Act No. 2006-399 Of 4 April 2006 Reinforcing The Prevention And Punishment Of Violence Within The Couple Or Committed Against Minors

Original Language Title: LOI n° 2006-399 du 4 avril 2006 renforçant la prévention et la répression des violences au sein du couple ou commises contre les mineurs

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Summary

Changes to the Civil Code, Penal Code, The provisions of this Law shall apply in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands.

Keywords

JUSTICE, CRIMINAL CODE, CPP, CIVIL CODE , PREVENTION, REPRESSION, DOMESTIC VIOLENCE, COUPLE, MINOR, PHYSICAL ASSAULT , SEXUAL ASSAULT, MARRIAGE, MINIMUM AGE, PENAL OFFENCE, PARTNER , VICTIM, PACS, SPOUSE, CONCUBIN, AGGRAVATING CIRCUMSTANCE, MURDER , EXPLICIT CRIMINALISATION, RAPE BETWEEN SPOUSES, SPECIAL OBLIGATION, ELOIGNEMENT, COMMON HOME , JUDICIAL CONTROL, STAY, PHYSICAL VIOLENCE, EMOTIONAL ABUSE, SEXUAL VIOLENCE , POLYNESIE FRANCAISE, ILES WALLIS ET FUTUNA, NEW-CALEDONIE, PROPOSITION OF LAW

Legislative Folders




JORF n ° 81 of 5 April 2006 page 5097
Text No. 1



ACT No. 2006-399 of 4 April 2006 Strengthening the Prevention and Punishment of Violence in the Couple or committed against minors (1)

NOR: JUSX0508260L ELI: https://www.legifrance.gouv.fr/eli/loi/2006/4/4/JUSX0508260L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2006/4/4/2006-399/jo/texte


The National Assembly and the Senate adopted,
The President of The Republic enacts the following law:

Article 1 Read more about this Article ...


Article 144 of the Civil Code reads as follows:
" Art. 144. -Men and women cannot enter into marriage before the age of 18. "

Item 2 Read more about this Article ...


In Article 212 of the Civil Code, after the word: " ", insert the word:" Respect, ".

Item 3 Learn more about this Article ...


The Civil Code is thus modified:
1 ° In the first sentence of the penultimate paragraph of Article 63, the words: " Not required under Article 146 " Are replaced by the words: " Neither in the light of Article 146 nor under Article 180 " ;
2 ° In the first sentence of the last paragraph of Article 170, the words: " Not required under Article 146 " Are replaced by the words: " Neither in the light of Article 146 nor under Article 180 " ;
3 ° In the first paragraph of Article 170-1, after the word: " Articles ", is inserted the reference:" 180, " ;
4 ° In the first sentence of the first paragraph of Article 175-2, after the reference: " 146 "shall be inserted the words:" Article 180 ".

Article 4 Read more about this Article ...


The Civil Code is thus modified:
1 ° The penultimate paragraph of Article 63 is supplemented by two sentences written:
" It may delegate to one or more officials holding the civil status service of the municipality the completion of the joint hearing or separate interviews. If one of the future spouses resides in a foreign country, the registrar may ask a French diplomatic or consular official in that country to conduct his or her hearing." ;
2 ° Before the last sentence of the last paragraph of Article 170, two sentences are inserted as follows:
" They may delegate to one or more civil servants in charge of civil status the completion of the joint hearing or separate interviews. If one of the spouses or future spouses resides in a country other than that of the celebration, they may ask the territorially competent civil status officer to proceed to the hearing. "

Item 5 Learn more about this Article ...


The first paragraph of Article 180 of the Civil Code is supplemented by the words and a sentence thus written: " , or by the public prosecutor. The exercise of a constraint on the spouses or one of them, including a reversionary fear towards an ascendant, constitutes a case of nullity of marriage. "

Article 6 Learn more about this Article ...


The civil code is thus modified:
1 ° In Article 181, the words: " , every time there has been a continuous cohabitation for six months " Are replaced by the words: " After a period of five years from the date of marriage or " ;
2 ° In Article 183, the words: " A year " Are replaced twice by the following words: " Five years ".

Article 7 Read more about this Article ...


After Article 132-79 of the Penal Code, an article 132-80 reads as follows:
" Article 132-80. -In the cases provided for by law, the penalties for a crime or a crime are aggravated when the offence is committed by the spouse, the partner or the partner linked to the victim by a civil pact of solidarity
The aggravating circumstance provided for in the first subparagraph is also made when the facts are committed by the former spouse, the former partner or the former partner linked to the victim by a civil pact of solidarity. The provisions of this paragraph shall apply where the offence is committed because of the relationship between the perpetrator and the victim. "

Article 8 Learn more about this Article ...


The 6 ° of Article 222-3, the 6 ° of Article 222-8, the 6 ° of Article 222-10, the 6 ° of Article 222-12 and the 6 ° of Article 222-13 of the Criminal Code are supplemented by the following words: Or partner linked to the victim by a civil pact of solidarity ".

Article 9 Read more about this Article ...


Article 311-12 of the Penal Code is supplemented by a paragraph worded as follows:
" The provisions of this Article shall not apply where the flight relates to objects or documents essential to the daily life of the victim, such as identity documents, relating to the residence or residence of a foreigner, Or means of payment. "

Article 10 Read more about this Article ...


After 8 ° of article 221-4 of the Penal Code, it is inserted a 9 ° thus written:
" 9 ° By the victim's spouse or partner or partner linked to the victim by a civil pact of solidarity. "

Article 11
I. -After the first subparagraph of Article 222-22 of the Criminal Code, a paragraph shall be inserted as
: Rape and other sexual assaults are constituted when they have been imposed on the victim in the circumstances provided for in this section, regardless of the nature of the relationship between the aggressor and the victim, including whether they Are united by the marriage bond. In this case, the presumption of consent of the spouses to the sexual act is only valid until proven otherwise. "
II. Article 222-24 of the Code is supplemented by an 11 ° reading:
" 11 ° When committed by the spouse or partner of the victim or partner linked to the victim by a civil pact of solidarity. "
III. -Article 222-28 of the same code is supplemented by a 7 ° thus written:
" 7 ° When committed by the spouse or partner of the victim or partner linked to the victim by a civil pact of solidarity. "

Item 12
I. Article 41-1 of the Code of Criminal Procedure reads as follows: '
' 6 ° In the case of an offence committed either against his spouse, his partner or his partner bound by a civil pact of solidarity, either against his or her children or those of his spouse, partner or partner, ask the author of the facts to reside outside the The residence or residence of the couple and, where appropriate, refrain from appearing in that residence or residence or in the immediate vicinity of the couple, and, if necessary, be subject to health, social or social care; The provisions of this 6 ° are also applicable where the offence is committed by the former spouse or cohabitee of the victim, or by the person who has been linked to it by a civil pact of solidarity, the domicile concerned Being the victim. "
II. -The 14 ° of article 41-2 of the same code reads:
" 14 ° In the case of an offence committed either against his spouse, his partner or his partner connected by a civil pact of solidarity, or against his or her children or those of his spouse, partner or partner, reside outside the home or residence of the couple And, where appropriate, refrain from appearing in or near the residence or the immediate vicinity of the residence, as well as, if necessary, the object of health, social or psychological care; the provisions of this 14 ° shall be Also applicable where the offence is committed by the former spouse or cohabitee of the victim, or by the person having been linked to it by a civil solidarity pact, the domicile concerned being that of the victim. "
III. -The 17 ° of article 138 of the same code reads as follows:
" 17 ° In the case of an offence committed either against his spouse, his partner or his partner connected by a civil pact of solidarity, or against his or her children or those of his spouse, partner or partner, reside outside the home or residence of the couple And, where appropriate, refrain from appearing in or near the residence or the immediate vicinity of the residence, as well as, if necessary, the object of health, social or psychological care; the provisions of this 17 ° are Also applicable where the offence is committed by the former spouse or cohabitee of the victim, or by the person having been linked to it by a civil solidarity pact, the domicile concerned being that of the victim. "
IV. Article 132-45 of the Penal Code reads as follows:
" 19 ° In the case of an offence committed either against his spouse, his partner or his partner connected by a civil solidarity pact, or against his or her children or those of his spouse, partner or partner, reside outside the home or residence of the couple And, where appropriate, refrain from appearing in or near the residence or the immediate vicinity of the residence, as well as, if necessary, the object of health, social or psychological care; the provisions of this 19 ° shall be Also applicable where the offence is committed by the former spouse or cohabitee of the victim, or by the person having been linked to it by a civil solidarity pact, the domicile concerned being that of the victim. "
V. The last paragraph of Article 394 of the Code of Criminal Procedure is supplemented by a sentence so worded:
" If the accused person under judicial supervision is exempt from the obligations imposed on him, the provisions of the second subparagraph of Article 141 (2) shall apply. "
VI. -The last paragraph of Article 396 of the Code is supplemented by the following sentence:
" If the accused person under judicial supervision is exempt from the obligations imposed on him, the provisions of the second subparagraph of Article 141 (2) shall apply. "
VII. -The first paragraph of Article 397-3 of the Code is supplemented by the following sentence:
" If the accused person under judicial supervision is exempt from the obligations imposed on him, the provisions of the second subparagraph of Article 141 (2) shall apply. "
VIII. -Article 471 of the Code is supplemented by a paragraph worded as follows: '
' If the court has ordered the maintenance of judicial review and the person is subtracted from the obligations imposed on him, the provisions of the second paragraph of Article 141 (2) shall apply. Where the judgment is enforceable and the convicted person is placed under the probation regime, the sentencing judge may designate, in order to ensure compliance with the obligations, the natural or legal person who was responsible for monitoring The person concerned in the course of judicial review. "

Item 13 Read more about this Article ...


The Government tables, every two years, on the Bureau of Parliamentary Assemblies, a report on national policy to combat violence within couples, including on conditions The reception, care and accommodation of the victims, their social reintegration, the modalities of the health, social or psychological care of the perpetrators, and the number, duration and legal basis of the judicial measures Directing them to reside outside the home or residence of the couple.

Article 14
I. -After Article 222-16-1 of the Criminal Code, Article 222-16-2 reads as follows: '
' Art. 222-16-2. -In the event that the crimes and offences provided for in Articles 222-8, 222-10 or 222-12 are committed abroad on a minor victim habitually resident in French territory, the French law shall apply in derogation from the provisions of the Article 113-7. In the case of an offence, the provisions of the second sentence of Article 113-8 shall not apply. "
II. -In Article 226-14 of the same code, after the word: Infringements ", are inserted the words:" Or FGM ".
III. -In the last paragraph of Article 7 of the Code of Criminal Procedure, the words: And committed against minors " Are replaced by the words: " Of this Code and the crime provided for in Article 222-10 of the Penal Code, when committed on minors,
. -In the last paragraph of Article 8 of the same Code, the references: 222-30 and 227-26 " Are replaced by references: " 222-12, 222-30 and 227-26 of the Penal Code.

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In the last paragraph of Article 222-47 of the Penal Code, after the words: " ' shall be inserted in the words: ' 222-23 to 222-30, when committed on minors, and by articles ".

Article 16 Read more about this Article ...


I. -After Article 225-11-1 of the Criminal Code, an Article 225-11-2 reads as follows: '
' Article 225-11-2. -In the event that the offence provided for in the 1 ° of Article 225-7 is committed abroad by a Frenchman or by a person ordinarily resident in French territory, the French law shall apply by way of derogation from the second paragraph of the Article 113-6 and the provisions of the second sentence of Article 113-8 shall not apply. "
II. -After 3 ° of Article 225-12-2 of the same code, it shall be inserted a 4 ° thus written:
" 4 ° When the perpetrator deliberately or reckless puts the life of the person in danger or has committed violence against it. "
III. Article 225-20 of the same Code is supplemented by a 7 ° thus written:
" 7 ° The prohibition of practice, either permanently or for a period of up to ten years, of a professional or voluntary activity involving habitual contact with minors. "
IV. -Article 227-23 of the same Code is thus amended:
1 ° In the first sentence of the first subparagraph, the words: Three years' imprisonment and 45 000 EUR ' Are replaced by the words: " Five years' imprisonment and EUR 75 000 ' ;
2 ° The second sentence of the first subparagraph is deleted;
3 ° In the second paragraph, after the words: " The act of offering "shall be inserted words:" , make available " ;
4 ° In the third paragraph, the words: " Five years' imprisonment and EUR 75 000 ' Are replaced by the words: " Seven years' imprisonment and EUR 100 000 ' ;
5 ° After the third subparagraph, a paragraph shall be inserted as follows:
" An attempt to commit the offences set out in the preceding paragraphs shall be punishable by the same penalties." ;
6 ° In the penultimate paragraph, words: " The second, third and fourth paragraphs' Are replaced by the words: " In this Article ".
V.-After Article 227-28-2 of the same Code, an Article 227-28-3 shall be inserted as follows:
" Art. 227-28-3. -making offers or promises to a person or offering any gifts, gifts or benefits in order for it to commute to a minor one of the crimes or offences referred to in Articles 222-22 to 222-31, 225-5 to 225-11, 227-22, 227-23 and 227-25 to 227-28 shall be punished, where the offence has not been committed or attempted, three years'imprisonment and a fine of EUR 45 000 if that offence constitutes an offence, and seven years' imprisonment and a fine of EUR 100 000 if it Is a crime. "
VI. -In Article 706-47 of the Code of Criminal Procedure, after the words: "Sexual offences" shall be inserted as follows: Or proxies for a minor ", and the reference:" 225-12-1 " Is replaced by references: " 225-7 (1 °), 225-7-1, 225-12-1, 225-12-2 ".

Item 17 Learn more about this Article ...


After Article 706-56 of the Code of Criminal Procedure, an Article 706-56-1 reads as follows:
" Art. 706-56-1. -On the instruction of the public prosecutor of the place of residence or detention of the person concerned, the genetic fingerprints of persons of French nationality, or of foreign nationality, are recorded in the file provided for in this Title Habitual resident in the national territory, and who have been convicted by a foreign criminal court for an offence of the same nature as those mentioned in 1 ° and 2 ° of Article 706-55, where those convictions, in application A Convention or an international agreement, have been the subject of an opinion to the French authorities or executed in France following the transfer of sentenced persons. The provisions of Article 706-56 shall apply to such persons. "

Article 18
The provisions of this Law shall apply in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands.
This Law shall be enforced as State Law.


Done in Paris, April 4, 2006.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of Justice,

Pascal Clément

The Minister of Health and Solidarity,

Xavier Bertrand

The Minister for Overseas Affairs,

François Baroin

The Minister Delegate to social security,

to the elderly,

to people with disabilities

and family,

Philippe Bas


(1) Preparatory work: law n ° 2006-399.

Senate:

Bill s 62 and 95 (2004-2005);

Report by Mr. Henri de Richemont, on behalf of the Committee on Laws, No. 228 (2004-2005);

Information Report by Mr. Jean-Guy Branger, on behalf of the Delegation to women's rights, No. 229 (2004-2005);

Discussion and adoption on March 29, 2005.

National Assembly:

Bill, adopted by the Senate, No. 2219;

Report by Mr. Guy Geoffroy, on behalf of the Committee on Laws, No. 2726;

Discussion and adoption on 13 December 2005.

Senate:

Bill, as amended by the National Assembly at first reading, No. 138 (2005-2006);

Report by Mr. Henri de Richemont, au Name of the Law Commission, No. 160 (2005-2006);

Discussion and adoption on 24 January 2006.

National Assembly:

Bill, adopted with amendments by the Senate at second reading, No. 2809;

Report By Mr Guy Geoffroy, on behalf of the Committee on Laws, No. 2851;

Discussion and adoption on 21 February 2006.

Senate:

Report by Henri de Richemont, on behalf of the Joint Joint Committee, No. 240 (2005-2006);

Discussion and adoption on March 9, 2006.

National Assembly:

Bill adopted;

Report by Guy Geoffroy, on behalf of the Joint Joint Committee, No. 2927;

Discussion and adoption on March 23, 2006.


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