Implementing texts circular of 6 August 2002 relating to the application of Act No. 2002-1062 of 6 August 2002 laying Amnesty opinion issued by the State Council on questions of law raised by a tribunal or an administrative Court of appeal (1) summary this Act of amnesty adopted August 3, 2002, amends the following text: Article 25: Act 2000-1207 of 13 December 2000 guidance for the overseas by amending article 19.CHAP. I : AMNESTY LAW. SECTION 1: AMNESTY DUE TO THE NATURE OF THE OFFENCE (ARTS. 1 TO 4) OR THE CIRCUMSTANCES OF ITS COMMISSION; SECTION 2: AMNESTY BECAUSE THE QUANTUM OR THE NATURE OF THE SENTENCE (ART. 5 TO 8). SECTION 3: Disputes relating to the amnesty (ART. 9) .CHAP. II: Amnesty by measuring individual (ART. 10) .CHAP. III: Amnesty in disciplinary or professional (arts. 11 to 13) .CHAP. IV: EXCLUSIONS of amnesty (ART 14) .CHAP. V: effects of amnesty (ART. 15-25). This Act provides the most restrictive device on those adopted since the beginning of the Fifth Republic and reconciles the forgetfulness of the past and the necessary effectiveness of the criminal law. Bill stands out especially of the previous laws by the considerable number of the cases of exclusion from the benefit of amnesty: 41 in the initial Bill against 28 in the 1995 Act, brought to 49 by the National Assembly which had especially added to the forgery offences, the offences of abuse of social and related goods some parking tickets, violations in the exercise of the right to organise and to the legislation on working conditions or the offences of money-laundering or violations to the rights of persons arising from the constitution or using files computerized. Finally, Amnesty maintains in a file of judicial police of amnestied crimes entries.
Keywords JUSTICE, Amnesty, offence, sentence, QUANTUM, challenge, measure individual, disciplinary SANCTION, SANCTION professional, police record check, file information, parking, sports, overseas, MAYOTTE, New Caledonia, French Polynesia, WALLIS and FUTUNA, land southern and Antarctic French draft law records statutory Legislative Act No. 2002-1062 6 August 2002 Dossier JORF of 9 August 2002 page 13647 text no. 1 Act No. 2002-1062 of August 6, 2002 on the amnesty (1) NOR : JUSX0200109L ELI: https://www.legifrance.gouv.fr/eli/loi/2002/8/6/JUSX0200109L/jo/texte Alias: https://www.legifrance.gouv.fr/eli/loi/2002/8/6/2002-1062/jo/texte the National Assembly and the Senate have adopted, the President of the Republic enacts the law whose content follows: chapter I:: Amnesty Law section 1 are granted amnesty law, by reason either of their nature or the circumstances of their commission , either quantum or the nature of the sentence, the offences mentioned in this chapter when they have been committed prior to May 17, 2002, with the exception of those which are excluded from the benefit of the amnesty in accordance with the provisions of article 14.
The amnesty provided for in this chapter benefits to natural persons and to legal persons.
Section 1: Amnesty due to the nature of the offence or circumstances of its commission Article 2 were given amnesty because of their nature: 1 ° contraventions of police and contraventions of large highways;
2 ° the offences for which only a penalty fine is incurred, with the exception of any penalty or measure;
3 ° offences provided for by the law of 29 July 1881 on freedom of the press;
4 ° the offences provided by articles 397, 398 406, 414, 415, 418, 429 (first paragraph), 438, 441, 447, 451, 453, 456 third paragraph), 457, 460, 461, 465, 468 and 469 (first subparagraph) of the code of military justice and articles L 118, L 124, L. 128, L. 129, L. 131, L 134, L. L. 149, L. 149 146 - 7 , L. 149-8, L. 149 - 9, L. 156 and L. 159 of the national service code; However, the offences of desertion provided by articles 398-406 of the code of military justice committed by a career soldier serving under a contract, are not amnestied when the starting point of the time limits fixed in article 398 of this code is prior to 17 May 2002 and that the author has or will be presented voluntarily before the military authority before 31 December 2002.
Article 3 are given amnesty when they are subject to less than ten years imprisonment, the crimes committed under the following circumstances: 1 ° offences committed in conflicts at work or events trade unions and industrial employees, public officials and members of liberal professions, including during demonstrations on the highway or in public places;
2 ° offences of illegal practice of medicine committed in connection with the practice of osteopathy or chiropractic activity by professionals who meet the conditions of exercise by Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health care system;
3 ° offences committed at the occation of conflicts relating to the problems of education or offences relating to the reproduction of works or the use of software for educational purposes and not for profit;
4 ° offences relating to industrial, agricultural, rural, artisanal and commercial conflicts, including during demonstrations on the public highway or in public places;
5 ° offences in relation to elections of any kind, with the exception of those who are in connection with the financing direct or indirect election campaigns or political parties;
6 ° crimes in connection with the defence of the rights and interests of French repatriated from overseas.
When it intervenes after final conviction, amnesty resulting from this article shall be established by the Crown about the court having pronounced the sentence, acting either ex officio or at the request of the convicted person or his successors in title. The decision of the public prosecutor's Office may be challenged under the conditions laid down in the second and third subparagraphs of article 778 of the code of criminal procedure.
Article 4 in the event of conviction for multiple offences, the convicted person is pardoned if the offence amnestied pursuant to the provisions of this section is legally punishable by sentencing the stronger or imprisonment equal to those provided for other continuing offences, unless any of these offences is excluded from the benefit of this Act pursuant to the provisions of article 14.
Section 2: Amnesty because the quantum or the nature of the sentence Article 5 are amnestied crimes that have been or will be punished by fine or day-fines, excluding one of the penalties provided for in article 6.
However, if the fine is more than 750 EUR, the amnesty will be acquired only after the payment of the fine or after will have suffered imprisonment under article 131-25 of the criminal code; the amnesty will also acquired after execution of the constraint by body, it does not however impeding the subsequent recovery of the fine.
Article 6 are pardoned offences that have been or will be punished following penalties: 1 ° imprisonment less than or equal to three months without suspension; sentences of imprisonment without suspension resulting from the revocation of a sentence of imprisonment with application of the stay with the obligation to perform work of general interest are not amnestied;
2 ° imprisonment less than or equal to three months with application of the suspended sentence with probation;
3 ° imprisonment less than or equal to six months with application of the simple sentence;
4 ° terms of imprisonment lasting more than three months and not exceeding six months with application of the suspended sentence with probation, when the conviction has been declared void pursuant to article 132-52 of the penal code, or the convict will have accomplished the timeout test laid down by article 132-42 of the criminal code without having been, in application of articles 132-47-132-51 of the penal code , a decision ordering the revocation of the stay;
5 ° imprisonment for a term not exceeding six months with application of the stay with the obligation to perform work of general interest, when the convict will have done all of the work of general interest without the object, in application of article 132-56 of the penal code, a decision ordering the revocation of the stay; where application has been made to the procedure laid down in article 132-57 of the penal code, the quantum of the penalty to be taken into account for the purposes of this article is the one resulting from the implementation of the said procedure.
6 ° imprisonment which a part is accompanied by simple or conditional sentences with probation, suspended when the closed portion of the imprisonment is less or equal to three months and that the total duration of the sentence is less than or equal to six months, subject are filled, for sentences of probation to the test the conditions laid down in the 4th;
7 ° sentences of community service imposed pursuant to articles 131-8 of the criminal code and 20-5 of Ordinance No. 45-174 of 2 February 1945 relating to delinquent children, Amnesty being however acquired after completion by the offender of all of the work of general interest;
8 ° alternative sentences in accordance with the provisions of 1 ° to 5 ° and 8 ° to 10 ° of article 131-6 of the penal code;
9 ° additional sentences as main penalties pursuant to the provisions of article 131-11 of the criminal code, with the exception of the penalties mentioned in article 16.
When the above sentences were handed down concurrently with a sentence of fine or day-fines, the amnesty is acquired subject that the condition laid down in the second subparagraph of article 5 is completed.
Article 7 are amnestied offences that have been or will be: 1 ° has a waiver of penalty in accordance with articles 132-58 and 132-59 of the criminal code;
2 ° a warning measure, either the delivery of the minor to his parents, his guardian or the person who had custody or a trustworthy person, either the exempt from any measure, pursuant to Ordinance No. 45-174 of 2 February 1945, supra.
Article 8 the amnesty provided for in articles 5 to 7 is acquired only after conviction became final.
However, off the cases where amnesty is subject to the execution of the penalty, in the absence of civil party and opposition, appeal or appeal in cassation within the legal starting time of the day of the decision, this amnesty is acquired, without that there is place to meaning, after conviction by default, iterative default or under the conditions laid down by articles 410 and 411 of the code of criminal procedure.
The convicted person benefiting from the amnesty provided for in the preceding paragraph retains the possibility of opposition, appeal or appeal in cassation, as the case may be, if he subsequently subject to a summons on civil interests. The period of opposition, appeal or appeal in cassation is then calculated from the day where the convicted person has been informed of this assignment.
When he formed a call, an opposition or an appeal in cassation before the entry into force of this Act against a conviction amnestied pursuant to articles 5 to 7, the accused may, by declaration at the registry of the Court that rendered the decision or of the correctional institution in which he is detained, withdraw of the remedy exercised. This withdrawal makes obsolete remedies incidents other than those formed by the civil parties and the other accused and makes final sentencing with regard to public action, against those who withdrew.
Section 3: Disputes relating to Article 9 Amnesty disputes over the amnesty law provided for by this chapter are subject to the rules of competence and procedure laid down by the second and third subparagraphs of article 778 of the code of criminal procedure.
If the decision is made by a military court sitting in France, the query will be submitted to the Chamber of the statement of the Court of appeal in the jurisdiction of which was established by this Court.
If the decision is made by a court in the military serving abroad, the request will be presented to the Chamber of the Court of appeal of Paris.
For contraventions of great road, the jurisdiction is that pronounced the sentence.
In the absence of definitive conviction, disputes are subject to the jurisdiction to rule on the prosecution.
Chapter II: Amnesty by individual measures Article 10 the President of the Republic may admit, by Decree, to benefit from the Amnesty individuals prosecuted or convicted for any offence committed prior to May 17, 2002, with the exception of the offences which are excluded from the benefit of amnesty in application of article 14 as such persons have not, prior to this offence subject to a conviction to deprivation of liberty for a crime or an offence under ordinary law and that they belong to one of the following categories: 1 ° persons aged less than twenty-one at the time of the offence;
2 persons who have been the subject of an individual quote, or are holders of a military disability pension or have been victims of war injuries during the war 1914-1918, 1939-1945 or Algeria, or fighting in Tunisia or Morocco on the theaters of operations abroad, during peacekeeping operations outside the metropolis or order by the effect of acts of terrorism;
3 ° deported resistant or political and interned resistant or political;
4 ° resistant one of the ancestors died for France;
5 voluntary committed ° 1914-1918 and 1939-1945;
6 ° individuals who have distinguished themselves in an exceptional way in humanitarian, cultural, sport, scientific or economic areas.
The request for amnesty may be submitted by any person within one year after either of the enactment of this Act or the final sentence. With regard to the persons referred to in 1 °, the period is extended until the date on which the convicted person will have attained the age of twenty.
The provisions of this article may be invoked in support of a request for amnesty concerning an offence committed even before 18 May 1995 without a foreclosure titled Act No. 95-884 3 August 1995 on the amnesty or a previous amnesty law cannot be enforced.
Chapter III: Amnesty in disciplinary or professional Article 11 are amnestied acts committed before May 17, 2002, as they constitute punishable mistakes of disciplinary or professional sanctions.
Are also included in the provisions of the preceding paragraph the disciplinary penalties imposed on students by institutions of french teaching abroad referred to in article L. 451 - 1 of the code of education or entering the field of competence of the Agency for french teaching abroad referred to in articles L. 452 - 2 to L. 452 - 5 of the code.
However, if these facts gave rise to a criminal conviction, the amnesty in disciplinary or professional sanctions shall be subject to amnesty or the legal rehabilitation or Court of criminal conviction.
Except for the individual measurement granted by Decree of the President of the Republic, are excepted from the benefit of the amnesty provided for in this article the facts constituting breaches of honor, integrity or morality. The application of amnesty may be made by any person interested in a period of one year is the enactment of this Act or the final sentence.
Under the conditions laid down in article 11, article 12 are amnestied the facts retained or likely to be used as grounds for sanctions by an employer.
The Labour Inspectorate ensures that it can be referred to the amnestied facts. For this purpose, it ensures the withdrawal of the entries for these sanctions in the records of any nature regarding the workers who benefit from the amnesty.
The rules of jurisdiction applicable to litigation of sanctions are applicable to litigation of the amnesty.
Article 13 disputes for the benefit of the amnesty in disciplinary sanctions or definitive Professional are brought before the authority or the Court that rendered the decision.
The interested party may seize this authority or court to establish that the benefit of amnesty is actually acquired.
In the absence of final decision, these disputes are subject to the authority or the Court for the prosecution.
Execution of the sanction is suspended until it is held on the application; the appeal against the decision of rejection of the application also has a suspensive effect.
However, the authority or the court seised of the application or the appeal may, by special reasoned decision, order provisional execution of the sanction; This decision, when it falls under the jurisdiction of a court may, in an emergency, be made by the president of that court or one of its members delegated for this purpose.
Chapter IV: Exclusions from Article 14 amnesty are excluded from the benefit of the amnesty provided for in this Act the following offences, as they have been alleged to natural persons or legal entities: 1 ° offences of terrorism within the scope of article 706-16 of the code of criminal procedure, including in its applicable before drafting Act No. 96-647 of 22 July 1996 to strengthen the Suppression of terrorism , and even when the facts are before the entry into force of Act No. 86 - 1020 of 9 September 1986 on the fight against terrorism;
2 ° offences of discrimination under articles 225-1-225-3 and 432-7 of the penal code and L. 123 - 1, L. 412 - 2 and L. 413 - 2 of the labour code;
3 ° voluntary attacks on the physical or psychological integrity of a minor of 15 years or a particularly vulnerable person under 1 ° and 2 ° by articles 222-14 and 222-15 of the penal code and articles 222-8, 222-10, 222-12 and 222-13
4 ° offences of bribery, taking illegal interest and patronage, as well as corruption and trading in influence, including European or international, provided for by articles 432-10-432-14, 433-1, 433-2, 434-9, 435-1 to 435-4 and 441-8 of the penal code as well as forgery offences provided for in articles 441-1-441-4 and 441-9 of the criminal code;
5 ° offences of abuse of social goods provided for by articles L. 241 - 3, L. 242 - 6, l.242 - 30, L. 243 - 1, L. 244 - 1 and L. 247 - 8 of the code of commerce and articles L. 231 - 11 of the monetary and financial for civil societies code using public offering, L. 328 - 3 of the code of insurance for insurance companies, 22 of Act No. 83-557 of July 1, 1983 on reform crates savings and provident for savings , 26 of Act No. 47 - 1775 of 10 September 1947 on the status of cooperation for cooperatives, L. 313 - 32 of the code of construction and housing for collectors of the participation of employers in the effort of building and L. 241 - 6 of the code of construction and housing for construction companies, as well as the offences of bankruptcy by diversion of assets provided for in articles L. 626 - 1 to L. 626 - 5 of the commercial code , the concealment of diverted assets provided for in articles L. 626 - 10 and L. 626 - 12 of the code of commerce and breach of trust simple or aggravated offences provided by articles 314-1 to 314-12 of the criminal code;
6 ° offences of abandonment of the family provided for by articles 227-3 and 227-4 of the penal code;
7 ° subject to the provisions of 3 ° of article 3 offences provided by articles L. 335 - 2 to L. 335 - 5, L. 521 - 4, L. 521 - 6, L. 615 - 12-L. 615 - 16, L. 623 - 32, L. 623 - 34, L. 623 - 35, L. 716 - 9-L. 716 - 11 and L. 716 - 12 of the code of intellectual property.
8 ° offences provided by articles L. L. 88 86 L. 91 to 109, 111, L., L. 113 and the first and second paragraphs of article L. 116 of the electoral code;
9 ° when they are committed in the course of the operation of a vehicle, offences violations of involuntary to the life or integrity of the person and risk to others planned by articles 221-6, 222-19, 222-20, 223-1, R. 625 - 2 and R. 625 - 3 of the penal code;
10 ° offences and contraventions of the fifth, fourth and third classes provided by the code of the road, including hit and run; the second class of the highway code contraventions relating to the conduct or the equipment of vehicles; contraventions of the second class prohibiting stopping or parking annoying laid down by the third to sixth subparagraphs (1 ° to 4 °), eighth and ninth subparagraphs (6 ° and 7 °) and twelfth paragraph (2 °) of article R. 37 - 1, the third subparagraph of article R. 43 - 6 and the fourth and sixth paragraphs of article R. 233 - 1 of the code of the road in their drafting of applicable prior to the entry into force of Decree No. 2001-250 of 22 March 2001 concerning the regulatory part of Code of the road and by 1 ° to 4 °, 6 ° to 9 ° of the II and III of article R. 417 2 ° - 10 of the code of the road, as well as the offenses provided for by Act No. 75 - 1335 of 31 December 1975 relating to the finding and punishment of offences in the public and private transport;
11 ° crimes of sexual harassment and harassment provided for by articles 222-33 and 222-33-2 of the penal code;
12 ° offences of trafficking provided for by articles 222-34 to 222-40 of the penal code;
13 ° offences legislation and regulations concerning customs, tax and financial relations with foreign countries;
14 ° offences provided by articles 19, 21 and 27 of Ordinance No. 45 - 2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France;
15 ° the bargain at work-related crimes concealed, to the introduction or the employment of foreign labour and the obstacle to the fulfilment of the duties of an inspector or controller of work provided for in articles L. 125 - 1, L. 125 - 3, L. 152 - 3, L. 324 - 9, L. 362 - 3, L. 364 - 1 to L. 364 - 6, l.631 - 1 and l.631 - 2 of the labour code;
16 ° offences of interference with the exercise of the right to organise, the legislation and the regulations governing the representative institutions of the personnel in enterprises, the legislation and regulations on health and safety and working conditions Committee, provided for in articles L. 481 - 2, L. 482 - 1, L. 483 - 1 and 263-2-2 of the labour code, that have been or will be punished by a term of more than one year imprisonment;
17 ° infringements of regulations (EEC) No 3820/85 of the Council of 20 December 1985 on the harmonisation of certain social legislation in the field of transport by road and No 3821/85 of the Council of 20 December 1985 concerning recording equipment in the field of transport by road, Decree No. 86 - 1130 October 17, 1986 and order No. 58-1310 of 23 December 1958 concerning the conditions of work in public and private road transport to ensure the safety of road traffic, as well as the offences provided for in article 25 of the law of finances for the financial year 1952 (April 14, 1952 No. 52-401), Act n ° 82 - 1153 of 30 December 1982 guidance of inland transport, law No. 92-1445 December 31, 1992 on relations of outsourcing in the field of the road transport of goods Act No. 95-96 of 1 February 1995 concerning unfair and the submission of contracts and governing economic and commercial activities, and the contrary laid down by Decree No. 93-824 18 May 1993 concerning subcontracting relations in the field of the road transport of goods;
18 ° crimes of apology for crimes of war, crimes against humanity and crimes and crimes of collaboration with the enemy laid down by the fifth paragraph of article 24 of the Act of 29 July 1881 on freedom of the press and offences provided for by the sixth preambular paragraph and paragraph 8 of the same article, in article 24 bis by the second paragraph of article 32 and the third paragraph of article 33 of the said Act;
19 ° offences of violation of burial under articles 225-17 and 225-18 of the criminal code, as well as the offences constituted by the degradation of monuments raised in memory of the fighters, shot, deported and victims of war;
20 ° offences of impersonation Article 434-23 of the penal code and offences of theft of securities provided for in article 433-17 of the penal code;
21 ° subject to the provisions of 2 ° of article 3 offences for illegal practice of certain professions for health or spoofing of title relating to these professions laid down in articles L. 376, 378, L., L. 483 - 1, L. 501, L. 504 - 11, L. 504 - 15, 514 - 2 and L. 517 of the code of public health in their drafting of applicable prior to the entry into force of the Legislative part of the code of Public Health Ordinance No. 2000-548 of 15 June 2000 , and articles l. 4161-5, l. 4162-1, l. 4162-2, l. 4223-2, l. 4314-4, l. 4323-4, l. 4334-1, l. 4353-1 and l. 4223-1 of the code of public health;
22 ° offences provided for by the law of 31 December 1913 on historic monuments or defined by articles L. 313 - heritage 1 L. 313 - 3 of the town planning code and punishable under articles L. 313 - 11 and L. 480 - 4 of this code;
23 ° offences provided for by the code of the environment as well as by the applicable statutory provisions before the entry into force of the Ordinance No. 2000-914, 18 September 2000 on the Legislative part of the code of the environment and which have been included in this code from this date, and fifth class fines laid down in the texts adopted in application of book V of the code of the environment;
24 ° offenses provided for by articles 17 and 31 of order No. 86 - 1243 of 1 December 1986 concerning freedom of prices and competition in their drafting of applicable prior to the entry into force of Ordinance No. 2000-912 of 18 September 2000 on the Legislative part of the code of commerce and by articles L. 420 - 6, L. 441 - 3 and L. 441 - 4 of the commercial code;
25 ° offenses provided for by articles 10-1 and 10-3 of Ordinance No. 67-833 of 28 September 1967 establishing a securities and exchange commission and relative to information of holders of securities and the advertising of certain operations of scholarship in their drafting of applicable prior to the entry into force of the Ordinance No. 2000-1223 of 14 December 2000 on the Legislative part of the monetary and financial code and by articles L. 465-1 and L. 465-2 of this code;
26 ° offences of obstructing the voluntary interruption of pregnancy and illegal termination of pregnancy provided by articles L. 162 - 15 and L. 647 of the code of public health in their drafting of applicable prior to the entry into force of the Ordinance No. 2000-548 of 15 June 2000 supra and by articles l. 2222-2, l. 2222-4 and l. 2223-2 of the code of public health and the 223-10-223-12 articles of the penal code;
27 ° offences of violence, contempt, rebellion, defamation and insults committed against a person depositary of public authority or responsible for a public service mission, provided for by the 4th of articles 222-8, 222-10, 222-12, 222-13, by articles 433-3, 433-5-433-8 and 434-24 of the criminal code, in article 30, by the first paragraph of articles 31 and 33 of the Act of 29 July 1881 on freedom of the press and by articles 25 and 26 of the Act of July 15, 1845, on the police of the railway;
28 ° crime to discredit on a judicial decision under article 434-25 of the criminal code;
29 ° sexual or committed offences against minors mentioned in article 706-47 of the code of criminal procedure;
30 ° offences of fraudulent abuse of the State of ignorance or weakness provided for by article 223-15-2 of the penal code and article 313-4 of the same code as applicable prior to June 13, 2001;
31 ° offenses constituted by an infringement of the rights of persons arising from the constitution of files or the use of data processing, provided for by articles 226-16-226-23 of the penal code;
32 ° when it is committed by an employer or his representative because of breaches of the obligations imposed on him pursuant to the provisions of the legislation and the regulation of labour health and safety of workers, offences violations of involuntary to the life or integrity of the person and risk caused to others provided for in articles 221-6 , 222-19, 222-20, 223-1, R. 625 - 2 and R. 625 - 3 of the penal code, as well as the offence provided for in article L. 263 - 2 of the labour code;
33 ° offences of prostitution of a minor remedies under articles 225-12-1 and 225-12-2 of the penal code;
34 ° offences of destruction, degradation or aggravated damages provided for by articles 322-2, 322-3 and 322-6 of the penal code and offences provided for in article 21 of the law of July 15, 1845, on the police of the railways and by article 73 of Decree No. 42-730 of 22 March 1942 on the regulation of public administration on the police, security and operation of the railways of general interest and of local interest;
35 ° offences of usual defect of title of transport provided for in article 24-1 of the law of July 15, 1845, on the police of the railway;
36 ° offences of conspiracy provided for in article 450-1 of the penal code;
37 ° offences of money laundering under articles 324-1 to 324-6 of the penal code;
38 ° offences of procuring under articles 225-5 at 225-11 of the criminal code;
39 ° aggravated offences of subtraction of children provided for in article 227-9 of the criminal code;
40 ° offences for counterfeit under articles 442-1-442-8 of the penal code;
41 ° offences provided for by the Decree of 18 April 1939 defining the materials of war, weapons and ammunition regime;
42 ° contraventions of police who is the subject of the procedure for opposition to the transfer of the certificate of registration laid down in article L. 27 - 4 of the code of the road, in the version applicable before the entry into force of Ordinance No. 2000-930 of 22 September 2000 on the Legislative part of the highway code and article L. 322 - 1 of this code;
43 ° offences affecting the security sporting events mentioned in articles 42-4-42-11 of Act No. 84-610 of 16 July 1984 on the Organization and promotion of physical and sporting activities;
44 ° offences of doping products provided for in article 27 of law No. 99-223 of 23 March 1999 relating to the protection of the health of athletes and the fight against doping and by articles l. 3633-2 to l. 3633-4 of the code of public health;
45 ° offences and contraventions of the fifth class committed in a State of legal re-offending;
46 ° facts giving rise or that will give rise to disciplinary or professional by the Banking Commission, the Securities and Exchange Commission, the Council of financial markets, the Council of discipline of financial management, insurance supervisory Commission and the Commission on control of mutual and provident societies;
47 ° offences of detention, absence of declaration or trade some dogs and dog training outside the framework defined by law provided for by articles 211-2, 211-4, 211-6 of the rural code in their drafting of applicable prior to the entry into force of the Ordinance No. 2000-550 of June 15, 2000, by articles L. 915 - 1 to L. 915 - 3 of the rural code in their drafting of applicable prior to the entry into force of the Ordinance No. 2000-914, 18 September 2000 supra and by articles L. 215-1 to L. 215 - 3 of the rural code as well as article 8 of Decree No. 99 - 1164 of 29 December 1999 taken for the application of chapter III of title II of book II of the code rural.
48 ° serious abuse or acts of cruelty to an animal under section 521-1 of the penal code;
49 ° offences of flight when they are preceded, accompanied or followed by violence on others under 4 ° of article 311-4 and sections 311-5 and 311-6 of the penal code.
Chapter V: Effects of the Article 15 Amnesty Amnesty erases the sentences or off public action taking the consequences provided for in articles 133-9 to 133-11 of the criminal code and 6 and 769 of the code of criminal procedure, subject to the provisions of this chapter. It shall entail, without that it can give rise to refund, remission of sentences and of police and security measures other than those provided for in article 16.
It is an obstacle to the recovery of the fixed duty of procedure referred to in article 1018 (A) of the general tax code.
Any reference to punishment or conviction amnestied on the basis of this Act is punishable by a fine of EUR 5 000. Legal persons may be declared criminally liable, in accordance with article 121-2 of the criminal code of the offence defined in this paragraph. The penalty incurred by legal persons is the fine, under the conditions provided for in article 131-38 of the criminal code.
Article 16 the amnesty does not refund or recovery of administrative permissions cancelled or withdrawn by the conviction. It does not obstacle to the repair of the damage caused to the public domain.
It does not surrender: 1 ° personal bankruptcy or other sanctions provided for in Title VI of Act No. 85-98 of 25 January 1985 on rehabilitation and liquidation of enterprises in its drafting of applicable prior to the entry into force of the order no 2000-912 of 18 September 2000 on the Legislative part of the commercial code and in articles L. 625 - 2 and following of the code;
2 ° of the french territory ban against a recognized alien convicted of a crime or misdemeanour;
3 ° of banishment imposed for a crime or misdemeanour;
4 ° the prohibition of civic, civil rights and family voted for crime or offence;
5 ° prohibition on a professional or social activity imposed for a crime or misdemeanour;
6 ° the measures of demolition, compliance and rehabilitation of sites;
7 ° of the dissolution of the legal person referred to in article 131-39 of the criminal code;
8 ° of the exclusion of the procurement referred to in article 131-34 of the penal code;
9 ° of the prohibition to hold or carry, for a period of five years, subject to authorization;
10 ° of the confiscation of one or several weapons including the convicted person is the owner or the free disposal.
The Amnesty also had no effect on the measures imposed pursuant to articles 8, 15, 16 and 16 bis, 19 and 28 of Ordinance No. 45-174 of 2 February 1945 relating to delinquent children.
The national criminal record services are allowed to keep the record of the decisions by which one of the measures referred to in this section has been pronounced.
Article 17 the amnesty does not obstacle the execution of judgments or judgments made libel or slander ordering the publication such judgments or judgments.
It does not obstacle to rehabilitation or the action for review before any competent court tending to establish the innocence of the convicted person.
It has no effect on any measure or decision taken pursuant to articles 378 and 379-1 of the civil code.
Notwithstanding any provision to the contrary, it does not prevent the maintenance in a file of judicial police of amnestied crimes entries.
Article 18 the Amnesty has no effect on the civil dissolution of certain legal entities procedure laid down in article 1 of Act No. 2001 - 504 of 12 June 2001 to strengthen the prevention and repression of sectarian movements affecting human rights and fundamental freedoms.
Notwithstanding the provisions of article 15, for the implementation of this procedure, it can be referred to a condemnation amnestied on the basis of this Act.
Article 19 the amnesty of contraventions of defect of title of resulting transport of 1 ° of article 2 has no effect on the application of article 24-1 of the law of 15 July 1845 railway punishing the crime of usual defect of title of transport policy.
Article 20 amnesty does law reinstatement in the public or departmental offices or functions, positions, ranks or professions, public or private.
In no case does not give rise to careers.
It involves reintegration in various rights to pension from the date of publication of this Act in relation to the amnesty law and effective agenda where the person concerned is admitted to its benefit with regard to the amnesty by individual measurement.
The liquidation of pension rights is done according to the rules provided for by the pension scheme of stakeholders into force on May 17, 2002.
The amnesty does not reintegration in the order of the Legion of honour, in order of release, in the national order of merit or the right at the port of the military medal. However, reintegration may be pronounced, for each case individually, at the request of the keeper of the seals, Minister of justice, and, where appropriate, of the interested Minister, by Decree of the President of the Republic after the opinion of the competent grand Chancellor.
Article 21 in accordance with the provisions of article 133-10 of the criminal code, the amnesty does not prejudice the rights of third parties.
If instance on civil interests, the criminal case is paid to debates and put at the disposal of the parties.
If the trial court has been seized of public action before the publication of the Act, this Court remains competent to adjudicate civil interests.
Article 22 will cease to be mentioned in the criminal sentences passed by courts other than the French courts for offences such as those mentioned in chapter Ier committed prior to May 17, 2002.
Disputes relating to the application of this article shall be brought before the Chamber of the Court of appeal of Paris.
Chapter VI: Provisions relating to the overseas Article 23. - the provisions of article 14, with the exception of 46 °, are automatically applicable to Mayotte subject to the following modifications: has) to 2 °, the words: "labour code" are replaced by the words: "the labour code applicable in the collectivité departementale de Mayotte";
b) 14 ° and 15 ° are thus written: "14 ° offences under sections 34 to 37 of the Decree of 21 June 1932 regulating the conditions for admission and residence of aliens in Mayotte and by articles 26, 28 and 36 of the Ordinance No. 2000-373 of 26 April 2000 on the conditions of entry and residence of aliens in Mayotte;
«15 ° haggling, to work-related crimes concealed, to the employment of foreign labour and the obstacle to the fulfilment of the duties of an inspector or controller of labour provided for in article L. 124 - 1, L. 124 - 3, L. 152 - 1, L. 312 - 1, L. 341 - 1, L. 342 - 1, L. 630 - 1 and L. 630 - 2 of the labour code applicable in the collectivité departementale de Mayotte;
(c) to the 32 °, the words: "L. 263 - 2 of the labour code" are replaced by the words: "L. 251 - 1 of the labour code applicable in the collectivité departementale de Mayotte".
II. - The provisions of 46 ° of article 14 and articles 11 to 13 shall apply to Mayotte.
Article 24. - This Act is applicable in New Caledonia, French Polynesia, Islands Wallis and Futuna and in southern and Antarctic territories subject to chapter III, powers vested by their respective statutes to New Caledonia and the territories of French Polynesia and Wallis and Futuna in disciplinary or professional sanctions Islands.
II. - for the purposes in New Caledonia 2 ° of article 14, the words: "L. 123 - 1, L. 412 - 2 and L. 413 - 2 of the labour code" shall be replaced by the words: '2 and 60 Ordinance No. 85-1181 13 November 1985 on the guiding principles of the right to work and to the Organization and the functioning of the inspection work and the tribunal's work in New Caledonia and dependencies '.
For their application in New Caledonia, 14 °, 15 ° and 16 ° of article 13 read as follows: «14 ° offences under sections 28 to 31 of the Decree of July 13, 1937, regulating the admission of foreigners in New Caledonia;
«15 ° offences relating to bargaining, concealed labour, employment of foreign labour and the obstacle to the fulfilment of the duties of an inspector or controller of work provided for in articles 18, 56, 119, 122, 130 and 138 of order No. 85 - 1181 13 November 1985 supra;
«16 ° crimes of infringement of the constitution or the functioning of the committees of hygiene, security and conditions of work and damage to the exercise of trade union rights or the rights of representative institutions of staff provided for in articles 128, 134 and 135 of order No. 85-1181 dated November 13, 1985 cited above that have been or will be punished by a term of more than one year imprisonment;
For the application in New Caledonia of 32 ° of article 14, the words: "L. 263 - 2 of the labour code" are replaced by the words: "124 of Ordinance No. 85-1181 13 November 1985 supra.
III. - for French Polynesia implementation of 2 ° of article 14, the words: "L. 123 - 1, L. 412 - 2 and L. 413 - 2 of the labour code" shall be replaced by the words: '2 and 53 of Act No. 86-845 dated July 17, 1986, relating to the General principles of the right to work and the Organization and the functioning of the inspection of labour and the labour in Polynesia courts French '.
For their application in French Polynesia, 14 °, 15 ° and 16 ° of article 13 read as follows: «14 ° offences provided for in articles 21 and 22 of the Decree of April 27, 1939, relating to the admission and residence of foreigners in French Polynesia and articles 28, 30 and 38 of Ordinance No. 2000-372 of 26 April 2000 on the conditions of entry and residence of aliens in French Polynesia French;
«15 ° offences relating to bargaining, concealed labour, employment of foreign labour and the obstacle to the fulfilment of the duties of an inspector or controller of work provided for in articles 12, 50, 106, 114, 114-1 and 122 of Act No. 86-845 dated July 17, 1986 supra;
«16 ° offences of violation of the constitution and the functioning of the committees of hygiene, security and conditions of work and damage to the exercise of trade union rights or of the rights of the representative institutions of staff provided for by articles 112, 116, 118 and 119 of the Act No. 86-845 17 July 1986 supra which have been or will be punished by a penalty of more than one year imprisonment;
For French Polynesia implementation of 32 ° of article 14, the words: "L. 263 - 2 of the labour code" shall be replaced by the words: "108 of Act No. 86-845 dated July 17, 1986.
IV. - For its application in the Islands Wallis and Funtuna, 14 ° of article 14 reads as follows: '14 ° offences under sections 28 to 31 of the Decree of July 13, 1937, regulating the admission of foreigners in New Caledonia and by articles 26, 28 and 36 of the Ordinance No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Islands Wallis and Futuna;'.
V. - The amnesty provided for in this Act is applicable to the prosecution and instance costs advanced by the State in New Caledonia, French Polynesia, Islands Wallis and Futuna and in southern and Antarctic Territories.
Section 25 was article 19 of Act No. 2000 - 1207 of 13 December 2000 guidance for the overseas, the words: "for a period not exceeding 18 months after the enactment of the Act" are replaced by the words: "until June 1, 2006.
This section takes effect June 13, 2002.
This Act will be enforced as law of the State.
Done at Paris, August 6, 2002.
Jacques Chirac by the President of the Republic: Prime Minister, Jean-Pierre Raffarin the Minister of the Interior, internal security and local freedoms, Nicolas Sarkozy the Minister of Social Affairs, labour and solidarity, François Fillon the keeper of the seals, Minister of justice, Dominique Perben Defence Minister, Michèle Alliot-Marie the Minister of the economy Finance and industry Francis Mer Minister of public service, the reform of the State and the planning Jean-Paul Delevoye Minister of the overseas, Brigitte Girardin (1) preparatory work: Act No. 2002 - 1062.
National Assembly: Bill No. 19;
Report of Mr Michel Hunault on behalf of the commission of laws, no. 23;
Discussion on 9 and 10 July 2002 and adoption after declaration of emergency, July 10, 2002.
Senate: Bill, adopted by the National Assembly in first reading, no. 355 (2001-2002);
Report of Mr. Lucien Lanier, on behalf of the commission of laws, no. 358 (2001-2002);
Discussion on 23 and 24 July 2002 and adoption on 24 July 2002.
National Assembly: Bill, amended by the Senate, no 153;
Report by Mr Michel Hunault on behalf of the joint mixed commission, no. 160;
Discussion and adoption on 3 August 2002.
Senate: Report of Mr. Lucien Lanier, on behalf of the joint mixed commission, no. 382 (2001-2002);
Discussion and adoption on 3 August 2002.