraph of Article L. 211-17;
    " 2 ° Carrying out a dressage activity without being the holder of the certificate of capacity referred to in Article L. 211-17;
    " 3 ° The fact of selling or disposing of objects or equipment for the purpose of biting a person not Holder of the certificate of capacity referred to in Article L. 211-17.
    " II. -Natural persons also incur the following additional penalties:
    " 1 ° The confiscation of the dog (s) concerned, of the objects or of the material used in the dressage or of the material offered for sale or transfer;
    " 2 ° The prohibition, for a period of not more than five years, of carrying on a professional or social activity, provided that the facilities provided by that activity have been knowingly used to prepare or commit the offence, under the conditions laid down in Article 131-29 of the Penal Code;
    " 3 ° The prohibition, for a period of up to five years, of holding a dog from the first or second categories referred to in Article L. 211-12 of this
    . III. -Legal persons who are criminally responsible under the conditions laid down in Article 121 (2) of the Criminal Code for offences under the Criminal Code are liable to the following
    : 1 ° The fine, under the conditions laid down in Article 131-38 of the same Code;
    " 2 ° The confiscation of the dog (s) concerned, of the objects or of the material used in the dressage or of the material offered for sale or transfer;
    " 3 ° The prohibition, for a period of up to five years, of carrying on an activity Professional or social when the facilities provided by this activity have been knowingly used to prepare or commit the offence, under the conditions laid down in Article 131-29 of the Criminal Code;
    " 4 ° Prohibition for a period of time No more than five years of holding a dog from the first or second categories referred to in Article L. 211-12 of this Code. " ;
    4 ° After Article L. 215 -2, Article L. 215 -2-1 reads as follows:
    " Art. L. 215 -2-1. -The fact, for the owner or holder of an animal retained by the administrative authority to make the declaration provided for in Article L. 211-14, not to carry out the required regularisation within the prescribed time limit shall be punished by three Month of imprisonment and 3 750 euros fine.
    " Physical persons also incur the following additional penalties:
    " 1 ° The confiscation of the dog (s) concerned in the case where euthanasia, as provided for in Article L. 211-14, was not pronounced;
    " 2. The prohibition on the holding of an animal on a permanent basis or not. "
    II. -The Penal Code is thus amended:
    1 ° In Article 131-10, after the words: Of an object "shall be inserted the words:" , confiscation of an animal " ;
    2 ° Section 131-16 is completed with a 10 ° and an 11 ° thus written:
    " 10 ° Confiscation of the animal used to commit the offence or against which the offence was committed;
    " 11 ° The prohibition, for a period of up to three years, of holding an animal. " ;
    3 ° After item 131-21, are inserted two sections 131-21-1 and 131-21-2 thus written:
    " Art. 131-21-1. -The confiscation of an animal or category of animal shall, where it is incurred as an additional penalty, concern the animal that has been used to commit or attempt to commit the offence or against which the offence was committed Committed.
    " It also applies to animals owned or otherwise freely available to the convicted person, if these animals were likely to be used to commit the offence or if the offence could have been committed to their Against.
    " The court making the confiscation of the animal provides that it shall be given to a foundation or a recognised animal protection association of public or declared utility, which may freely dispose of it.
    " If the animal has Has not been placed in the course of proceedings, the sentenced person shall, on an order made by the public prosecutor, deliver it to the body referred to in the preceding paragraph. The provisions of the fourth paragraph of Article 131-21 shall also apply.
    " Where the animal has been placed in the course of proceedings, the court ordering its confiscation may place the costs of the placement at the expense of the convicted
    . In the case of a dangerous animal, the court may order that euthanasia be carried out, where appropriate at the expense of the convicted
    . Art. 131-21-2. -Where it is incurred as a supplementary penalty, the prohibition on the holding of an animal may be restricted to certain animals or categories of animals
    When faced with a crime or a crime, this prohibition Is either final or temporary; in the latter case, it may not exceed five years. " ;
    4 ° After 9 ° of item 131-39, are inserted a 10 ° and an 11 ° thus written:
    " 10 ° Confiscation of the animal used to commit the offence or against which the offence was committed;
    " 11 ° The prohibition, Permanently or for a period of five years or more, to hold an animal. " ;
    5 ° In the first sentence of Article 131-43, the words: " The additional penalty referred to in 5 ° " Are replaced by the words: " The additional penalties mentioned at 5 °, 10 ° and 11 ° ' ;
    6 ° After 10 ° of item 222-44, are Inserted 11 ° and 12 ° thus written:
    " 11 ° Confiscation of the animal used to commit the offence;
    " 12 ° The prohibition, on a final or temporary basis, of holding an animal. " ;
    7 ° Section 434-41 is thus amended:
    (a) In the first paragraph, after the words: " Withdrawal of the permit to hunt, " shall be inserted as follows: Prohibition of holding an animal, " ;
    (b) In the second paragraph, the words: " Or all Other object " Are replaced by the words: " , any other object or animal " ;
    (c) In the last paragraph, the words " Or any other object " Are replaced by the words: " , any other object or animal ", and the words:" Or the thing Confiscated " Are replaced by the words: " , the forfeited thing or animal ".
    III. -The Government submits a report to Parliament every three years which takes stock of the implementation of all legislative and regulatory provisions relating to dangerous dogs.

    Article 26
    After Article L. 211-14 of the Rural Code, a Article L. 211-14-1 reads as follows:
    " Art. L. 211-14-1. -A behavioural assessment may be requested by the mayor for any dog he designates under Article L. 211-11. This assessment is carried out by a veterinarian chosen on a departmental list.
    " The evaluation fee is the responsibility of the dog owner.
    " An order determines the conditions under which this section applies. "

    Article 27 More about this Article ...


    Article 9 of Law No. 2000-614 of 5 July 2000 on the reception and habitat of Travellers is thus amended:
    1 ° The I is supplemented by three sub-paragraphs thus written:
    " The same Provisions shall apply to municipalities which benefit from the additional time limit laid down in Article 2 of Article 2 up to the date of expiry of that period, as well as to municipalities which have an interim location approved by the Prefect, within a time limit fixed by the prefect and not exceeding six months from the date of this approval.
    " Approval shall be granted on the basis of the location, capacity and equipment of that location, under defined conditions By decree.
    " The approval of a provisional site does not exempt the municipality from its obligations within the time limits laid down in Article 2. " ;
    2 ° The II is written:
    " II. -In the event of parking carried out in violation of the order provided for in the I, the mayor, owner or owner of the right of use of the occupied land may ask the prefect to cause the occupants to leave the
    . The formal notice Can only intervene if the parking is such as to affect the safety, security or public tranquility.
    " The implementation shall be accompanied by a period of execution which may not be less than twenty-four hours. It shall be notified to the occupants and published in the form of notices in the town hall and on the premises. Where appropriate, it shall be notified to the owner or owner of the right of use of the
    . Where the notice of leaving the premises has not been followed by an effect within the prescribed period and has not been subject to appeal in the circumstances The Prefect may proceed with the forced evacuation of mobile residences, except as opposed by the owner or owner of the right of use of the land within the time limit set for the execution of the
    . When Owner Or the holder of the right to use the land constitutes an obstacle to the implementation of the formal notice, the prefect may ask him to take all necessary measures to put an end to the interference with public safety, security or tranquility Within a fixed period of time.
    " The failure to comply with the order made pursuant to the preceding paragraph shall be punishable by a fine of EUR 3 750. " ;
    3 ° After II, it is inserted a II bis so written:
    " II bis. -The persons who are the addressees of the notice of formal notice provided for in II, as well as the owner or owner of the right of use of the land, may, within the time limit fixed by the latter, apply to the Administrative Court for its annulment. The action suspends the execution of the prefect's decision in respect of them. The President of the Court or his delegate shall act within seventy-two hours from the date of the referral. " ;
    4 ° In the first paragraph of III, the words: " And II " Are replaced by references: " , II and II bis ".

    Article 28


    Section 9-1 of Law No. 2000-614 of 5 July 2000 reads as follows:
    " Art. 9-1. -In the communes not listed in the département scheme and not mentioned in Article 9, the prefect may implement the procedure for the installation and evacuation provided for in II of the same article, at the request of the mayor, owner or The holder of the right of use of the land, with a view to putting an end to the unauthorised parking of movable residences which may affect the safety, security or public tranquillity.
    " These provisions shall not apply to Persons mentioned in the IV of Article 9. The persons subject to the notice of formal notice shall enjoy the remedies referred to in II bis of the same article. "

    Article 29


    The first paragraph of 4 ° of Article L. 2215-1 of the General Code of Local and Regional Authorities is as follows:
    " In the event of an emergency, where the perceived or foreseeable attainment of good order, safety, tranquillity and public safety requires it, and the means available to the prefect no longer enable the objectives for which it is Has police powers, the latter may, by order, for all the communes in the department or several or only one of them, requisition any property or service, require any person necessary for the operation of that service, or To the use of this property and to prescribe any useful measure until such time as the breach of public order has ceased or the conditions for maintaining it are fulfilled.

  • Chapter IV: Provisions based on integration Article 30 Read more about this Article ...


    Law n ° 2003-239 of 18 March 2003 for internal security is thus amended:
    1 ° The title of Chapter III of Title I is supplemented by the words: And the voluntary service citizen service National " ;
    2 ° Article 4 is thus amended:
    a) The first paragraph is supplemented by the following words: " As well as a voluntary service citizen of the national police for the purpose of strengthening the relationship between the Nation and the national police, To carry out missions of solidarity, social mediation and awareness-raising in respect of the law, excluding the exercise of all powers of public authority " ;
    (b) The second subparagraph is supplemented by a sentence so worded :
    " The voluntary citizen service is made up of volunteers admitted to this service by the administrative authority. " ;
    3 ° After Article 6, an article 6-1 reads as follows:
    " Art. 6-1. -To be admitted to the national police citizen volunteer service, the candidate must meet the following conditions:
    " -be of French nationality, national of a Member State of the European Union, of another State Party To the agreement on the European Economic Area or the Swiss Confederation or to reside lawfully in France for at least five years and satisfy the condition of integration laid down in Article L. 314-2 of the code of entry and residence of aliens And right of asylum;
    " -be at least seventeen years of age. If the candidate is a minor not emancipated, the agreement of his or her parents or legal representatives is required;
    " -fulfil requirements for the missions of the citizen volunteer service;
    " -have not been the subject of a Conviction of a correctional penalty or a criminal penalty in Criminal Records No. 2 or, for foreign nationals, in an equivalent document, for reasons inconsistent with the exercise of the missions.
    " The authorisation of the applicant by the administrative authority may not be granted if it results from the administrative investigation, having, where appropriate, consulted the processing of personal data managed by the police and National gendarmerie under Articles 21 and 23, that its conduct or conduct is contrary to the honour, probity, morality or nature to be detrimental to the safety of persons or property, to public security or To state security.
    " The approved volunteer is committed to a renewable term of one to five years, which confers on him the quality of a casual employee of the public service. If he carries out his duties during his working time, he shall, where the duration exceeds ten working days per calendar year, obtain the agreement of his employer under the conditions laid down in Article 6 for the voluntary reservist.
    " The undertaking may be terminated when its holder ceases to fulfil one of the conditions laid down in this Article. It may be suspended if there is a need for public order.
    " A decree in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms, determines the conditions under which candidates for service Voluntary citizen of the national police shall be informed of the consultation of the automated treatments referred to in Articles 21 and 23 of this Law. " ;
    4 ° Article 7 is thus amended:
    (a) In the first paragraph, after the word: " ", are inserted the words:" And volunteers from the voluntary service of the national police " ;
    (b) In the second paragraph, the words: " Carried out on a voluntary basis or on the obligation of availability " Are replaced by the words: " Referred to in the first subparagraph " ;
    (c) In the third paragraph, after the words: " The member "shall be inserted the words:" Or the Voluntary service citizen of the national police " And, after the words: " In respect of the Civil Reserve ' shall be inserted as follows: ' Citizen volunteer service " ;
    (d) In the fourth paragraph, after the words: " A Reservist ", are inserted the words:" Or a volunteer of the national police citizen volunteer service " ;
    (e) In the fifth paragraph, after the words: " During the period of on-reserve activity " And the words: " Outside its service in the Reserve ", shall be inserted as follows: Or in the national police citizen volunteer service ".

    Article 31


    Article 4 of the Act No. 2000-494 of 6 June 2000 establishing a National Commission on Ethics in Safety is thus amended:
    1 ° In the fourth paragraph, after the words: Prime Minister ", are inserted the words: , the Ombudsman for Republic, the President of the High Authority to Combat Discrimination and Equality " ;
    2 ° This paragraph is added as follows:
    " A Government Commissioner, appointed by the Prime Minister, sits on the committee. Assistant Commissioners may be appointed under the same conditions. They shall assist, with a consultative vote, in the work of the Committee and shall provide it with all relevant elements for the performance of its tasks. "

    Article 32


    After Article L. 121-19 of the Code of Social Action and Families, a Article L. 121-20 is inserted. :
    " Art. L. 121-20. -For access to employment by the State, local authorities, public establishments and public undertakings whose staff are subject to a statute defined by law or regulation, the age limit is extended by a time equal to the time Volunteerism in voluntary civil service.
    " This effective time is also taken into account in the calculation of seniority in the public functions of the State, the local authorities and the public institutions And the length of professional experience required for the validation of professional qualifications for the grant of a diploma in higher or technological education or a professional designation.

  • Chapter V: Provisions for the prevention of violent acts for oneself or for others Article 33


    Section 222-48-1 of the Criminal Code is supplemented by two sub-paragraphs:
    " Natural persons guilty of offences defined in Articles 222-8, 222-10, 222-12, 222-13 and 222-14 may also be sentenced to follow-up. Socio-judicial, in accordance with Articles 131-36-1 to 131-36-13, where the offence is committed either by the victim's spouse or partner or by the partner linked to the victim by a civil pact of solidarity, or by his or her Former spouse, former concubin or former partner linked to it by a civil pact of solidarity, or, on a fifteen-year-old minor, by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim
    For the offences provided for in the preceding paragraph, socio-judicial follow-up shall be compulsory in the case of habitual violence, except in the case of a sentence of imprisonment with a suspended sentence. The test or if the court considers, by a specially reasoned decision, that there is no need to make such a determination; in criminal matters, the Court of Assizes shall specifically deliberate on the delivery of a socio-judicial follow-up. "

    Item 34


    I. -The second sentence of Article 226-14 of the Penal Code reads as follows:
    " When the victim is a A minor or a person who is unable to protect himself or her because of his or her age or physical or mental incapacity, his or her agreement is not necessary; ".
    II. -The law of 29 July 1881 on freedom of the press is thus amended:
    1 ° In the last sentence of 6 ° of Article 48, the words: Or their sexual orientation " Are replaced by the words: " , their sexual orientation or their Disability " ;
    2 ° The first paragraph of Article 48-1 is supplemented by the following words: , as well as the provocation offences set out in Article 24, when the provocation relates to crimes or offences committed with the aggravating circumstance Provided for in Article 132-76 of the Penal Code " ;
    3 ° The first paragraph of Article 48-4 shall be supplemented by the following words: , as well as the provocation offences set out in Article 24, when the provocation relates to crimes or offences committed With the aggravating circumstance provided for in Article 132-77 of the Penal Code " ;
    4 ° The first paragraph of Article 48-5 is supplemented by the following words: , as well as the provocation offences provided for in Article 24, when the provocation Crimes or offences of sexual assault or committed with the aggravating circumstance provided for in Article 132-80 of the Penal Code " ;
    5 ° The first paragraph of Article 48-6 is supplemented by the following words: , as well as provocative offences Provided for in Article 24, where the provocation relates to crimes or offences aggravated by the handicap of the victim. '.
    [Provisions declared not in conformity with the Constitution by the decision of the Constitutional Council No 2007-553 DC On March 3, 2007.]

    Item 35 Learn more about this Article ...


    I. -Articles 32 to 39 of Act No. 98-468 of 17 June 1998 on the prevention and punishment of sexual offences and the protection of minors are replaced by Articles 32 to 35 Written:
    " Art. 32. - Where a document fixed by an electronically readable method in analog or digital mode presents a danger to youth due to its pornographic character, the support and each unit of its packaging Shall include in a visible, legible and unalterable manner the mention " making available to prohibited minors (Article 227-24 of the Criminal Code). This statement carries a prohibition against proposing, giving, leasing or selling the product to minors.
    " Where a document fixed by an identical process may present a risk to youth by reason of the place of the crime, the violence, Incitement to the use, possession or trafficking of narcotic drugs, incitement to excessive consumption of alcohol and discrimination or hatred against a specified person or a group of persons, the support and each unit of The packaging must be subject to a specific identification with regard to this risk. This identification, the characteristics of which are laid down by the administrative authority, is intended to limit the making available to certain categories of minors, according to their age
    Implementation of the obligation of both Previous paragraphs shall be the responsibility of the publisher or, failing that, the distributor responsible for distributing the document in France.
    " Art. 33. - The administrative authority may also prohibit:
    " 1 ° To propose, give, rent or sell to minors the documents referred to in Article 32;
    " 2. Expose the documents referred to in section 32 to the public view in Whatever place it is. However, exposure is still possible in places where minors are prohibited from access;
    " 3. To advertise, in favour of these documents, by any means. However, advertising remains possible in places where minors are prohibited from access.
    " Art. 34. - The failure to comply with the obligations and prohibitions laid down in the first subparagraph of Article 32 and Article 33 shall be punishable by one year's imprisonment and a fine of EUR 15
    . The fact, by changes in titles or supports, By means of presentation or publicity, or by any other means, to evade or attempt to evade the application of the first paragraph of Article 32 and Article 33 shall be punishable by two years' imprisonment and a fine of EUR 30
    . The Physical persons guilty of the offences provided for in the first two paragraphs shall also incur the additional penalty of forfeiture of the thing that was used to commit the offence or was intended to commit the offence or the thing that is Product.
    " Legal persons who are declared criminally liable for the offences set out in the first two paragraphs shall be liable to:
    " -the fine, under the conditions laid down in Article 131-38 of the Penal Code;
    " -the Confiscation under article 131-39 of the same code.
    " Art. 35. - The provisions of this Chapter shall not apply to documents which constitute the complete reproduction of a cinematographic work having obtained the visa provided for in Article 19 of the Code of the Cinematographic
    . However, the Documents reproducing cinematographic works to which Articles 11 and 12 of the Finance Act apply for 1976 (No 75-1278 of 30 December 1975) shall be subject to the prohibition laid down in the first paragraph of Article 32 of the This Act. "
    II. -After Article 227-22 of the Criminal Code, an Article 227-22-1 reads as follows: '
    ' Art. 227-22-1. -The fact for a major to make sexual propositions to a minor of fifteen years or to a person presenting himself as such using an electronic means of communication is punishable by two years' imprisonment and EUR 30 000 Fine.
    " These penalties are brought to five years' imprisonment and a fine of EUR 75 000 when the proposals have been followed by a meeting. "
    III. -The Code of Criminal Procedure is thus amended:
    1 ° The title of Title XVII of Book IV reads as follows: The prosecution, prosecution and judgment of offences relating to trafficking in human beings, pimping or the use of Child prostitution " ;
    2 ° After item 706-35, an article 706-35-1 reads as follows:
    " Art. 706-35-1. -In order to establish the offences referred to in Articles 225-4-1 to 225-4-9, 225-5 to 225-12 and 225-12-1 to 225-12-4 of the Criminal Code and, where these are committed by means of electronic communication, to bring them together And to seek the perpetrators, officers or judicial police officers acting in the course of the investigation or on letters rogatory may, if they are assigned to a specialised service and specially authorised for that purpose, in Conditions specified by order, proceed to the following acts without being criminally liable:
    " 1 ° Participate under a pseudonym for electronic exchange;
    " 2 ° Being in contact by this means with the persons likely to be the Authors of these offenses;
    " 3 ° Extract, transmit in response to an express request, acquire or preserve illegal content under conditions fixed by decree.
    " In the case of invalidity, such acts shall not constitute incitement To commit these offences. " ;
    3 ° After item 706-47-2, an item 706-47-3 is inserted as follows:
    " Art. 706-47-3. -In order to establish the offences referred to in Articles 227-18 to 227-24 of the Penal Code and, where these are committed by means of electronic communication, to gather the evidence and to search for the perpetrators thereof, Officers or judicial police officers acting in the course of the investigation or on letters rogatory may, if they are assigned to a specialised service and specially authorised for that purpose, under conditions specified by order, proceed to the The following acts without being criminally liable:
    " 1 ° Participate under a pseudonym for electronic exchange;
    " 2 ° Being in contact by this means with the persons likely to be the perpetrators of these offences;
    " 3 ° Extract, Transmit in response to an express request, acquire or preserve illegal content under conditions fixed by decree.
    " Such acts may not constitute an incitement to commit such offences. "
    IV. -Are applicable six months after the publication of this Law the provisions of the I of this Article amending Article 32 of Act No. 98-468 of 17 June 1998.
    V.-The Penal Code is thus
    : Sentence of the first paragraph of Article 227-22, the word " Telecommunications " Is replaced by the words: " Electronic communications " ;
    2 ° At the end of the third paragraph of Article 227-23, the word " Telecommunications " Is replaced by the Words: " Electronic communications " ;
    3 ° In the last paragraph of Article 227-24, after the words: " Written or audiovisual media ", are inserted the words:" Or communication to the public online ".

    Article 36


    Title VI of Book V of the Monetary and Financial Code is thus amended:
    1 ° Its title reads as follows: " Obligations related to the fight Against money laundering, financing of terrorist activities and prohibited lotteries, games and betting " ;
    2 ° Chapter V becomes Chapter VI and Articles L. 565-1, L. 565-2 and L. 565-3 respectively become L. 566-1, L. 566-2 and L. 566-3;
    3 ° Chapter V is reinstated:


    "Chapter V



    " Lottery control obligations,
    games and betting Prohibited


    " Art. L. 565-1. -Organizations, institutions and services governed by Title I of this book who hold or receive public funds shall apply the prohibition measures taken under this Chapter.
    " Art. L. 565-2. -The Minister for Finance and the Minister of the Interior may decide to prohibit, for a renewable period of six months, any movement or transfer of funds from natural or legal persons who organise activities of Games, betting or lotteries prohibited by the Law of 21 May 1836 on the prohibition of lotteries and the Act of 2 June 1891 to regulate the authorization and operation of horse racing, as well as Act No. 83-628 of 12 July 1983 Relative to gambling.
    " The ministers shall remove the prohibition referred to in the first subparagraph upon the request of the persons concerned by the latter when the movements or transfers of funds are carried out in the context of non-prohibited transactions On French territory.
    " The decisions of the Ministers adopted pursuant to this Article shall be published in the Official
    . Art. L. 565-3. -The prohibition measures taken under this Chapter shall be binding on any person who co-owns the funds and any person who owns a joint account of which the other holder is an owner, owner-owner, or Usufructuary referred to in the first paragraph of Article L. 565-2
    Such measures shall be effective against any creditor and any third party who may invoke rights in the funds considered even if the origin of such claims or other rights is earlier than Publishing order.
    " The measures referred to in the first subparagraph of Article L. 565-2 shall apply to movements or transfers of funds which have been issued prior to the date of publication of the decision Prohibition.
    " Art. L. 565-4. -The State shall be responsible for the injurious consequences of the implementation in good faith, by the bodies, institutions and services governed by Title I of this Book, their leaders or servants, of the prohibition measures mentioned in Article L. 565-2. No professional sanction may be imposed on such bodies, institutions or services, their leaders or servants.
    " Art. L. 565-5. -A decree of the Council of State lays down the conditions for the implementation of this Chapter, in particular the conditions under which the bodies, institutions and services governed by Title I of this Book are obliged to apply the measures Prohibition of movement or transfer of funds made under this chapter. " ;
    4 ° At the end of the last sentence of the first paragraph of Article L. 563-1, the reference: L. 565-1 " Is replaced by the reference: " L. 566-1 " ;
    5 ° In the last paragraph of Article L. 563-4, the reference: L. 565-2 " Is replaced By reference: " L. 566-2 ".

    Item 37


    I. -In the first paragraph of Article 3 of the Act of 21 May 1836 Prohibition of lotteries, amount: " 30,000 EUR " Is replaced by the amount: " 60 000 EUR ".
    II. -In the first paragraph of Article 4 of the Act of 2 June 1891 to regulate the authorization and operation of horse races, the amounts: 45,000 " And " 100,000 EUR " Are replaced by the amounts respectively: " 90,000 " And " 200 000 EUR ".

    Article 38


    I. -The last paragraph of Article 4 of the Act of 21 May 1836 is thus Changed:
    1 At the beginning, are inserted the words: " There shall be a fine of EUR 30 000 " ;
    2 ° At the end, the words: Shall be punished by EUR 4 500 in fine ' Are deleted;
    3 ° Added a sentence so written:
    " The court may carry The amount of the fine to quadruple the amount of advertising expenditure devoted to the illegal operation. "
    II. -Article 4 of the Act of 2 June 1891 to regulate the authorisation and operation of horse racing shall be supplemented by a paragraph worded as
    : Any person who has made advertising, by any means, in In favour of betting on horse racing referred to in this Article shall be punishable by a fine of EUR 30 000. The court may increase the amount of the fine to quadruple the amount of advertising expenses for the illegal operation. "
    III. -Article 5 of the Act of 15 June 1907 on casinos is supplemented by a paragraph so worded:
    " Any person who has made advertising, by any means, in favour of an unauthorised casino activity shall be punished by EUR 30 000 Fine. The court may increase the amount of the fine to quadruple the amount of advertising expenses for the illegal operation. "
    IV. -Article 49 of the Act of 30 June 1923 fixing the general budget for the financial year 1923 is supplemented by a paragraph worded as
    : Any person who has made advertising, by any means, in favour of a circle of games of chance not Is punishable by a fine of EUR 30 000. The court may increase the amount of the fine to quadruple the amount of advertising expenses for the illegal operation. "
    V.-Law No. 83-628 of 12 July 1983 on gambling is thus amended:
    1 ° Article 1 is supplemented by a paragraph worded as follows:
    " The fact of advertising, by any means, in favour of a house Unauthorized gambling is punishable by a fine of EUR 30 000. The court may increase the amount of the fine to quadruple the amount of advertising expenses for the illegal operation. " ;
    2 ° In the first paragraph of Article 3, after the words: " By this Law "shall be inserted the words:" , except as provided for in the second subparagraph of Article 1, ' ;
    3 ° The first paragraph of Article 4 shall be supplemented by the Words: " , except as provided for in the second paragraph of Article 1 ".
    VI. -This Article shall enter into force six months after the entry into force of this Law.

    Article 39


    After Article 50 of the Law of 29 July 1881, it is inserted an article 50-1 thus written:
    " Art. 50-1. -Where the facts referred to in Articles 24 and 24a result from messages or information made available to the public by a service of communication to the public on-line and that they constitute a manifestly unlawful disturbance, the termination of that Service may be delivered by the President of the Court, at the request of the public prosecutor's office and any natural or legal person who has an interest in taking action. "

    Item 40


    I. -Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy is thus amended :
    1 ° In the third paragraph of 7 of I, after the word: " Child, "shall be inserted the words:" Incitement to violence as well as attacks on human dignity, " and the reference: In Article 227-23 " Is replaced by the References: " Articles 227-23 and 227-24 " ;
    2 ° The last paragraph of 7 of the I is replaced by two sub-paragraphs:
    " Given the general interest in the suppression of illegal gambling, people Mentioned in 1 and 2 put in place, under conditions laid down by decree, an easily accessible and visible device for reporting to their subscribers online public communication services kept for reprehensible by the Public authorities responsible for this matter. They shall also inform their subscribers of the risks incurred by them as a result of acts of games carried out in violation of the
    . Failure to comply with the obligations laid down in the fourth and fifth paragraphs shall be punishable by the penalties laid down in 1 of VI. " ;
    3 ° In the first paragraph of 1 of VI, the reference: In the fourth paragraph " Is replaced by references: " The fourth and fifth paragraphs ".
    II. -In Article 18 of the same Law, the words: In Article 16 " Are replaced by the words: " Articles 14 and 16 ".

    Article 41


    After section 434-4 of the Criminal Code, a section 434-4-1 reads as follows:
    " Art. 434-4-1. -The fact for a person who is aware of the disappearance of a minor of 15 years of not informing the judicial or administrative authorities, with a view to preventing or delaying the implementation of the planned research procedures By Article 74-1 of the Code of Criminal Procedure, is punishable by two years' imprisonment and a fine of EUR 30 000. "

    Item 42 Learn more about this Article ...


    I. -The fifth paragraph of Article 706-53-5 of the Code of Criminal Procedure is supplemented by two sentences worded as
    : If the danger of the person justifies it, the court of judgment or, according to the Article 712-6, the sentencing judge may order that this presentation will take place on a monthly basis. This decision is mandatory if the person is in a state of legal re-offending. "
    II. -The last paragraph of Article 706-53-10 of the Code is supplemented by the following words: Or, when it was due once a month, once every six months ".
    III. -The second paragraph of Article 706-56 of the Code is supplemented by the following sentence:
    " The requisitions provided for in this paragraph may also be made by the public prosecutor or the investigating judge. "

    Item 43 Read more about this Article ...


    I. -The Penal Code is thus amended:
    1 ° Article 133-13 is supplemented by two sub-paragraphs thus written:
    " The time limits provided for in this Article shall be doubled where the person has been convicted of Offences committed in legal re-offending.
    " In the case of convictions with all or part of the stay, suspension with probation or suspension with an obligation to carry out work of general interest, rehabilitation periods For each of these convictions, including in the case of multiple convictions, from the date on which the conviction is not an avenue. " ;
    2 ° Section 133-14 is supplemented by two sub-paragraphs:
    " The time limits provided for in this Article shall be doubled when the person has been convicted of acts committed in a state of legal re-offending
    When it is a Sentence with a reprieve, the rehabilitation periods run from the date on which the conviction is not an avenue. " ;
    3 ° Article 133-16 is supplemented by a paragraph worded as follows:
    The rehabilitation does not prohibit the taking into account of the conviction, by the judicial authorities alone, in the case of new proceedings, for the application of the rules on Legal recidivism. "
    II. -The Code of Criminal Procedure is thus amended:
    1 ° In the second paragraph of Article 706-53-10, the words: Remain in the criminal record number 1 of the person concerned or " Shall be deleted, and the same paragraph shall be supplemented by the words: ", As long as the person has not been rehabilitated or the measure at the origin of the registration has not been deleted from Newsletter No. 1 " ;
    2 ° In the first paragraph of Article 769, after the words: " Decisions on suspension of punishment, ' shall be inserted The words: " Pardons, " ;
    3 ° In the first sentence of the second paragraph of Article 769, the words: " , through the rehabilitation of full legal or judicial " Are deleted;
    4 ° The seventh paragraph (3 °) of the same section 769 is deleted Deleted;
    5 ° The same article 769 is completed by an 8 ° so written:
    " 8 ° Convictions that have been subject to judicial rehabilitation, where the court has expressly ordered the removal of the conviction of the locker In accordance with the second paragraph of Article 798. " ;
    6 ° Item 775 is reinstated:
    " 5 ° Convictions for which a full judicial or judicial pardon has been granted; "
    7 ° After the first subparagraph of Article 798, a paragraph shall be inserted as follows:
    " In this case, ballot papers 2 and 3 of the criminal record should not mention the conviction. The judgment issuing the pardon may, however, order that the conviction be withdrawn from the criminal record and not be mentioned in Newsletter No. 1. " ;
    8 ° Article 798-1 becomes Article 799;
    9 ° After Article 798, Article 798-1 is reinstated as follows:
    " Art. 798-1. -Any person whose conviction has been subject to a legal rehabilitation under the provisions of the Penal Code may request, in accordance with the procedure and procedures laid down in this Chapter, that the Chamber of Education Orders that the conviction be withdrawn from the criminal record and no longer referred to in Newsletter No. 1. " ;
    10 ° In the last paragraph of Article 799, as a result of 8 °, the reference: " 798 " Is replaced by the reference: " 798-1 ".
    III. -The provisions of this Article shall come into force one year after the date of publication of this Law. They are then immediately applicable to convictions still in the criminal record, regardless of the date of the commission of the offence; however, the doubling of rehabilitation periods in case of re-offending is applicable only for Acts committed after the date of publication of this Act.

    Article 44


    I. -After Article 132-71 of the Code Criminal, an article 132-71-1 reads as follows:
    " Art. 132-71-1. -The guet-apens consists in waiting for a certain amount of time for one or more persons in a particular place to commit one or more offences. "
    II. -The 9 ° of Articles 222-3, 222-8, 222-10, 222-12 and 222-13 of the Code is supplemented by the following words: Or with lookout ".
    III. -After Article 222-14 of the Code, an Article 222-14-1 reads as follows: '
    ' Art. 222-14-1. -Where they are committed in organized or with-apens, violence committed with the use or threat of a weapon on a national police officer, a member of the gendarmerie, a member of the administrative staff A penitentiary or other person depositary of the public authority, or on a civilian or military firefighter or an agent of a public passenger transport network operator in the financial year, on the occasion of the exercise or because of its Functions or mission, are pUN:
    " 1 ° 30 years of criminal imprisonment when they resulted in the death of the victim;
    " 2 ° 20 years' imprisonment when they have led to mutilation or infirmity Permanent;
    " 3 ° 15 years' imprisonment when they have resulted in total incapacity for work for more than eight days;
    " 4 ° 10 years' imprisonment and 150 000 fines if they have not resulted in a Total incapacity for work for more than eight days.
    " The first two paragraphs of Article 132-23 relating to the period of security shall apply to the offences provided for in this
    . Total incapacity for work is, at the Request from the victim or the person prosecuted, found by an expert doctor in accordance with the procedure laid down in Articles 157 et seq. Of the Code of Criminal Procedure. "
    IV. -In the first paragraph of Article 222-15 of the Code, the reference: 222-14 " Is replaced by the reference: " 222-14-1 ".
    V.-After Article 222-15 of the same code, an article 222-15 -1 reads as follows:
    " Art. 222-15 -1. -It is an ambush to wait for a certain time and in a given place a national police officer, a member of the gendarmerie, a staff member of the prison administration or any other person The depositary of the public authority, as well as a civilian or military firefighter or an agent of a public passenger transport network operator, for the purpose, characterised by one or more material facts, of committing against it, to The occasion of the exercise of its functions or mission, violence with the use or threat of a weapon.
    " The ambush is punishable by five years' imprisonment and 75 000 fine.
    " When the facts are committed in a meeting, the penalties are Brought to seven years' imprisonment and a fine of 100 000. "
    VI. -After Article 222-33-2 of the Code, a section 3 ter reads as follows:


    "Section 3 ter



    " From recording and spreading images of violence


    " Art. 222-33-3. Article 222-1 to 222-14-1 and 222-23 to 222-31 shall constitute an act of complicity in the voluntary infringement of the integrity of the person provided for in Articles 222-1 to 222-31 and shall be punished by the penalties laid down in those Articles by knowingly registering, by Any medium, in any medium, of the images relating to the commission of such offences.
    " The dissemination of the recording of such images shall be punishable by five years' imprisonment and a fine of 75,000
    . The Article shall not apply where the registration or dissemination results from the normal exercise of a profession whose purpose is to inform the public or is carried out in order to serve as evidence in court. "
    VII. -Article 433-7 of the Code is thus amended:
    1 ° At the end of the first subparagraph, the words: Six months' imprisonment and 7 500 fine ' Are replaced by the words: " One year imprisonment and a fine of 15 000 ;
    2 ° End Of the last paragraph, the words: " One year imprisonment and a fine of 15 000 Are replaced by the words: " Two years' imprisonment and 30 000 fine ".
    VIII. -Article 433-8 of the same code is thus amended:
    1 ° At the end of the first subparagraph, the words: Three years' imprisonment and 45 000 fine ' Are replaced by the words: " Five years' imprisonment and 75,000 fine ' ;
    2 ° A End of the last paragraph, the words: " Seven years' imprisonment and 100 000 fine ' Are replaced by the words: " 10 years' imprisonment and 150,000 fine ".
    IX. -In the first paragraph of Article 433-10 of the Code, after the words: "Shall be punished" shall be inserted the words: Two months' imprisonment and ".

    Article 45


    I. -After Article 322-11 of the Criminal Code, an Article 322-11-1 reads as follows: '
    ' Art. 322-11-1. -The detention or transport of incendiary or explosive substances or products as well as elements or substances intended to enter the composition of products or incendiary or explosive devices for preparation, characterised by By one or more material facts, offences defined in article 322-6 or offences against persons shall be punishable by five years' imprisonment and a fine of 75,000 fine
    Sentences are brought to ten years' imprisonment and a fine of 500,000 When these facts are committed in organized band.
    " Outside the cases provided for in the first two paragraphs, shall be liable to one year imprisonment and a fine of 15 000 EUR for detention or transport without lawful reason:
    " 1 ° of substances or products Explosives for the commission of the offences defined in article 322-6, where such substances or products are not subject, for detention or transport, to a particular regime;
    " 2 ° Incendiary substances or products To commit the offences defined in Article 322-6 as well as elements or substances intended to enter into the composition of products or incendiary or explosive devices, where their detention or transport has been prohibited by order Prefectural because of the urgency or the risk of disturbing the public order. "
    II. -After the second subparagraph of Article L. 2339-5 of the Defence Code, a paragraph shall be inserted as follows: '
    ' The penalties are brought to ten years' imprisonment and a fine of 500 000 when the offence is committed in an organised band. "

    Article 46


    Article 90-1 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
    " If the civil party Application, information relating to the development of the procedure provided for in this Article shall be made every four months, and the civil party shall be convened and heard for that purpose by the investigating judge.

  • Chapter VI: Provisions to prevent substance abuse and certain addictive practices Article 47
    Chapter III of Title I of Book IV of Part III of the Public Health Code reads as follows:


    "Chapter III



    " Persons Reported by the Judicial Authority


    " Art. L. 3413-1. -Whenever the judicial authority orders a person who has made illicit use of narcotic drugs to submit to a therapeutic order measure which consists of a measure of care or medical supervision, it shall inform the authority thereof Competent health.
    " The health authority shall carry out the medical examination of the person concerned by a doctor authorised as a relay doctor. It shall also, where appropriate, conduct an investigation into the family, professional and social life of the person concerned, if necessary at the request of the relay doctor. If the request of the relay doctor is not acted upon, the latter may notify the judicial authority so that it may decide on the advisability of this investigation
    The relay doctor shall inform the judicial authority of his reasoned opinion on The medical opportunity of the measure.
    " If the relay doctor considers that medical care is inadequate, he shall inform the judicial authority, after reminding the person concerned of the health consequences of the use of narcotic
    . " Art. L. 3413-2. -If the medical examination provided for in Article L. 3413-1 confirms the physical or psychological dependence of the person concerned, the doctor shall invite him to present himself to a specialised centre for the treatment of addicts or a doctor of his or her own Choice or, failing that, designated as an office, for medical treatment or for appropriate medical supervision.
    " As soon as the measure is put in place, the person concerned sends a medical certificate indicating the start date to the relay doctor The care, the probable duration of the measure and the contact details of the specialised centre or the identity of the doctor responsible for medical treatment or medical
    . Art. L. 3413-3. -The relay physician is responsible for the implementation of the therapeutic order measure, to propose the terms and conditions and to monitor the follow-up on the health plan.
    " It shall inform the judicial authority of developments in the medical situation of The person.
    " In the event of an interruption of follow-up on the initiative of the person concerned, or any other incident arising during the course of the action, the relay doctor shall immediately inform the judicial
    . Art. L. 3413-4. -Detailed rules for the implementation of this Chapter shall be specified by decree in the Council of State. "

    Article 48 Read more about this Article ...


    I. -The public health code is thus amended:
    1 ° Article L. 3421-1 is supplemented by two sub-paragraphs thus written:
    " Persons guilty of this offence are also liable, as punishment The obligation to carry out an awareness-raising course on the dangers of the use of narcotic drugs, in accordance with the procedure laid down in Article 131-35-1 of the Criminal
    . If the offence is committed during or during the course of The exercise of its functions by a person who is a depositary of the public authority or is entrusted with a public service mission, or by the personnel of a land, sea or air transport undertaking, of goods or passengers engaged in Duties involving the safety of transport, the list of which is fixed by decree in the Council of State, the penalties are brought to five years' imprisonment and a fine of 75,000. For the purposes of this paragraph, employees shall be treated as employees of a transport undertaking made available to the transport undertaking by an external undertaking. " ;
    2 ° Article L. 3421-4 is amended as follows:
    (a) After the second subparagraph, a paragraph shall be inserted as follows:
    " Where the offence provided for in this Article constitutes a direct provocation and is committed in establishments Or in the premises of the administration, as well as, at the entrance or exit of the pupils or the public or in a time very close to them, in the vicinity of those establishments or premises, the penalties shall be increased to seven years Imprisonment and a fine of 100 000. " ;
    (b) An additional paragraph is added:
    " Persons guilty of the offences provided for in this Article also incur the additional penalty of an obligation to carry out, if necessary at their own expense, an awareness-raising course on The dangers of using narcotic drugs. " ;
    3 ° After Article L. 3421-4, are inserted three Articles L. 3421-5, L. 3421-6 and L. 3421-7 thus written:
    " Art. L. 3421-5. -On the requisition of the public prosecutor, the judicial police officers and, on the order or under their responsibility, the judicial police officers and the assistant judicial police officers referred to in Article 20 and 1 ° of Article 21 of the Code of Criminal Procedure is entitled, for the purpose of seeking and finding the offence provided for in the third paragraph of Article L. 3421-1 of this Code, to enter the places where the public transport of passengers, land, Marine or air, as well as in their annexes and appurtenances, unless they constitute a domicile, in view of:
    " 1 ° Control the identity of the persons present, in order to determine those falling within the provisions of the third paragraph of Article L. 3421-1;
    " 2. Proceed with such persons, if there is one or more plausible reasons for suspecting that they have used narcotics, in screening tests to establish the commission of the offence
    . " When these screening tests are positive or where the person refuses or is unable to undergo the tests, the officers or judicial police officers and the assistant judicial police officers conduct the checks Intended to prove the use of narcotic drugs.
    " The checks referred to in the fourth subparagraph shall be carried out by means of medical, clinical and biological tests and examinations. The manner in which samples are stored shall be defined by decree.
    " The requisitions of the prosecutor of the Republic are written, presented to the persons concerned at their request and specify that they are aimed at the search for The offence provided for in the third paragraph of Article L. 3421-1. These requisitions are taken for a maximum of one month and specify the premises where the control operation will take place and the dates and times of each work order.
    " The measures taken under this Article shall be the subject of A report given to the person concerned.
    " Art. L. 3421-6. -The refusal to submit to the checks provided for in Article L. 3421-5 shall be punishable by two years' imprisonment and a fine of 30
    . Art. L. 3421-7. -Natural persons guilty of the offences provided for in the third paragraph of Article L. 3421-1 and in Article L. 3421-6 shall also be subject to the following additional
    : 1 ° The suspension for a period of three years at the most Driving or driving French pleasure craft to motoring at sea and inland waters; this suspension cannot be limited to conduct outside the professional activity; it cannot be suspended, even Partially;
    " 2 ° The cancellation of the driving licence or the driving licence for French motorboats at sea and inland waters with a prohibition on the application of a new licence or of a new title of Driving for up to three years;
    " 3 ° Working sentence of general interest in accordance with the procedure laid down in Article 131-8 of the Criminal Code and under the conditions laid down in Articles 131-22 to 131-24 of the same Code;
    4 ° The sentence of Fine-days under the conditions set out in Articles 131-5 and 131-25 of the Penal Code;
    5 ° The prohibition, either definitive or for a period of not more than five years, to practise a profession relating to transport;
    " 6 ° Prohibition of Driving certain motor land vehicles, including those for which the driving licence is not required, for a period of not more than five years;
    " 7 ° The obligation to carry out, at its own expense, an awareness-raising course at the Road safety;
    " 8 ° The obligation to undertake, at its own expense, an internship to raise awareness of the dangers of the use of narcotic drugs. "
    II. -The Penal Code is thus amended:
    1 ° 11 ° of Articles 222-12 and 222-13 is thus written:
    " 11 ° In educational or educational establishments or in the premises of the administration, as well as, at the entrance or exit of pupils "
    2 ° In the second paragraph of Article 222-39, the following words:" Educational or educational centres or administration offices " Are Replaced with the words: " Educational or educational establishments or in the premises of the administration, as well as, at the entrance or exit of pupils or the public or in a time very close to them, in the vicinity of such establishments or Local " ;
    3 ° In the second paragraph of Article 227-18, the words: " Within a school or educational institution or, on the occasion of the entrances or exits of pupils, in the vicinity of such establishment " Are replaced by the words: " In educational or educational establishments or in the premises of the administration, as well as, at the entrances or exits of pupils or the public or in a time very close to them, in the vicinity of such establishments or premises " ;
    4 ° In the second paragraph of Article 227-18-1, the words: Within a school or educational institution or, on the occasion of the entrances or exits of pupils, in the vicinity of such establishment " Are replaced by the words: " In the Educational or educational establishments or in the premises of the administration, as well as, at the entrances or exits of pupils or the public or in a time very close to them, on the approaches to such institutions or premises " ;
    5 ° In the Second paragraph of Article 227-19, the words: " Within a school or educational institution or, on the occasion of the entrances or exits of pupils, in the vicinity of such establishment " Are replaced by the words: " In institutions Or in the premises of the administration, as well as, at the entrances or exits of the pupils or the public or in a time very close to them, on the approaches to these establishments or premises " ;
    6 ° In the second paragraph In Article 227-21, the words: Within a school or educational institution or, on the occasion of the entrances or exits of pupils, in the vicinity of such establishment " Are replaced by the words: " In educational institutions or Or in the premises of the administration, as well as, at the entrances or exits of the pupils or the public or in a time very close to them, on the approaches to these establishments or premises " ;
    7 ° In the first paragraph of the article 227-22, the words: " Within a school or educational institution or, on the occasion of the entrances or exits of pupils, in the vicinity of such establishment " Are replaced by the words: " In educational or educational institutions Or in the premises of the administration, as well as, at the entrances or exits of the pupils or the public or in a time very close to them, on the approaches to these establishments or premises " ;
    8 ° After item 227-31, an item is inserted 227-32 written:
    " Art. 227-32. -Natural persons guilty of the offences defined in Articles 227-18 and 227-18-1 also incur the additional penalty of an obligation to conduct an awareness-raising course on the dangers of the use of narcotic drugs, according to the Article 131-35-1. "
    III. -The code of the road is thus amended:
    1 ° The II of Article L. 235-1 is completed by a 7 ° thus written:
    " 7 ° The obligation to undertake, at its own expense, an internship to raise awareness of the dangers of the use of narcotic drugs. " ;
    2 ° The II of Article L. 235-3 is completed by a 7 ° thus written:
    " 7 ° The obligation to undertake, at its own expense, an internship to raise awareness of the dangers of the use of narcotic drugs. "

    Item 49


    I. -The Public Health Code is thus amended:
    1 ° In the first paragraph of Article L. 3411-2, the Reference: " L. 3424-2 " Is replaced by the reference: " L. 3425-2 ", and the words: Health care facilities " Are replaced by the words: " Specialized centres " ; in the second paragraph of the same article, the words: When the cure of Detoxification is carried out " Are replaced by the words: " When the processing is done ", and the words:" "Cure" Are replaced by the words: " Processing " ;
    2 ° Chapters III and IV of Title II of Book IV of the third Parts are replaced by three Chapters III, IV and V thus drafted:


    "Chapter III



    " Therapeutic junction
    by the public prosecutor


    " Art. L. 3423-1. -The prosecutor of the Republic may direct the person who has made illicit use of narcotic drugs to submit to a therapeutic order measure taking the form of a medical care or supervision measure under prescribed conditions By Articles L. 3413-1 to L. 3413-4.
    " The duration of the measure is six months, renewable three times under the same terms.
    " Public action is not exercised against persons who submit to the injunction measure Treatment that is ordered and followed to the end.
    " Similarly, public action shall not be taken in respect of persons who have made illicit use of narcotic drugs, where it has been established that they have submitted In accordance with the conditions laid down in Chapters II and IV of Title I.
    " Art. L. 3423-2. -In all the cases provided for in Article L. 3423-1, where the conservation of the seized plants and substances does not appear necessary, they shall be destroyed by a judicial police officer, on the requisition of the prosecutor of the Republic.


    "Chapter IV



    " Therapeutic junction by investigating judge, child judge or judge of liberty and detention
    " Art. L. 3424-1. -Persons under examination for the offences set out in Articles L. 3421-1 and L. 3425-2 may be notified, by order of the investigating judge, the judge of the children or the judge of liberty and detention, an order for an injunction As defined in Articles L. 3413-1 to L. 3413-4.
    " The execution of this order shall continue, if necessary, after the closure of the information, the rules laid down in the second to fourth paragraphs of Article 148-1 Code of Criminal Procedure, if applicable, applicable.


    "Chapter V



    " Therapeutic junction by trial


    " Art. L. 3425-1. -The court of judgment may, as an additional penalty, require persons who have committed the offence provided for in Article L. 3421-1 to submit to a measure for a therapeutic order, in accordance with the procedure laid down in Articles L. 3413-1 to L. 3413-4.
    " Art. L. 3425-2. Article L. 3421-1 and L. 3425-1.
    The failure to comply with the decision ordering a therapeutic order shall be subject to the penalties provided for in Articles L. 3421-1 and L. 3425-1. However, those sanctions are not applicable where the therapeutic injunction Is a particular obligation imposed on a person who has been sentenced to imprisonment with suspended probation or probation with the obligation to carry out work of general interest. " ;
    3 ° In Article L. 3823-2, references: " Articles L. 3823-3 and L. 3823-4 " Are replaced by the reference: " Article L. 3823-3 " ;
    4 ° Article L. 3823-4 is repealed;
    5 ° In Article L. 3833-3, the words: And the Words: "Tribunal de grande instance sont substitutions par les mots:" tribunal de première instance sont abolished;
    6 ° The first paragraph of Article L. 3842-1 is thus written:
    " The provisions of Chapter III of Title I and those of the Title Book IV of this Part is applicable in New Caledonia and French Polynesia, subject to the provisions of Article L. 3842-4. " ;
    7 ° Article L. 3842-2 is repealed;
    8 ° In Article L. 3842-4, the reference: L. 3413-3 " Is replaced by the reference: " L. 3413-4 ", and the words: , and the words: " Tribunal de grande instance are replaced by the words: "Court of first instance" Are deleted.
    II. -The 3 ° of Article 132-45 of the Penal Code is supplemented by a sentence so worded:
    " Such measures may consist of the therapeutic order provided for in Articles L. 3413-1 to L. 3413-4 of the Public Health Code, where it appears that the Guilty of drug use or habitual and excessive consumption of alcoholic beverages; ".

    Article 50


    Section 41-2 of the Code of Criminal Procedure is thus amended:
    1 ° After 14 °, are inserted a 15 °, a 16 ° and a 17 ° so written:
    15 ° Accompate, if necessary at its own expense, an internship to raise awareness of the dangers of using Narcotics products;
    " 16 ° To be subject to a measure of daytime activity consisting of the implementation of activities for the insertion of vocational or educational upgrading, either with a legal person under public law or with a Legal entity of private law entrusted with a public service mission or an association entitled to implement such a measure;
    " 17 ° submit to a therapeutic order measure, in accordance with the rules laid down in Articles L. 3413-1 to L. 3413-4 of the Public Health Code, where it appears that the person concerned uses narcotic drugs or causes habitual and excessive consumption of alcoholic beverages. " ;
    2 ° The penultimate paragraph is thus written:
    " The provisions of this Article shall not apply in respect of press offences, unlawful killings or political offences. They shall apply to minors who are at least thirteen years of age, in accordance with the procedure laid down in Article 7-2 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency. "

    Article 51


    After the fourth paragraph (3 °) of Article 495 of the Code of Criminal Procedure, it shall be inserted as
    : 4 ° The crime of use of narcotic drugs provided for in the first paragraph of Article L. 3421-1 of the Public Health Code. "

    Article 52


    Article 706-32 of the Code of Criminal Procedure is thus reinstated:
    " Art. 706-32. -Without prejudice to the provisions of Articles 706-81 to 706-87 of this Code, and for the sole purpose of establishing infringements of the acquisition, supply or disposal of narcotic drugs referred to in Articles 222-37 and 222-39 of the Penal Code, To identify the perpetrators and accomplices and to carry out the seizures provided for in this Code, the judicial police officers and, under their authority, judicial police officers may, with the permission of the public prosecutor or the judge Statement of facts before the public prosecutor's office and without being criminally liable for such acts:
    " 1 ° Acquire narcotics products;
    " 2. For the acquisition of narcotic drugs, make available to the Persons engaged in these offences by means of a legal or financial nature, as well as means of transport, deposit, accommodation, storage and
    . The authorisation of the prosecutor of the A republic or an investigating judge, which may be given by any means, shall be mentioned or placed on the record of the proceedings and the acts authorized shall not constitute an incitement to commit an offence. "

    Article 53


    The Penal Code is thus amended:
    1 ° Section 131-36 is completed by a 4 ° reading:
    " 4 ° Designated natural or legal persons who are responsible for participating in the implementation of the courses referred to in Article 131-35-1. " ;
    2 ° After 4 ° of Articles 221-8 and 223-18, it is inserted a 4 ° bis as follows:
    " 4 ° bis The obligation to carry out an awareness-raising course on the dangers of the use of narcotic drugs, in accordance with the procedure laid down in Article 131-35-1 ; "
    3 ° After 9 ° of article 222-44, it is inserted a 9 ° bis thus written:
    " 9 ° bis The obligation to carry out an awareness training on the dangers of the use of narcotic drugs, in accordance with the procedure laid down in Article 131-35-1; "
    4 ° Section 312-13 is completed by a 7 ° thus written:
    " 7 ° The obligation to carry out an awareness training on the dangers of the use of narcotic drugs, in accordance with the procedure laid down in Article 131-35-1. " ;
    5 ° Section 322-15 is completed by a 6 ° reading:
    " 6 ° The obligation to perform an awareness training on the dangers of the use of narcotic drugs, in accordance with the procedure laid down in Article 131-35-1. "

    Article 54


    The Penal Code is thus modified:
    1 ° After the 13 ° of article 222-12, it is inserted a 14 ° thus written:
    " 14 ° By a person acting in a state of manifest intoxication or under the manifest right-of-way of narcotic drugs. " ;
    2 ° After 13 ° of article 222-13, it is inserted a 14 ° so written:
    " 14 ° By a person acting in a state of manifest intoxication or under the manifest right-of-way of narcotic drugs. " ;
    3 ° Article 222-24 is completed by a 12 ° reading:
    " 12 ° When committed by a person acting in a state of manifest intoxication or under the manifest right-of-way of narcotic drugs. " ;
    4 ° Article 222-28 is completed by an 8 ° reading:
    " 8 ° Where it is committed by a person acting as a manifest drunkenness or under the manifest right-of-way of narcotic drugs. " ;
    5 ° Section 222-30 is completed by a 7 ° thus written:
    " 7 ° Where it is committed by a person acting in a state of manifest intoxication or under the manifest right-of-way of narcotic drugs. " ;
    6 ° Article 227-26 is completed by a 5 ° reading:
    " 5. Where it is committed by a person acting in a state of manifest intoxication or under the manifest right-of-way of narcotic drugs.

  • Chapter VII: Provisions to prevent juvenile delinquency Article 55


    Order No. 45-174 of 2 February 1945 on the childhood offender is thus modified:
    1 ° In the last sentence of the second subparagraph of Article 5, the words: " Judgment at close time " Are replaced by the words: " Immediate presentation to the Juvenile jurisdiction " ;
    2 ° Item 7-1 is reinstated:
    " Art. 7-1. -When the Public Prosecutor applies Article 41-1 of the Code of Criminal Procedure in respect of a minor, the minor's legal representatives must be
    . The measures provided for in 2 ° to 5 ° of Article 41-1 of the Code of criminal procedure requires the consent of the minor's legal representatives. The measure provided for in 2 ° may also consist in the completion of a civic training course or in a consultation with a psychiatrist or psychologist. The prosecutor of the Republic shall fix, where appropriate, the amount of the traineeship costs which may be paid to the minor's legal representatives. " ;
    3 ° After Article 7, an article 7-2 reads as follows:
    " Art. 7-2. -The procedure for the criminal composition provided for in Articles 41-2 and 41-3 of the Code of Criminal Procedure may be applied to minors who are at least thirteen years of age when it appears appropriate to the personality of the person concerned, under conditions Provided for in this Article.
    " The proposal of the public prosecutor must also be made to the minor's legal representatives and obtain the consent of the minor.
    " The agreement of the minor and his legal representatives must be Collected in the presence of a lawyer appointed in accordance with the second paragraph of Article 4-1
    Before validating the criminal composition, the judge of the children may, either ex officio or at their request, proceed to the hearing of the minor or his representatives Legal. In this case, the hearing is legal. The decision of the judge of the children shall be notified to the author of the facts and to his legal representatives and, where appropriate, to the victim
    The following measures may also be proposed to the minor, by the Public Prosecutor, in respect of the Criminal composition:
    " 1 ° Completion of a Civic Training Course;
    " 2 ° Regular monitoring of education or vocational training;
    " 3 ° Adherence to an earlier decision of the judge In a public or private institution or institution of qualified education or vocational training;
    " 4 ° Consultation with a psychiatrist or psychologist;
    " 5 ° Run a day activity measure.
    " The run time Measures proposed to minors may not exceed one year. "

    Article 56


    Article 8 of Order No. 45-174 of 2 February 1945 is thus amended:
    1 ° The fifth paragraph is Supplemented by the words: " Or prescribe a measure of daytime activity under the conditions laid down in Article 16 ter " ;
    2 ° After 6 °, it is inserted a 7 ° and a paragraph so written:
    " 7 ° Adjust a daily activity measure in the Conditions defined in Article 16b.
    " The measures provided for in 3 and 4 ° cannot be ordered alone if they have already been pronounced in respect of the minor in respect of an offence which is the same or assimilated in the light of the rules of recidivism Less than one year before the commission of the new offence. "

    Article 57


    Order No. 45-174 of 2 February 1945 is hereby amended as follows:
    1 ° The fourth paragraph (2 °) of the Article 10-2 shall be supplemented by the following words: Or respect the conditions of placement in an institution for the implementation of educational and civic programmes " ;
    2 ° After the fifth paragraph of the same II, shall be inserted a 3 ° And a 4 ° thus written:
    " 3 ° Performs a Civic Training Course;
    " 4 ° Follow up on a regular basis a vocational education or training up to the majority. " ;
    3 ° The first two paragraphs of III of the same article are replaced by five paragraphs so written:
    " In correctional matters, minors under the age of sixteen may be placed under judicial supervision only in one of the cases Following:
    " 1 ° If the penalty of imprisonment is greater than or equal to five years and the minor has already been the subject of one or more educational measures pursuant to Articles 8, 10, 15, 16 and 16 bis or of a conviction An educational sanction or sentence;
    " 2 ° If the penalty for imprisonment is greater than or equal to seven years
    If the judicial review includes the obligation to comply with the conditions of an investment in accordance with 2 ° of II, in A closed educational centre provided for in Article 33, failure to comply with this obligation may result in the placement of the minor in pre-trial detention in accordance with Article 11-2
    In other cases, the minor is informed that in case of non-compliance As obligations have been imposed on it, judicial review may be amended to provide for its placement in a closed education centre, the non-compliance of which may result in its provisional detention. " ;
    4 ° In the first paragraph of Article 11-2, after the word: " Provisions' shall be inserted as follows: ' The fourth paragraph " ;
    5 ° At the end of the third paragraph of Article 12, the words: " Of the public prosecutor in respect of the articles 8-2 and 14-2 " Are replaced by the words: " Or proposal of the Public Prosecutor under Articles 7-2, 8-2 and 14-2 ".

    Article 58


    Order No. 45-174 of February 2, 1945, as amended:
    1 ° After section 13, an article 13-1 reads as follows:
    " Art. 13-1. -Article 399 of the Code of Criminal Procedure is applicable to court hearings for children. " ;
    2 ° Article 14-2 is thus amended:
    a) In the I, the words: " Judgment at close time " Are replaced by the words: " Immediate submission to the juvenile court " ;
    b) In the first sentence of II:
    -the Words: " Judgment at close time " Are replaced by the words: " Immediate submission to the juvenile court " ;
    -words: " Three years " Are replaced by the words: " One year " ;
    -words: " Five Years " Are replaced With the words: " Three years " ;
    c) In the III:
    -after the second subparagraph, a paragraph is inserted as follows:
    " However, the minor's judgement shall be made at the first hearing of the children's court following his presentation, Without the ten-day period being applicable, where the minor and his counsel expressly consent to it, unless the legal representatives of the minor, duly summoned, make known their opposition. " ;
    -in the last paragraph, the word: " Two " Is replaced by the word: " Three ".

    Article 59 More about this Article ...


    Order No. 45-174 of February 2, 1945, as amended:
    1 ° Section 15 is completed by a 6 ° thus written:
    " 6 ° Day activity measure, under the conditions laid down in Article 16b. " ;
    2 ° After 6 ° of article 15 -1, are inserted a 7 °, an 8 °, a 9 ° and a 10 ° thus written:
    " 7 ° Placement measure for a maximum of three months, renewable once, but not more than one month for minors between ten and thirteen years of age, In an institution or a public or private institution of education entitled to carry out psychological, educational and social work relating to the acts committed and situated outside the ordinary place of residence;
    " 8 ° Execution School jobs;
    " 9 ° Solemn Warning;
    " 10 ° Placement in a school with a boarding school for a period corresponding to a school year with permission for the minor to return to his or her family for the purposes of Week and school holidays. " ;
    3 ° Section 16 is completed by a 5 ° and a 6 ° thus written:
    " 5 ° Solemn Warning;
    " 6 ° Day activity measure, under the conditions laid down in Article 16b. " ;
    4 ° After Article 16a, it shall be inserted a Article 16 ter so worded:
    " Art. 16 ter. -The measure of day activity consists in the participation of the minor in professional or school integration activities either with a legal person under public law or with a legal person under private law exercising a mission of Public service or an association entitled to organise such activities, or within the judicial protection service of the youth to which it is
    . This measure may be ordered by the judge of the children or by the court For children in respect of a minor in correctional matters.
    " The children's judge or the children's court shall fix the duration of the day, which shall not exceed twelve months, and the manner in which it is exercised. It shall mean the legal person of public or private law, the association or the service to which the minor is
    . A decree of the Council of State determines the application of the measure of daytime
    . It determines, In particular, the conditions under which:
    " 1 ° The judge of the children shall, after consulting the public prosecutor and consult any competent public body with regard to the prevention of juvenile delinquency, draw up a list of activities Discovery or to which initiation is likely to be proposed in its spring;
    " 2 ° Day activity measure must be reconciled with school obligations;
    " 3 ° Are entitled to legal persons and associations Mentioned in the first subparagraph. "

    Article 60


    The second paragraph of Article 20-2 of Order No. 45-174 of 2 February 1945, cited above, reads as follows:
    " However, if the minor is over the age of sixteen, the juvenile court or the underage court may decide that the first paragraph should not be applied, either in light of the circumstances of the case and the circumstances of the case. Personality of the minor, either because the facts constitute a wilful attack on the life or physical or mental integrity of the person and have been committed in a state of legal re-offending. This decision, taken by the Children's Court, must be specially motivated, unless it is justified by the state of legal re-offending. "

    Article 61


    After the third paragraph of Article 20-7 of Order No. 45-174 of 2 February 1945, it is inserted Paragraph thus written:
    " Where the postponement of the delivery of the educational measure or the sentence is ordered, the juvenile court may order the minor to carry out a measure of daytime activity, under the conditions laid down in Article 16 ter. "

    Article 62


    In the first sentence of the first paragraph of Article 33 of Order No. 45-174 of 2 February 1945, above, after The words: " Suspended with probation "shall be inserted the following words:" Or an outside placement ".

  • Chapter VIII: Provisions organizing the sanction-reparation and work of general interest Article 63


    I. -In the first paragraph of Article 131-8 of the Criminal Code, the words: A legal person under public law or Authorized association " Are replaced by the words: " A legal person under public law, or a legal person of private law entrusted with a public service mission or a qualified association.
    -In the seventh paragraph (6 °) of Article 41-2 of the Code of Criminal Procedure, after the word: Community "are inserted the words:" , in particular within a legal person under public law or a private legal entity responsible for a Public service mission or authorized association, ".

    Article 64


    I. -Article 131-3 of the Criminal Code is supplemented by an 8 ° Thus written:
    " 8 ° The penalty-compensation. "
    II. -After Article 131-8 of the same Code, an Article 131-8-1 reads as follows:
    " Art. 131-8-1. -Where an offence is punishable by imprisonment, the court may decide, instead or at the same time as the penalty of imprisonment, the penalty of punishment. The same applies when a crime is punishable as the main penalty of a single fine.
    " The penalty-compensation consists of the obligation for the convicted person to proceed, within the time limit and in accordance with the procedure laid down by the court, to Compensation for the injury of the victim.
    " With the agreement of the victim and the defendant, the repair can be carried out in kind. It may then consist of the rehabilitation of damaged property on the occasion of the commission of the offence; this restoration is carried out by the convicted person himself or by a professional whom he chooses and remunerates the intervention.
    " The enforcement of the remedy shall be established by the Public Prosecutor or his delegate
    In delivering the penalty-relief, the court shall determine the maximum period of imprisonment, which may not exceed six months, or Maximum amount of the fine, which may not exceed 15 000 EUR, for which the judge for the application of the penalties may order the execution in whole or in part under the conditions laid down in Article 712-6 of the Code of Criminal Procedure if the convict does not Does not comply with the obligation to repair. If the offence is only punishable by a fine, the court shall fix only the amount of the fine, which may not exceed EUR 15 000, which may be enforced. The President of the court shall notify the sentenced person after the decision has been delivered. "
    III. -After 2 ° of article 131-12 of the same code, it shall be inserted a 3 ° thus written:
    " 3 ° The penalty-relief provided for in Article 131-15 -1. "
    IV. -After Article 131-15 of the Code, an Article 131-15 -1 reads as follows: '
    ' Art. 131-15 -1. -For all contraventions of the fifth class, the court may, at the same time or at the same time, impose a penalty of fine-reparation in accordance with the terms laid down in Article 131-8-1
    In this case, the Jurisdiction fixes the maximum amount of the fine, which may not exceed EUR 1 500, for which the judge for the application of the penalties may order the execution in whole or in part under the conditions laid down in Article 712-6 of the Code of Criminal Procedure if The convicted person is not in compliance with the obligation to repair. "
    V.-Article 131-37 of the same code is supplemented by a paragraph worded as follows:
    " In correctional matters, legal persons also incur the penalty-relief provided for in Article 131-39-1. "
    VI. -After Article 131-39 of the same Code, an Article 131-39-1 reads as follows: '
    ' Art. 131-39-1. -In matters relating to tort, the court may decide instead or at the same time that the fine incurred by the legal person shall be liable to the penalty of punishment, as provided for in Article 131-8-1
    In this case, the Court shall fix the maximum amount of the fine, which may not exceed EUR 75 000 or the fine incurred by the legal person for the offence under consideration, for which the judge of the application of the penalties may order the execution in whole or part in The conditions laid down in Article 712-6 of the Code of Criminal Procedure if the convicted person fails to comply with the obligation to provide compensation. "
    VII. -After 2 ° of article 131-40 of the same code, it shall be inserted a 3 ° thus written:
    " 3 ° The penalty-relief provided for in section 131-44-1. "
    VIII. -After Article 131-44 of the same Code, an Article 131-44-1 shall be inserted as
    : Art. 131-44-1. -For the purposes of the Fifth-Class Contraventions, the court may decide instead or at the same time that the fine incurred by the legal person shall be liable to the penalty-reparation in accordance with Article 131-8-1.
    " In that case, the court shall fix the maximum amount of the fine, which may not exceed EUR 7 500, for which the judge for the application of the penalties may order the execution in whole or in part under the conditions laid down in Article 712-6 of the Code of Criminal procedure if the convicted person fails to comply with the obligation to provide compensation. "
    IX. -The sixteenth paragraph of Article 41-2 of the Code of Criminal Procedure is supplemented by a sentence worded as
    : This repair may consist, with the consent of the victim, in the rehabilitation of a property damaged by the commission of the offence. "

    Article 65


    I. -In Article 41-1 of the Code of Criminal Procedure, after the words: A traineeship of citizenship ", Inserted the words: " , an internship of parental responsibility or an internship to raise awareness of the dangers of the use of narcotic drugs
    . -The Penal Code is thus amended:
    1 ° Article 131-16 is supplemented by a 9 ° reading:
    " 9 ° The obligation to perform, at his own expense, a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1; "
    2 ° The first paragraph of Article 131-35-1 shall be replaced by the following two paragraphs:
    " When it is incurred as an additional penalty, the obligation to carry out an awareness-raising course on road safety, an awareness-raising course The dangers of the use of narcotic drugs or a period of parental responsibility shall be carried out within six months from the date on which the conviction is final
    The court specifies whether the traineeship is carried out at the expense of Of the condemned. The road safety awareness course is always carried out at the expense of the convicted person. " ;
    3 ° Section 222-45 is completed by a 5 ° reading:
    " 5 ° The obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1. " ;
    4 ° After 4 ° of article 223-18, it is inserted a 4 ° ter thus written:
    " 4 ° b The obligation to perform a parental responsibility course, in accordance with the procedure laid down in Article 131-35-1; "
    5 ° Article 224-9 shall be supplemented by A 4 ° thus written:
    " 4. In the case of the crimes referred to in section 1 of this chapter, the obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1. " ;
    6 ° Article 225-20 is completed by an 8 ° reading:
    " 8 ° The obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1. " ;
    7 ° Article 227-29 is completed by a 7 ° thus written:
    " 7 ° The obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1. " ;
    8 ° Section 321-9 is completed by a 10 ° reading:
    " 10 ° The obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1. "
    III. -The Public Health Code is thus amended:
    1 ° Article L. 3353-3 is supplemented by a paragraph worded as follows:
    " Persons guilty of the offences provided for in this Article also incur the additional penalty of obligation To carry out a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1 of the Criminal Code. " ;
    2 ° The second subparagraph of Article L. 3353-4 is replaced by three sub-paragraphs:
    " Persons guilty of the offences provided for in the first subparagraph shall also be liable to the following additional
    : 1 ° Remove Parental authority;
    " 2 ° Obligation to perform a period of parental responsibility, in accordance with the procedure laid down in Article 131-35-1 of the Criminal Code. " ;
    3 ° After the words: " The end of the second subparagraph of Article L. 3819-11 reads as follows: " Also incur additional penalties for withdrawal of parental authority and an obligation to carry out a traineeship of Parental responsibility, in accordance with the procedure laid down in Article 131-35-1 of the Penal Code ".

    Article 66


    I. -The first three Paragraphs of Article 131-21 of the Penal Code shall be replaced by seven sub-paragraphs thus written:
    The additional penalty of confiscation shall be incurred in the cases provided for by the law or regulation. It is also liable for crimes and offences punishable by a term of imprisonment of more than one year, except for press
    . Confiscation shall cover all movable or immovable property, Regardless of the nature, divis or indivis, having been used to commit the offence or intended to commit the offence, and whose convicted person is the owner or, subject to the rights of the owner in good faith, of which he has the free Disposition.
    " It also covers all goods which are the subject or direct or indirect product of the offence, with the exception of property liable to restitution to the victim. If the proceeds of the offence have been mixed with funds of lawful origin for the acquisition of one or more assets, the confiscation may be for such property only up to the estimated value of that product.
    " Confiscation may also bear On any movable or immovable property defined by the law or regulation that represses the offence.
    " In the case of a crime or an offence punishable by at least five years' imprisonment and having provided direct or indirect profit, the confiscation shall bear Also on movable or immovable property, whatever the nature, divis or indivis, belonging to the convicted person when he or she has been able to explain on the property whose confiscation is envisaged, could not justify its origin.
    " When the law criminating crime or crime provides for it, confiscation may also cover all or part of the property belonging to the convicted person, regardless of the nature, furniture or immovable, divis or indivis
    Confiscation is Mandatory for objects that are classified as dangerous or harmful by law or regulation, or whose detention is unlawful, whether or not such property is the property of the convicted person. "
    II. -After section 227-31 of the same code, a section 7 reads as follows:


    "Section 7



    "
    add-on to natural persons and persons Corporations


    " Art. 227-33. -Natural or legal persons who are guilty of the offences provided for in the third paragraph of Article 227-22 and in the sixth paragraph of Article 227-23 shall also be liable to forfeiture of all or part of their property, Regardless of the nature, furniture or buildings, divis or indivis. "
    III. -Article 442-16 of the Code is thus reinstated:
    " Art. 442-16. -Natural or legal persons guilty of the crimes and offences set out in Articles 442-1 to 442-3 shall also be liable to forfeiture of all or part of their property, whatever the nature, furniture or immovable property, Divis or indivis.

  • Chapter IX: Miscellaneous Provisions Article 67


    In the third paragraph of Article 375-2 of the Civil Code, After the words: " "," shall be inserted in the words: " If any under the boarding school ".

    Article 68 Read more about this Article ...


    Article 132-24 of the Criminal Code is supplemented by a paragraph worded as follows:
    " In correctional matters, where the offence is committed in a state of reoffending or reiteration, the court shall Especially the choice of the nature, the quantum and the regime of the sentence which it gives in the light of the penalties incurred. "

    Article 69


    The code of criminal procedure is thus modified:
    1 ° In the first sentence of the first paragraph of Article 60-1, The words: " The judicial police officer may require " Are replaced by the words: " The prosecutor of the Republic or the judicial police officer may, by any means, request ", and after the words: These documents' shall be inserted in the words : " In digital form, " ;
    2 ° In the first sentence of the first paragraph of section 77-1-1, after the word: " May ", are inserted the words:" , by any means, "and after the words:" These documents shall be inserted as follows: ' In digital form, " ;
    3 ° In the first sentence of the first paragraph of item 99-3, after the word: " May ", are inserted the words:" , by any means, "and after the words:" These documents shall be inserted as follows: ' Notably In digital form, ".

    Article 70


    In the third paragraph of Article 706-71 of the Code of Criminal Procedure, the words: To Examination of applications for release by " Are replaced by the words: " Hearings relating to remand proceedings before ".

    Item 71


    I. -Article 712-17 of the Code of Criminal Procedure is thus amended:
    1 ° After the second subparagraph, a paragraph shall be inserted as
    : In the event of an emergency and the prevention of the application of the The mandate to bring may be issued by the prosecutor of the Republic, who shall inform the judge of the application of the penalties as soon as possible; where it has not already been implemented, that mandate shall be Null and void if it is not resumed, on the first working day following, by the judge of the application of the penalties. " ;
    2 ° In the first sentence of the last paragraph, the word: " Fifth " Is replaced by the word: " Sixth ".
    II. -In the last paragraph of Article 716-4 of the Code, the word " Sixth " Is replaced by the word: " Seventh ".

    Item 72 Learn more about this Article ...


    After Article 727 of the Code of Criminal Procedure, an article 727-1 reads as follows:
    " Art. 727-1. -For the purpose of preventing escapes and ensuring the safety and good order of penitentiary institutions or health facilities entitled to receive detainees, the telephone communications that the persons detained have been Authorised to pass may, with the exception of those with their lawyer, be listened to, recorded and interrupted by the prison administration under the supervision of the prosecutor of the territorial Republic competent, under conditions and according to Terms and conditions specified by Order in Council.
    " Inmates and their correspondents are informed that telephone conversations can be listened to, recorded and interrupted.
    " Records that are not tracked No transmission to the judicial authority pursuant to Article 40 may be retained beyond a period of three months. "

    Article 73


    The seventh subparagraph (6 °) of Article 398-1 of the Code of Criminal Procedure reads as follows:
    " 6 ° Planned offences By the Environmental Code in the field of hunting, freshwater fishing, maritime fishing and the protection of fauna and flora; ".

    Article 74 Learn more about this Article ...


    I. -The general code of the local authorities is thus amended:
    1 ° Article L. 2213-18 is supplemented by a paragraph worded as follows:
    " They also note the ticketing referred to in the book VI of the Criminal Code, the list of which is laid down by decree in the Council of State, since they do not require their part to be investigated and to the exclusion of those against attacks on the integrity of persons. " ;
    2 ° Article L. 2213-19 is supplemented by a paragraph worded as follows:
    " For the exercise of the powers laid down in the last paragraph of Article L. 2213-18 of this Code, the Field Guards shall act in accordance with the provisions of 3 ° Article 21 of the Code of Criminal Procedure. " ;
    3 ° Article L. 2512-16 is thus amended:
    (a) In the first sentence of the first subparagraph, after the words: " Taken pursuant to Article L. 2512-13 shall be inserted as follows: And those relating to parking permits on The public channel " ;
    (b) In the second paragraph, the words: " The decrees of the Mayor of Paris relating to the police of conservation in public outbuildings incorporated in the public domain of the commune of Paris " Are replaced by the words: " Having committed the offences referred to in the first paragraph
    . -The Law of 15 July 1845 on the Railway Police is thus amended:
    1 ° Article 21 reads as follows:
    " Art. 21. - A penalty of six months' imprisonment and a fine of EUR 3 750 for any person:
    " 1 ° Amend or relocate without authorization or to degrade or disturb the railway, berms, fences, gates, buildings and Works of art, production, transmission and distribution facilities, as well as apparatus and equipment of any kind used for exploitation;
    " 2 ° Dispose or deposit any material or object on the lines Energy distribution or distribution;
    " 3 ° To prevent the operation of any signals or apparatus or to manoeuvre, without having to do so, those which are not available to the public;
    " 4 ° To disturb or hinder, by means of Signals made outside the service or otherwise, the running or running of trains;
    " 5 ° To enter, circulate or park without due authorization in the parts of the railway or its dependencies which are not Not assigned to public traffic, to introduce animals or to allow them to introduce those for which it is responsible, to circulate or park a foreign vehicle to the service, to throw or deposit any material or object, Entering or exiting the railway enclosure by means other than those assigned to that use;
    " 6 ° Leave it on the parts of a public road followed or crossed at level by a railway of cars or Animals, to throw or deposit any material or object, to follow the tracks of the railway track by foreign vehicles to the service;
    " 7 ° Leave to remain, after a formal notice of deletion by the representative of The State, all light installations and in particular any light advertising by means of signs, signs or illuminating or reflecting signs, where they are such as to create a danger for the movement of convoys by reason of the inconvenience That they provide for the observation of signals by railway agents. " ;
    2 ° Article 23 is thus amended:
    a) The current provisions constitute an I;
    b) In the second sentence of the first subparagraph, the words: " Article 529-4 of the Code of Criminal Procedure " Are replaced by the reference: " The II " ;
    c) Added a II as follows:
    " II. -In addition to the powers under Article 529-4 of the Code of Criminal Procedure, the officers mentioned in the I shall be entitled to identify the perpetrators of the offences referred to in audit I for the preparation of the relevant
    . If the offender refuses or is unable to justify his or her identity, the agents of the operator shall promptly and by any means notify a competent territorially competent police officer. On the order of the latter, the agents of the operator may be authorised to detain the offender for the time strictly necessary for the arrival of the judicial police officer or, where appropriate, to drive him to the field in front of him
    " Where the judicial police officer decides to carry out an identity check, under the conditions laid down in Article 78-3 of the Code of Criminal Procedure, the period provided for in the third paragraph of this Article shall be counted from the identification. " ;
    3 ° In the first sentence of the first paragraph of Article 23-1, after the words: " In the first subparagraph ', the reference shall be inserted: ' Of the I " ;
    4 ° Article 23-2 is thus amended:
    a) The last sentence of the first subparagraph is deleted ;
    (b) After the first subparagraph are inserted two sub-paragraphs as follows:
    " In the event of refusal to comply, the agents specially designated by the operator may force the person concerned to get off the vehicle and, where necessary, Require the assistance of the public.
    " They shall inform, without delay and by any means, a territorially competent judicial police officer of this measure. "
    III. -The Code of Criminal Procedure is thus amended:
    1 ° After 2 ° of Article 21, it shall be inserted a 3 ° thus written:
    " 3 ° Field guards, when they act for the exercise of the powers laid down in the last paragraph of Article L. 2213-18 of the General Code of Territorial Communities. " ;
    2 ° The seventh preambular paragraph of Article 44-1 is supplemented by the following sentence:
    " These provisions also apply to contraventions of the same nature as the field guards are entitled to see in Minutes In accordance with Article L. 2213-18 of the General Code of Territorial Communities. " ;
    3 ° In the first paragraph of section 529-4, the words: " And only when they carry out checks on the existence and validity of passenger transport documents, ' Are deleted.

    Item 75 More about this Article ...


    I. -Law No. 83-629 of 12 July 1983 regulating private security activities is thus amended:
    1 ° Article 6 reads as follows:
    " Art. 6. - No person shall be employed or assigned to participate in an activity referred to in item 1:
    " 1. If the person has been convicted of a correctional penalty or a criminal penalty in the Criminal Records Bulletin No. 2 or, For foreign nationals, in an equivalent document, for reasons incompatible with the performance of the duties;
    " 2. If it is the result of the administrative investigation, having, where appropriate, consulted the data processing operations at Personal character managed by the national police and gendarmerie services falling within the provisions of Article 26 of Act No. 78-17 of 6 January 1978, with the exception of the identification files, whether its conduct or Acts are contrary to honour, probity, morality or are likely to impair the safety of persons or property, public security or the security of the State and are incompatible with the exercise of office Above;
    " 3 ° If it has been the subject of an expulsion order not repealed or a ban on French territory not fully enforced;
    " 4 ° If it does not justify its professional competence in accordance with the terms defined by Order in Council of State.
    " The fulfilment of these conditions shall be attested by the possession of a professional card issued in accordance with the procedures laid down by decree in the Council of
    . The professional card may be removed when its The holder shall cease to fulfil one of the conditions laid down in the 1 °, 2 ° and 3 ° ;
    2 ° Article 6-1 reads as follows:
    " Art. 6-1. -I.-Access to training for the purpose of acquiring professional competence shall be subject to the grant of a prior authorisation, based on compliance with the conditions laid down in the 1 °, 2 ° and 3 ° section of Article 6
    II. -By way of derogation from Article 6, a provisional authorisation to be employed in order to participate in an activity referred to in Article 1 shall be issued to the person who is not the holder of the occupational card, on his application, in the light of the conditions laid down at 1 °, 2 ° and 3 ° of Article 6.
    " Any natural or legal person carrying on an activity referred to in Article 1 concluding a contract of employment with a person who is the holder of that authorisation shall ensure that he is issued without delay To justify professional fitness. The person holding the above provisional authorisation may not be assigned to a position corresponding to an activity referred to in Article 1.
    " The probing period of the employee shall be extended for a period equal to that of the period of Training referred to in the preceding paragraph, within the maximum of one month, in the absence of a specific stipulation of a comprehensive collective agreement or agreement. " ;
    3 ° In the first paragraph of Article 6-2, the reference: At 5 ° " Is replaced by the reference: " At 4 ° ", and references:" 2 ° to 5 ° " Are replaced by references: " 1 ° to 3 ° " ;
    4 ° Article 9 is supplemented by two sub-paragraphs Thus written:
    " Any natural or legal person who uses the services of an undertaking carrying on an activity referred to in Article 1 may request the references of the occupational card of each employee Participating in performance execution.
    " The claimant shall provide this information without delay. "
    II. -The I shall enter into force on a date fixed by decree in the Council of State and, no later than two years after the publication of this Law.

    Article 76 Learn more about this Article ...


    I. -Law No. 83-629 of 12 July 1983 is thus amended:
    1 ° In the first sentence of the first subparagraph of Article 9-1:
    a) The reference: 6-1 " Is replaced by the reference: " 6 " ;
    b) Words: " Or approval " Are replaced by the words: " , licence or professional card " ;
    2 ° 1 of II of Article 14 is thus written:
    " 1 ° Use of a person who is not a professional card holder Article 6, with a view to involving it in one of the activities referred to in Article 1; "
    3 ° In Article 14, paragraph 1, of Article 14, the words:" Or the declaration provided for in Article 6 (1) " Are deleted;
    4 ° 3 of III of the Even Article 14 reads as follows:
    " 3 ° The fact of entering into a contract of employment as an employee of an undertaking carrying on an activity referred to in Article 1, with a view to participating in one of the activities referred to in that Article without being Holder of the professional card referred to in Article 6. " ;
    5 ° 1 ° of II of Article 14-1 is thus written:
    " 1 ° To employ a person who is not the holder of the professional card referred to in Article 6, with a view to participating in any of the activities referred to in Article 1; "
    6 ° In The first paragraph of Article 19, after the words: It is carried out "shall be inserted the words:" At the request, instruction, issue and withdrawal of the professional card provided for in Article 6 of the prior authorisation provided for in the Section 6-1 and the provisional authorization under section 6-1, as well as ".
    II. -The I shall enter into force on a date fixed by decree in the Council of State and, no later than two years after the publication of this Law.

    Article 77 Read more about this Article ...


    I. -Act No. 83-629 of 12 July 1983, as amended:
    1 ° In the first paragraph of II of Article 14, the words: One year " Are replaced by the words: " Two years ", and the amount:" 15 000 EUR " Is replaced by the amount: " 30,000 EUR " ;
    2 ° In the first paragraph of III of Article 14, the words: " Six months " Are replaced by the words: " One year "and the amount:" 7500 EUR " Is replaced by the amount: " 15,000 EUR " ;
    3 ° In the first paragraph of II of Article 14-1, the words: " One year " Are replaced by the words: " Two years ", and the amount:" 15,000 EUR " Is replaced by the amount: " 30,000 EUR " ;
    4 ° III of Article 14-1 is thus Written:
    " III. -The conclusion of a contract of employment as an employee of a company referred to in Article 11 with a view to participating in one of the activities referred to in Article 1 shall be punishable by one year's imprisonment and a fine of EUR 15 000. The holder of the professional card referred to in Article 6. " ;
    5 ° Section 18 is repealed.
    II. -The I shall enter into force on a date fixed by decree in the Council of State and, no later than two years after the publication of this Law.

    Article 78


    The Law n ° 2003-239 of 18 March 2003 for internal security is thus amended:
    1 ° In Article 101, the word: " Two " Is replaced by the word: " Three ", and reference:" 5 ° " Is replaced by the reference: " 4 ° " ;
    2 ° In Article 106, the word " Two " Is replaced by the word: " Three ".

    Article 79


    After section 27 of the Act of 15 In July 1845, the following Article 28 was inserted: "
    " Art. 28. - This Law shall apply to all public transport of persons or goods guided along their course on their own site. "

    Article 80


    Article L. 2542-1 of the General Code of Territorial Communities reads as follows:
    " Art. L. 2542-1. -The provisions of Title I of Book II of this Part are applicable to the municipalities of the departments of Moselle, Bas-Rhin and Haut-Rhin, with the exception of those of Articles L. 2212-1, L. 2212-2, L. 2212-3, L. 2212-4, L. 2213-6, L. 2213-8, L. 2213-9, L. 2213-21, L. 2213-26, L. 2213-27, L. 2214-3, L. 2214-4, L. 2215-1 and L. 2215 -4. "

    Article 81 Learn more about this Article ...


    I. -The general code of the local authorities is thus amended:
    1 ° Article L. 2573-1 reads as follows:
    " Art. L. 2573-1. -Articles L. 2211-1 to L. 2211-5 apply to the communes of Mayotte. " ;
    2 ° Article L. 5832-13 is modified as follows:
    a) The I reads as follows:
    " I. Articles L. 5211-56, L. 5211-58 and L. 5211-60 shall apply to Mayotte. " ;
    b) In II, the words: " Article L. 5211-57 shall apply " Are replaced by the words: " Articles L. 5211-57 and L. 5211-59 shall apply " ;
    3 ° III of article L. 5832-21 reads as follows:
    " III. -For the purposes of Article L. 5216-5:
    " 1 ° 2 ° of the I is thus written:
    " 2 ° With regard to the development of the Community space: master plan and sector scheme and organisation of urban transport of persons;
    2 ° In The second paragraph of the V, the word 'departmental shall be replaced by the words' of the departmental community. "
    II. -After Article 51 of Law No. 2006-396 of 31 March 2006 on equal opportunities, an Article 51-1 reads as follows: '
    ' Art. 51-1. -I.-Article 50 of this Law shall apply to Mayotte.
    " II. Article 51 of this Law shall apply in French Polynesia and New Caledonia. "
    III. -After Article 809-2 of the Code of Criminal Procedure, an Article 809-3 reads as follows: '
    ' Art. 809-3. -For the purposes of Article 44-1, references to the provisions of the General Code of Territorial Communities provided for in this Article shall be replaced by references to the provisions having the same object of the common code of the New Caledonia and the code of communes of French Polynesia. "
    IV. -The code of the communes of New Caledonia is thus amended:
    1 ° After Article L. 131-1, it is inserted an article L. 131-1-1 thus written:
    " Art. L. 131-1-1. -Subject to the powers of the judicial authority and the powers of the representative of the State, the powers of social action entrusted to New Caledonia and the powers of the public authorities and institutions and bodies Concerned, the mayor animates the crime prevention policy on the territory of its municipality and coordinates its implementation
    In communes with more than 10 000 inhabitants, the mayor or his designated representative under the conditions Article L. 122-11 shall preside over a local safety and crime prevention council set up under conditions laid down by decree. " ;
    2 ° After Article L. 131-2-1, an article L. 131-2-2 reads as follows:
    " Art. L. 131-2-2. -Where facts are likely to affect the good order, safety, security or safety of the public, the Mayor or his or her representative may verbally refer the matter to the attention of the author. It to comply with public order and tranquillity, if necessary by convening it in the town hall.
    " The recall to the order of a minor intervenes, except impossibility, in the presence of his parents or legal representatives. " ;
    3 ° Article L. 132-2 is supplemented by a paragraph worded as follows:
    " They also note the offences referred to in Book VI of the Penal Code, the list of which is fixed by decree in the Council of State, since they do not require Their share of investigative acts and the exclusion of those responsible for attacks on the integrity of persons. " ;
    4 ° Article L. 132-3 is supplemented by a paragraph worded as follows:
    " For the exercise of the powers laid down in the last paragraph of Article L. 132-2, the field guards shall act in accordance with Article 21 of the Code of Procedure Criminal. " ;
    5 ° The first paragraph of Article L. 131-13-1 is amended as follows:
    a) After the words: " When the infringement is inserted the words: " , found and expected, " ;
    b) Added the words: " Or the conditions for its continued ".
    V.-The code of the communes of French Polynesia is thus amended:
    1 ° After Article L. 131-1, it is inserted an article L. 131-1-1 thus written:
    " Art. L. 131-1-1. -Subject to the powers of the judicial authority and the powers of the representative of the State, the powers of social action entrusted to French Polynesia and the powers of the public authorities and the institutions and bodies Concerned, the mayor animates the crime prevention policy on the territory of its municipality and coordinates its implementation.
    " In communes with more than 10 000 inhabitants, the mayor or his designated representative under the conditions Article L. 122-11 shall preside over the local safety and crime prevention council set up under conditions laid down by decree. " ;
    2 ° After Article L. 131-2-1, an article L. 131-2-2 reads as follows:
    " Art. L. 131-2-2. -Where facts are likely to affect the good order, safety, security or safety of the public, the Mayor or his or her representative may verbally refer the matter to the attention of the author. It to comply with public order and tranquillity, if necessary by convening it in the town hall.
    " The recall to the order of a minor intervenes, except impossibility, in the presence of his parents or legal representatives. " ;
    3 ° Article L. 132-2 is supplemented by a paragraph worded as follows:
    " They also note the offences referred to in Book VI of the Penal Code, the list of which is fixed by decree in the Council of State, since they do not require Their share of investigative acts and the exclusion of those responsible for attacks on the integrity of persons. " ;
    4 ° After Article L. 132-2, an Article L. 132-2-1 reads as follows:
    " Art. L. 132-2-1. -Field guards are among the number of officers mentioned in Article 15 of the Code of Criminal
    . They shall carry out their duties under the conditions laid down in Articles 15, 22 to 25 and 27 of the same Code. " ;
    5 ° The first paragraph of Article L. 131-13-1 is amended as follows:
    a) After the words: " When the infringement is inserted the words: " , found and expected, " ;
    b) Added the words: " Or the conditions for its continued ".
    VI. -The first paragraph of Article 805 of the Code of Criminal Procedure is supplemented by the following words: And the words: "State representative in the department are replaced by the words:" State representative in the community ".

    Article 82 More about this Article ...


    I. -Irrespective of the provisions of this Law applicable to Mayotte, the 5 ° of Article 1, the b of 3 ° II of Article 3, Article 4, the II of Article 7, Article 11, the 1 ° of Article 12, the I and III of Article 18, Article 24, the I of Article 25, Articles 29 to 31, Article 34 and Articles 36, 39, 40, 75, 76 and 78 shall apply to Mayotte
    -The I of Article 7, Article 12, Article 13, Article 18, Articles 20 to 22, Article 25, Articles 30, 31 and 33 to 36, Article 37, I, V and VI of Article 38, Articles 39 to 64, I and II of Article 65 and Articles 66 and 68 to 72 shall apply in New
    . -The I of Article 7, Article 12, Articles 13 and 20 to 22, the II of Article 25, Articles 30, 31 and 33 to 36, the I of Article 37, the I, V and VI of Article 38, Articles 39 to 64, I and II of Article 65 and Articles 66 and 66 68 to 72 apply in French Polynesia.
    IV. -The I of Article 7, Article 12, Article 13, Article 18, Articles 20 to 22, Article 25, Articles 30, 31 and 33 to 36, Article 37, I, V and VI of Article 38, Articles 39 to 64, I and II of Article 65 and Articles 66 and 68 to 72 shall apply in the Wallis and Futuna Islands.
    This Law shall be enforced as State Law


Done at Paris, March 5, 2007.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

The Minister of Employment,

Social Cohesion and Housing,

Jean-Louis Borloo

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister of National Education,

of higher education

and search,

Gilles de Robien

Seals, Minister of Justice,

Pascal Clément

Minister of Transport, Equipment,

Tourism and the Sea,

Dominique Perben

The Minister of Health And solidarities,

Xavier Bertrand

Minister of Agriculture and Fisheries,

Dominique Bussereau

Minister of Culture

and Communication,

Renaud Donnedieu de Vabres

Le Minister of Overseas,

François Baroin

Minister of Youth, Sports

and Associative Life,

Jean-François Lamour

The minister delegated to the

budget and state reform,

spokesperson for the Government,

Jean-François Copé

The minister responsible for social security,

for the elderly,

for people with disabilities

and the family,

Philippe Bas


(1) Act No. 2007-297.

-Preparatory work:

Senate:

Bill No. 433 (2005-2006);

Report by Mr. Jean-René Lecerf, on behalf of the Committee on Laws, No. 476 (2005-2006);

Opinion by Mr Nicolas About, on behalf of the Committee on Social Affairs, No. 477 (2005-2006);

Discussion of 13, 14, 19 and 21 September 2006 and adoption on 21 September 2006.

National Assembly:

Bill, adopted by the Senate, No. 3338;

Report by Philippe Houillon, on behalf of the Committee on Laws, No. 3436 ;

Opinion by Mr Jean-Michel Dubernard, on behalf of the Committee on Cultural Affairs, No. 3434;

Discussion from 21 to 24 and 27 November to 1 December 2006 and adopted on 5 December 2006.

Senate:

Bill, as amended by the National Assembly, No. 102 (2006-2007);

Report by Jean-René Lecerf, on behalf of the Committee on Laws, No. 132 (2006-2007);

Discussion on 9 to 11 January 2007 and adoption on 11 January 2007.

National Assembly:

Bill, adopted with amendments by the Senate, at second reading, No. 3567;

Report on Mr Philippe Houillon, on behalf of the Committee on Laws, No. 3674;

Discussion and adoption on 13 February 2007.

Senate:

Bill, as amended by the National Assembly, No. 240 (2006-2007) ;

Report by Jean-René Lecerf, on behalf of the Joint Joint Committee, No. 252 (2006-2007);

Discussion and adoption on 22 February 2007.

National Assembly:

Report by Philippe Houillon, on behalf of the Joint Joint Committee, No. 3736;

Discussion and adoption on 22 February 2007.

-Constitutional Council:

Decision No. 2007-553 DC of 3 March 2007 published in the Official Journal of the day.


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