Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
The offences referred to in this chapter when they were committed before 17 May 2002, with the exception of those which are excluded from the benefit of amnesty pursuant to the provisions of Article 14, shall be amnesty under law, either because of their nature or the circumstances of their commission, or the quantum or nature of the sentence imposed.
The amnesty provided for in this chapter benefits individuals and legal persons.
Are amnesty because of their nature:
1° Police contraventions and large-scale traffic tickets;
2° The offences for which only a fine is incurred, except for any other penalty or measure;
3° The offences provided for in the Act of 29 July 1881 on freedom of the press;
4° The offences provided for in articles 397, 398 to 406, 414, 415, 418, 429 (first paragraph), 438, 441, 447, 451, 453, 456 (third paragraph), 457, 460, 461, 465, 468 and 469 (first paragraph) of the Military Justice Code and articles L. 118, L. 124, L. 134, L. 129, L. 131, L. However, the offences of desertion provided for in sections 398 to 406 of the Code of Military Justice, committed by a career member or served under a contract, shall be amnested only when the point of departure of the time limits set out in article 398 of that Code is before 17 May 2002 and the author has or will have voluntarily presented himself before the competent military authority before 31 December 2002.
In cases where they are liable to imprisonment for less than 10 years, the offences committed in the following circumstances:
1° Disclaims committed in the context of labour conflicts or in the context of trade union activities and claims of employees, public officials and members of liberal professions, including in public or public events;
2° Penalties for the illegal exercise of medicine committed on the occasion of the practice of osteopathy or chiropraxia activity by professionals who meet the conditions of practice set out in Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system;
3° Disclaims committed to the granting of conflict related to teaching problems or offences relating to the reproduction of works or to the use of software for educational and non-profit purposes;
4° Distensions in relation to industrial, agricultural, rural, artisanal or commercial conflicts, including public or public events;
5° Delits in relation to elections of any kind, with the exception of those in relation to direct or indirect financing of election campaigns or political parties;
6° Delits in relation to the defence of the rights and interests of French repatriated overseas.
In the event of a final conviction, the amnesty resulting from this article shall be found by the Public Prosecutor ' s Office at the court having pronounced the sentence, acting either on its own motion or at the request of the convicted person or his rightful persons. The Public Prosecutor's decision may be contested under the conditions set out in the second and third paragraphs of Article 778 of the Code of Criminal Procedure.
In the event of a conviction for multiple offences, the convicted person shall be amnesty if the offence under this section is legally punishable by the strongest sentence or a penalty equal to that provided for in the other offences prosecuted, unless one of these offences is excluded from the benefit of this Act under the provisions of Article 14.
The offences that have been or will be punished with fines or fine days, excluding any of the penalties provided for in Article 6.
However, if the fine is more than EUR 750, the amnesty will only be acquired after the payment of the fine or after the incarceration provided for in section 131-25 of the Criminal Code; amnesty will also be acquired after the execution of the constraint by body, however, it does not obstruct the subsequent recovery of the fine.
The offences that have been or will be punished by the following penalties:
1° Imprisonment rates less than or equal to three months without a stay; suspended sentences resulting from the revocation of a prison sentence with the application of the suspended sentence and the obligation to perform work of general interest are not amnesty;
2° Imprisonment penalty less than or equal to three months with application of the condition with probation;
3° Imprisonment rates of less than or equal to six months with application of a single stay;
4° Penalties of imprisonment for a term of more than three months and not exceeding six months with application of the probation period, when the sentence has been declared null pursuant to section 132-52 of the Criminal Code, or the convicted person has completed the probation period provided for in section 132-42 of the Criminal Code without having been subjected, pursuant to sections 132-47 to 132-51 of the Criminal Code, to a decision ordering
5° Penalties of imprisonment for a term not exceeding six months with application of the stay and the obligation to perform a work of general interest, when the convicted person has completed the entire work of general interest without having been subject to a decision, pursuant to section 132-56 of the Criminal Code, ordering the revocation of the stay; where the procedure provided for in Article 132-57 of the Criminal Code has been applied, the quantum of the penalty to be taken into account in the application of this Article shall be the case resulting from the implementation of the said procedure;
6° Imprisonment penalties, a portion of which is accompanied by a simple stay or probation, where the firm portion of the prison is less than or equal to three months and the total duration of the sentence pronounced is less than or equal to six months, provided that the sentences with probation are met, the conditions set out in the 4°;
7° General interest pay pursuant to sections 131-8 of the Criminal Code and 20-5 of Ordinance No. 45-174 of 2 February 1945 on child offenders, amnesty being acquired only after the completion by the convict of the entire work of general interest;
8° Alternative penalties imposed under the provisions of 1° to 5° and 8° to 10° of Article 131-6 of the Penal Code;
9° Complementary penalties imposed as major penalties under the provisions of section 131-11 of the Penal Code, with the exception of the penalties referred to in Article 16.
Where the above penalties have been pronounced at the same time as a fine or fine-day sentence, amnesty is acquired only provided that the condition provided for in the second paragraph of Article 5 is met.
Offences that have given or will give rise to:
1° A penalty waiver under articles 132-58 and 132-59 of the Criminal Code;
2° A measure of admonition, either at the handover of the minor to his or her parents, guardian or the person who had custody or trusted person, or at the dispensation of any measure, pursuant to Order No. 45-174 of 2 February 1945 referred to above.
The amnesty provided for in sections 5 to 7 is acquired only after conviction becomes final.
However, in cases where the amnesty is subordinate to the execution of the sentence, in the absence of a civil party and with the exception of opposition, appeal or appeal in cassation within the legal time limits on the day of the decision, the amnesty is acquired, without any service, after conviction by default, by iterative default or under the conditions provided for in sections 410 and 411 of the Code of Criminal Procedure.
A convict who is granted amnesty provided for in the preceding paragraph retains the opportunity to file an opposition, appeal or appeal in cassation, as the case may be, if he or she is subsequently subject to a summons on civil interests. The time limit for opposition, appeal or appeal in cassation is then calculated from the day the convict was aware of this summons.
When an appeal, opposition or appeal has been filed before the coming into force of this Act against an amnesty conviction pursuant to sections 5 to 7, the accused may, by a statement to the court office that has rendered the decision or the prison facility in which he is detained, deny himself the way of appeal. This discontinuation makes all appeals for incidents other than those filed by the civil parties and other defendants null and void and makes the conviction for public action final, in respect of the person who has disbanded himself.
The disputes relating to the amnesty of law provided for in this chapter are subject to the rules of jurisdiction and procedure set out in the second and third paragraphs of Article 778 of the Code of Criminal Procedure.
If the decision has been rendered by a military court sitting in France, the request will be submitted to the board of inquiry of the court of appeal in the jurisdiction of which the seat of that jurisdiction was established.
If the decision has been rendered by a court to the armies sitting abroad, the request will be submitted to the board of inquiry of the Court of Appeal of Paris.
In the case of large-scale traffic offences, the competent court is the one who pronounced the conviction.
In the absence of a final conviction, disputes are submitted to the competent court to rule on the prosecution.
The President of the Republic may, by decree, grant to the benefit of amnesty the natural persons prosecuted or convicted for any offence committed before 17 May 2002, with the exception of the offences which are excluded from the benefit of amnesty pursuant to Article 14 provided that such persons have not, before this offence, been sentenced to a custodial sentence for a common crime or offence and
1° Persons under twenty-one years of age at the time of the offence;
2° Persons who have been the subject of an individual quote, or have a military disability pension or have been the victims of war injuries during the wars 1914-1918, 1939-1945 or Algeria, or fighting in Tunisia or Morocco, on the theatres of foreign operations, during operations of law enforcement outside of the metropolis or through acts of terrorism;
3° Resistant or political deportees and resistant or political internees;
4° Resistant whose one of the ascendants died for France;
5° Voluntary pledges 1914-1918 or 1939-1945;
6° People who have distinguished themselves in an exceptional way in the humanitarian, cultural, sporting, scientific or economic fields.
The application for amnesty may be submitted by any person within one year of the promulgation of this Act or the final conviction. With respect to the persons mentioned in the 1st, the period is extended until the date on which the convicted person reaches the age of twenty-two years.
The provisions of this section may be invoked in support of an application for amnesty concerning an offence committed even before May 18, 1995 without a foreclosure of Act No. 95-884 of 3 August 1995 on amnesty or an earlier amnesty law being opposed.
The acts committed before 17 May 2002 are amnesty as misconduct punishable by disciplinary or professional sanctions.
Also included in the provisions of the preceding paragraph are the disciplinary penalties imposed on students by French educational institutions abroad referred to in Article L. 451-1 of the Education Code or entering the jurisdiction of the Agency for French Education abroad referred to in Articles L. 452-2 to L. 452-5 of that Code.
However, if these facts have resulted in a criminal conviction, the amnesty of disciplinary or professional sanctions is subordinate to the amnesty or legal or judicial rehabilitation of the criminal conviction.
Except as an individual measure granted by decree of the President of the Republic, except for the benefit of the amnesty provided for in this article the facts constituting breaches of honour, probity or good morals. The application for amnesty may be submitted by any interested person within one year of the promulgation of this Act or the final conviction.
Under the conditions laid down in Article 11, the facts retained or liable to be retained as grounds for sanctions imposed by an employer are amnesty.
The inspection of the work ensures that the amnesty facts cannot be reported. To this end, it ensures the withdrawal of references to these sanctions in the files of any kind concerning workers who benefit from amnesty.
The rules of jurisdiction applicable to sanctions litigation are applicable to amnesty litigation.
Disputes concerning the benefit of the amnesty of final disciplinary or professional sanctions are brought before the authority or jurisdiction that rendered the decision.
The person concerned may refer to this authority or jurisdiction to state that the benefit of amnesty is actually acquired.
In the absence of a final decision, these disputes are submitted to the authority or the jurisdiction before the prosecution.
The enforcement of the sanction is suspended until it is decided on the application; the appeal against the decision to reject the application is also suspensive.
However, the authority or jurisdiction before the application or appeal may, by a specially reasoned decision, order the provisional execution of the sanction; such a decision, when it falls within the jurisdiction of a court, may, in the event of an emergency, be rendered by the President of that jurisdiction or a member delegated to that effect.
The following offences are excluded from the amnesty provided for in this Act, whether they have been charged to natural persons or legal persons:
1° Terrorism offences falling within the scope of Article 706-16 of the Code of Criminal Procedure, including in its applicable drafting before Act No. 96-647 of 22 July 1996 to strengthen the suppression of terrorism, and even when the facts are preceded by the entry into force of Act No. 86-1020 of 9 September 1986 on the fight against terrorism;
2° Discrimination under articles 225-1 to 225-3 and 432-7 of the Criminal Code and L. 123-1, L. 412-2 and L. 413-2 of the Labour Code;
3° Voluntary violations of the physical or psychological integrity of a 15-year-old minor or of a particularly vulnerable person provided for by 1° and 2° of articles 222-8, 222-10, 222-12, 222-13 and 222-14 and 222-15 of the Criminal Code;
4° Crimes of concussion, unlawful taking of interest and favouritism, as well as corruption and trafficking in influence, including in European or international matters, provided for in articles 432-10 to 432-14, 433-1, 433-2, 434-9, 435-1 to 435-4 and 441-8 of the Criminal Code as well as offences of falsehood provided for in articles 441-1 to 441-4 and 441-9 of the Criminal Code;
5° Delits of abuse of social property 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 trade code as well as articles L. 231-11 of the monetary and financial code for civil companies making public use of savings, L. 328-3 of the insurance code for insurance companies,
6° Family abandonment offences provided for in articles 227-3 and 227-4 of the Criminal Code;
7° Subject to the provisions of Article 3, Offences provided for in Articles L. 335-2 to L. 335-5, L. 521-4, L. 521-6, L. 615-12 to L. 615-16, L. 623-32, L. 623-34, L. 623-35, L. 716-9 to L. 716-11 and L. 716-12 of the Code of Intellectual Property;
8° Offences provided by articles L. 86 to L. 88, L. 91 to L. 109, L. 111, L. 113 and the first and second paragraphs of Article L. 116 of the Electoral Code;
9° When committed on the occasion of the conduct of a vehicle, offences of involuntary harm to the life or integrity of the person and of risks to others provided for in sections 221-6, 222-19, 222-20, 223-1, R. 625-2 and R. 625-3 of the Criminal Code;
10° Delits and contraventions of the fifth, fourth and third classes provided by the road code, including the offence of leakage; contraventions of the second class of the road code relating to the conduct or equipment of vehicles; of the second class, which repressed the arrest or the embarrassing parking provided for in the third to sixth paragraphs (1° to 4°), eighth and ninth paragraphs (6° and 7°) and twelfth paragraph (2°) of Article R. 37-1, the third paragraph of Article R. 43-6 and the fourth and sixth paragraphs of Article R. 233-1 of the code of the road in their relevant drafting before the decree in force
11° Penal Code offences of sexual harassment and moral harassment;
12° Offences in the area of drug trafficking provided for in articles 222-34 to 222-40 of the Criminal Code;
13° Offences to legislation and regulations in customs, tax and financial relations with foreign countries;
14° Offences provided for in articles 19, 21 and 27 of Order No. 45-2658 of 2 November 1945 relating to the conditions of entry and residence of foreigners in France;
15° Disclaims relating to the merchanting, concealed work, introduction or use of foreign labour and the obstacle to the fulfilment of the duties of an inspector or labour controller 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. 63-231 and L. 63-21-1
16° Offences against the exercise of the right to organize, the law and the regulation of representative institutions of personnel in enterprises, the legislation and the regulation of hygiene and safety committee and working conditions, as provided for in sections L. 481-2, L. 482-1, L. 483-1 and 263-2 of the Labour Code, which have been or will be punished by imprisonment
17° Offences to the regulations (EEC) n° 3820/85 of the Council of 20 December 1985 concerning the harmonization of certain provisions in the field of road transport and n° 3821/85 of the Council of 20 December 1985 concerning the control apparatus in the field of road transport, to decree n° 86-1130 of 17 October 1986 and to order n° 58-1310 of 23 December 1958
18° Delits of apology of war crimes, crimes against humanity and crimes and offences of collaboration with the enemy provided for in the fifth paragraph of Article 24 of the Law of 29 July 1881 on freedom of the press and the offences provided for in the sixth paragraph and in the eighth paragraph of the same article, by Article 24 bis, by the second paragraph of Article 32 and by the third paragraph of Article 33;
19° Sentencing violations pursuant to articles 225-17 and 225-18 of the Criminal Code, as well as the offences constituted by the degradation of monuments high in the memory of combatants, shot, deported and war victims;
20° Delits for the use of identity pursuant to Article 434-23 of the Criminal Code and offences for the use of titles provided for in Article 433-17 of the Criminal Code;
21° Subject to the provisions of 2° of Article 3, Offences of the unlawful exercise of certain health professions or title usurpation relating to these professions provided for in Articles L. 376, L. 378, L. 483-1, L. 501, L. 504-11, L. 504-15, L. 514-2 and L. 517 of the Public Health Code applicable to them before the entry into force of Order
22° Disclaims in respect of heritage provided by the Act of 31 December 1913 on historical monuments or defined by articles L. 313-1 to L. 313-3 of the urban planning code and repressed by articles L. 313-11 and L. 480-4 of this code;
23° Disclaims provided by the Environmental Code and by the applicable legislative provisions prior to the entry into force of Order No. 2000-914 of 18 September 2000 relating to the Legislative Part of the Environmental Code and which have been repeated in this Code from that date, and fifth class contraventions provided by the texts taken under Book V of the Environmental Code;
24° Delits provided for in Articles 17 and 31 of Order No. 86-1243 of 1 December 1986 relating to freedom of price and competition in their applicable drafting prior to the entry into force of Order No. 2000-912 of 18 September 2000 on the Legislative Part of the Commercial Code and Articles L. 420-6, L. 441-3 and L. 441-4 of the Commercial Code;
25° Penalties provided for in sections 10-1 and 10-3 of Order No. 67-833 of 28 September 1967 establishing a commission of stock exchange transactions and relating to the information of holders of securities and the advertising of certain stock exchange transactions in their applicable writing before the entry into force of Order No. 2000-1223 of 14 December 2000 on the Legislative part of the monetary and financial code and by Articles L. 465-1
26° Delits of intrusion to the voluntary interruption of pregnancy and the unlawful interruption of pregnancy provided for in articles L. 162-15 and L. 647 of the Public Health Code in their applicable drafting prior to the entry into force of Order No. 2000-548 of 15 June 2000 referred to above and by articles L. 2222-2, L. 2222-4 and L. 2223-2 of the Public Health Code as well as articles L. 223-12
27° Delits of violence, contempt, rebellion, defamation and insults committed against a person in charge of the public authority or in charge of 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 to 433-8 and 434-24 of the Criminal Code, by the first
28° Delit of discredit on a judicial decision provided for in article 434-25 of the Criminal Code;
29° Offences of a sexual nature or committed against minors referred to in article 706-47 of the Code of Criminal Procedure;
30° Delits of fraudulent abuse of the state of ignorance or weakness provided for in Article 223-15-2 of the Criminal Code and Article 313-4 of the same Code in its applicable drafting before June 13, 2001;
31° Delits constituted by an infringement of the rights of persons resulting from the creation of files or the use of computer processing, provided for in articles 226-16 to 226-23 of the Criminal Code;
32° When committed by an employer or its representative because of breaches of its obligations under the provisions of the legislation and the regulation of work in the area of health and safety of workers, offences of involuntary breaches of the life or integrity of the person and of risks to others provided for in articles 221-6, 222-19, 222-20, 223-1, R. 625-2 and R. 625-2
33° Deletions of the use of prostitution of a minor under articles 225-12-1 and 225-12-2 of the Criminal Code;
34° Offences of destruction, degradation or aggravated deterioration provided for in sections 322-2, 322-3 and 322-6 of the Criminal Code and offences provided for in section 21 of the Act of 15 July 1845 on the railway police and section 73 of Decree No. 42-730 of 22 March 1942 regulating the public administration on the police, the safety and operation of the railways of general interest and
35° The usual defect in the title of carriage provided for in section 24-1 of the Act of 15 July 1845 on the railway police;
36° Offences of association of criminals provided for in Article 450-1 of the Criminal Code;
37° Laundering offences provided for in articles 324-1 to 324-6 of the Criminal Code;
38° Proxiety offences provided for in articles 225-5 to 225-11 of the Criminal Code;
39° Aggravated offences of child abduction provided for in Article 227-9 of the Criminal Code;
40° Offences in respect of false currency provided for in articles 442-1 to 442-8 of the Criminal Code;
41° Offences provided by the decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition;
42° Police Contraventions having been the subject of the opposition procedure to the transfer of the registration certificate provided for in Article L. 27-4 of the road code, in its applicable drafting prior to the entry into force of Order No. 2000-930 of 22 September 2000 relating to the Legislative part of the road code and to Article L. 322-1 of that code;
43° Offences affecting the safety of sporting events referred to in sections 42-4 to 42-11 of Act No. 84-610 of 16 July 1984 on the organization and promotion of physical and sporting activities;
44° Delits on dopting products provided for in article 27 of Act No. 99-223 of 23 March 1999 on the protection of the health of sportsmen and the fight against doping and articles L. 3633-2 to L. 3633-4 of the Public Health Code;
45° Proceedings and contraventions of the fifth class committed in a state of legal recidivism;
46° Facts that have given rise to or will result in disciplinary or professional sanctions imposed by the Banking Commission, the Stock Exchange Commission, the Financial Markets Board, the Financial Management Disciplinary Board, the Insurance Supervisory Board and the Mutual and Provident Institutions Monitoring Board;
47° Offences of detention, absence of declaration or trade of certain dogs and training of dogs outside the framework defined by the law provided for in articles 211-2, 211-4 and 211-6 of the rural code in their drafting applicable before the entry into force of order no. 2000-550 of 15 June 2000, by articles L. 915-1 to L. 915-3 of the rural code in their writing applicable before the entry into force
48° Serious abuse or cruelty to an animal under section 521-1 of the Criminal Code;
49° Flying offences when they are preceded, accompanied or followed by violence on others under Article 311-4 and Articles 311-5 and 311-6 of the Criminal Code.
The amnesty erases the convictions pronounced or extinguished public action by 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 entails, without the possibility of restitution, the surrender of penalties and police and security measures other than those provided for in Article 16.
It impedes the recovery of the fixed procedural right referred to in Article 1018 A of the general tax code.
Any reference to an amnesty sanction or conviction on the basis of this Act is subject to a fine of EUR 5,000. Legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code for the offence defined in this paragraph. The penalty incurred by legal persons is the fine, under the conditions laid down in section 131-38 of the Criminal Code.
The amnesty does not result in the restitution or restoration of administrative authorizations cancelled or withdrawn by the conviction; it does not impede the repair of damage to the public domain.
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1° From personal bankruptcy or other sanctions provided for under Part VI of Act No. 85-98 of 25 January 1985 relating to the judicial recovery and liquidation of enterprises in its applicable drafting prior to the entry into force of Order No. 2000-912 of 18 September 2000 on the Legislative Part of the Commercial Code and to Articles L. 625-2 and following of that Code;
2° The prohibition of French territory against a foreigner convicted of a crime or offence;
3° From the ban on stay for crime or offence;
4° The prohibition of civil, civil and family rights for crime or offence;
5° Prohibition of the exercise of a professional or social activity for a crime or offence;
6° Demolition, compliance and rehabilitation measures;
7° The dissolution of the legal person under section 131-39 of the Criminal Code;
8° Exclusion of public procurement under section 131-34 of the Criminal Code;
9° Prohibition of holding or carrying, for a period of not more than five years, a weapon subject to authorization;
10° Forfeiture of one or more weapons of which the convict is the owner or of which he has the free disposition.
The amnesty also remains without effect on the measures imposed by the application of articles 8, 15, 16, 16 bis, 19 and 28 of Ordinance No. 45-174 of 2 February 1945 on child offenders.
The services of the national criminal record are authorized to retain the registration of decisions by which one of the measures referred to in this section has been pronounced.
The amnesty does not preclude the execution of judgements or judgments in respect of defamation or denunciation slanderous or ordering the publication of such judgments or judgments.
It does not impede rehabilitation or review proceedings before any competent court to establish the innocence of the convicted person.
It remains without effect on the measures or decisions taken under articles 378 and 379-1 of the Civil Code.
Notwithstanding any provision to the contrary, it does not prevent any mention of amnesty offences in a judicial police file.
The amnesty is without effect on the procedure for the civil dissolution of certain legal persons provided for in Article 1 of Law No. 2001-504 of 12 June 2001 to strengthen the prevention and repression of sectarian movements that violate human rights and fundamental freedoms.
Notwithstanding the provisions of Article 15, for the implementation of this procedure, reference may be made to an amnesty conviction on the basis of this Act.
The amnesty of the breaches of the title of carriage resulting from the 1st of section 2 is without effect on the application of section 24-1 of the Act of 15 July 1845 on the railway police repressing the ordinary defect of the title of carriage.
The amnesty does not lead to the right to reinstatement or to public or ministerial offices or to jobs, ranks or professions, public or private.
In no case does it give rise to career reconstruction.
It entails reintegration into the various pension rights from the date of publication of this Act with respect to the amnesty of law and from the day on which the person concerned is entitled to his or her benefit with respect to amnesty by individual measure.
The winding-up of pension rights is regulated by the pension plan applicable to persons in force on 17 May 2002.
The amnesty does not result in reintegration into the order of the Legion of Honour, in the order of the Liberation, in the national order of the Merit or in the right to the wearing of the military medal. However, reinstatement may be made, for each individual case, at the request of the Seal Guard, Minister of Justice, and, where applicable, of the Minister concerned, by decree of the President of the Republic taken after notice of the competent Grand Chancellor.
In accordance with the provisions of Article 133-10 of the Criminal Code, amnesty does not prejudice the rights of third parties.
In the event of a civil interest proceeding, the criminal record is made available to the parties to the proceedings.
If the court of judgment has been brought before the public action before the publication of this Act, this jurisdiction shall remain competent to rule, if any, on civil interests.
Cesseront d'être indiqué au casier judiciaire les convictions prononcées par des juridictions autres que les juridictions françaises pour les infractions de la nature de ceux qui sont figurant au chapitre Ier commis avant le 17 mai 2002.
Disputes concerning the application of this article shall be brought before the board of the instruction of the Court of Appeal of Paris.
I. - The provisions of Article 14, with the exception of 46°, shall apply in full right to Mayotte subject to the following modifications:
(a) At 2°, the words "labour code" are replaced by the words "labour code applicable in the departmental community of Mayotte";
(b) The 14th and 15th are thus written:
« 14° Offences provided by articles 34 to 37 of the decree of 21 June 1932 regulating the conditions of admission and residence of foreigners in Mayotte and by articles 26, 28 and 36 of Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte;
« 15° Disclaims relating to trade, concealed work, use of foreign labour and the obstacle to the fulfilment of the duties of an inspector or labour controller provided for in articles 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 applicable community code of work »
(c) At 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 departmental community of Mayotte".
II. - The provisions of Article 14 46 and Articles 11 to 13 apply to Mayotte.
I. - This Act is applicable in New Caledonia, French Polynesia, the Wallis and Futuna Islands and the French Southern and Antarctic Lands, subject to, for Chapter III, the competences conferred by their respective Statutes in New Caledonia and the territories of French Polynesia and the Wallis and Futuna Islands with regard to disciplinary or professional sanctions.
II. - For the application in New Caledonia of the 2nd of Article 14, the words: "L. 123-1, L. 412-2 and L. 413-2 of the Labour Code" are replaced by the words: "2 and 60 of Order No. 85-1181 of 13 November 1985 relating to the guiding principles of labour law and to the organization and operation of labour inspection and labour court in New Caledonia".
For their application in New Caledonia, the 14°, 15° and 16° of Article 13 are thus written:
« 14° Offences provided by articles 28 to 31 of the decree of 13 July 1937 regulating the admission of foreigners to New Caledonia;
« 15° Disclaims relating to merchanting, concealed work, the use of foreign labour and the obstacle to the fulfilment of the duties of an inspector or labour controller provided for in sections 18, 56, 119, 122, 130 and 138 of Ordinance No. 85-1181 of 13 November 1985 referred to above;
« 16° Penalties for violations of the constitution or operation of health, security and working conditions committees and of violations of the exercise of the right to organize or of the rights of the representative institutions of the personnel provided for in sections 128, 134 and 135 of Order No. 85-1181 of 13 November 1985 referred to above that have been or will be punished by imprisonment for more than one year; "
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 Order No. 85-1181 of 13 November 1985 referred to above."
III. - For the application in French Polynesia of the 2nd of Article 14, the words: "L. 123-1, L. 412-2 and L. 413-2 of the Labour Code" are replaced by the words: "2 and 53 of Act No. 86-845 of 17 July 1986 on the general principles of labour law and the organization and operation of the inspection of labour and labour courts in French Polynesia".
For their application in French Polynesia, the 14°, 15° and 16° of article 13 are thus written:
« 14° Offences provided for in articles 21 and 22 of the decree of 27 April 1939 concerning the admission and residence of foreigners in French Polynesia and articles 28, 30 and 38 of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia;
« 15° Disclaims relating to merchanting, concealed work, the use of foreign labour and the obstacle to the fulfilment of the duties of an inspector or labour controller provided for in articles 12, 50, 106, 114, 114, 114-1 and 122 of Act No. 86-845 of 17 July 1986 referred to above;
« 16° Disclaims of violations of the constitution and functioning of health, security and working conditions committees and of violations of the exercise of the right to organize or of the rights of the representative institutions of the personnel provided for in articles 112, 116, 118 and 119 of Act No. 86-845 of 17 July 1986 referred to above, or shall be punished by imprisonment for more than one year; "
For the application in French Polynesia of 32° of Article 14, the words: "L. 263-2 of the Labour Code" are replaced by the words: "108 of Act No. 86-845 of 17 July 1986 referred to above."
IV. - For its application in the Wallis Islands and Funtuna, the 14th of Article 14 is thus written:
« 14° Offences provided by articles 28 to 31 of the decree of 13 July 1937 regulating the admission of foreigners to New Caledonia and by articles 26, 28 and 36 of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands; "
V. - The amnesty provided for in this Act is applicable to the costs of prosecution and proceedings advanced by the State in New Caledonia, French Polynesia, Wallis and Futuna Islands and French Southern and Antarctic Lands.
In section 19 of Act No. 2000-1207 of 13 December 2000 on the orientation of the Overseas, the words: "for a period not exceeding eighteen months after the promulgation of the law" are replaced by the words: "until 1 June 2006".
This article shall take effect from 13 June 2002.
This law will be enforced as a law of the State.
Done in Paris, August 6, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
Minister of Social Affairs,
and solidarity,
François Fillon
The Seal Guard, Minister of Justice,
Dominica Perben
The Minister of Defence,
Michèle Alliot-Marie
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
The overseas minister,
Brigitte Girardin
(1) Preparatory work: Act No. 2002-1062.
National Assembly:
Bill No. 19;
Report of Mr. Michel Hunault on behalf of the Law Commission, No. 23;
Discussion on 9 and 10 July 2002 and adoption, after an emergency statement, on 10 July 2002.
Senate:
Bill, adopted by the National Assembly on first reading, No. 355 (2001-2002);
Report of Mr. Lucien Lanier, on behalf of the Law Commission, No. 358 (2001-2002);
Discussion on 23 and 24 July 2002 and adoption on 24 July 2002.
National Assembly:
Bill, as amended by the Senate, No. 153;
Report of Mr. Michel Hunault, on behalf of the Joint Parity Commission, No. 160;
Discussion and adoption on 3 August 2002.
Senate:
Report of Mr. Lucien Lanier, on behalf of the Joint Parity Commission, No. 382 (2001-2002);
Discussion and adoption on 3 August 2002.
