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Law No. 2011-266, 14 March 2011 On The Fight Against The Proliferation Of Weapons Of Mass Destruction And Their Means Of Delivery

Original Language Title: LOI n° 2011-266 du 14 mars 2011 relative à la lutte contre la prolifération des armes de destruction massive et de leurs vecteurs

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Summary

Amendment of the Defence Code, Customs Code, Criminal Procedure Code, Criminal Code.

Keywords

CODE , CODE PENAL , CODE PENAL , CODE , CODE PENAL , CODE PENAL , CODE PENAL , PRODUCTION CONTROL , ARME MASSIVE , PRODUCTION

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JORF n°0062 of 15 March 2011 page 4577
text No. 1



LOI no. 2011-266 of 14 March 2011 on combating the proliferation of weapons of mass destruction and their means of delivery (1)

NOR: DEFD0905829L ELI: https://www.legifrance.gouv.fr/eli/loi/2011/3/14/DEFD0905829L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2011/3/14/2011-266/jo/texte


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

  • PART IER: PROLIFERATION OF MASSIVE DESTRUCTION ARMES
    • CHAPTER IER: LUTTE CONTRE LA PROLIFERATION DES ARMES NUCLEAIRES Article 1 Learn more about this article...


      Article L. 1333-9 of the Defence Code is amended as follows:
      1° At 1° of I, the words: "to provide inaccurate information in order to obtain" are replaced by the words: "to be unduly issued by any fraudulent means whatsoever";
      2° II is repealed;
      3° In the III, the references: "at 2°, 4° and 5° of the I" are replaced by the reference: "at I".

      Article 2 Learn more about this article...


      Sub-section 2 of chapter III, section 2, of Book III of the same code is supplemented by eleven articles L. 1333-13-1 to L. 1333-13-11 as follows:
      "Art.L. 1333-13-1.-East punishable by five years' imprisonment and a fine of €75,000:
      « 1° Export without authorization of any related nuclear material, the list of which is determined by joint order of the Minister of Defence and the Minister responsible for the industry;
      « 2° Unduly to be issued by any fraudulent means, whether it is the authorization to export these same assets.
      "Art.L. 1333-13-2.-Provoking, encouraging or inducing anyone, in any way, to commit the offences provided for in Article I of L. 1333-9 and Articles L. 1333-11 and L. 1333-13-1, where this has been effective, is punishable by the penalties provided for these offences.
      "When the facts mentioned in the first paragraph of this article are not followed by effect because of circumstances beyond the control of their author, the sentence is three years imprisonment and 45,000 € fine.
      "Art.L. 1333-13-3.-I. ― The offences set out in sections L. 1333-12 and L. 1333-13-1 are punishable by ten years of imprisonment and 150,000 € of fine when committed in organized bands.
      “II. ― Offences defined in articles L. 1333-9 and L. 1333-11 are punishable by fifteen years of imprisonment and 7.5 million euros of fine when committed in organized bands.
      "Art.L. 1333-13-4.-I. ― The offences defined in Article L. 1333-13-1 are punishable by fifteen years of criminal detention and 7.5 million euros of fine when they are in relation to an individual or collective enterprise with the aim of enabling anyone to acquire a nuclear weapon.
      "The penalty is increased to twenty years' imprisonment and to 7.5 million euros' fine when the offences are committed in organized bands.
      "II. ― Offences defined in the 1st and 2nd of I of Article L. 1333-9 and articles L. 1333-11, L. 1333-12 and L. 1333-13-2 are punishable by twenty years of criminal detention and 7.5 million euros of fine when they are in relation to an individual or collective enterprise with the aim of enabling anyone to equip themselves with a nuclear weapon.
      "These acts are punishable by 30 years of criminal detention and 7.5 million euros of fine when committed in organized bands.
      "III. ― Constitutes a nuclear weapon, for the prosecution of the offences referred to in this article, any explosive device whose energy originates in the fission of atom nuclei.
      "Art.L. 1333-13-5.-Procuring funding by providing, consolidating or managing any funds, values or property or by providing advice to that end, with the intention of seeing such funds, values or assets used or knowing that they are intended to be used, in whole or in part, for the purpose of committing any of the offences provided for in Article L. 1333-13-4, shall be punished by the penalties provided for by the commission.
      "Art.L. 1333-13-6.-The act of provoking, encouraging or inducing anyone in any way to commit the offences provided for in sections L. 1333-13-3 to L. 1333-13-5, where this has been followed by effect, is punishable by the penalties provided for these offences.
      "When the facts mentioned in the first paragraph of this article are not followed by effect because of circumstances beyond the control of their author, the sentence is seven years' imprisonment and 100,000 €' fine.
      "Art.L. 1333-13-7.-People guilty of any of the offences set out in this subsection shall be liable to the following additional penalties:
      « 1° The prohibition, in accordance with the terms provided by theArticle 131-26 of the Criminal Codecivil, civil and family rights;
      « 2° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the same Code, of the exercise of a public service or of the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
      « 3° The closure shall be permanently, for a period of not more than five years, of the establishments or of one or more of the establishments of the company that used to commit the offence;
      « 4° The exclusion of public markets for a maximum of five years;
      « 5° Forfeiture of nuclear materials as well as equipment used in the development, use or transport of such materials;
      « 6° The display or dissemination of the decision in the conditions provided by theArticle 131-35 of the Criminal Code ;
      « 7° The residence ban, in accordance with the terms provided for in article 131-31 of the same code;
      « 8° The prohibition of French territory, in the case of foreigners, imposed under the conditions laid down in section 131-30 of the same code, either permanently or for a period of not more than ten years.
      "Art.L. 1333-13-8.-The legal persons guilty of any of the offences set out in this subsection shall, in addition to the fine in accordance with the terms provided for in section 131-38 of the same Code, be liable to:
      « 1° In the cases provided for in Articles L. 1333-9 and L. 1333-11, the first paragraph of Article L. 1333-13-2, Articles L. 1333-13-3 to L. 1333-13-5 and the first paragraph of Article L. 1333-13-6 of this Code, the penalties referred to in Article L. 1333-13-6Article 131-39 of the Criminal Code ;
      « 2° In the cases provided for in articles L. 1333-12, L. 1333-13 and L. 1333-13-1 and the second paragraph of articles L. 1333-13-2 and L. 1333-13-6 of this Code, the penalties referred to in the 2° to 11° of Article 131-39 of the Penal Code.
      "The prohibition referred to in 2° of the same section 131-39 relates to the activity in the exercise or in the exercise of which the offence was committed.
      "Art.L. 1333-13-9.-Any person who has attempted to commit the offences set out in sections L. 1333-13-3 and L. 1333-13-4 and in the first paragraph of Article L. 1333-13-6 of this Code shall be free of penalty if, having notified the administrative or judicial authority, it has prevented the execution of the offence and to identify, where appropriate, the other perpetrators or accomplices.
      "Art.L. 1333-13-10.-The custodial sentence imposed by the author or accomplice of the offences provided for in Articles L. 1333-13-3 to L. 1333-13-5 and the first paragraph of Article L. 1333-13-6 shall be reduced by half if, having warned the administrative or judicial authority, he has allowed to stop the acts incriminated or to prevent the offence from being permanently compelled or
      "Art.L. 1333-13-11.- Both first paragraphs of section 132-23 of the Criminal Code are applicable to offences under sections L. 1333-13-3 to L. 1333-13-5 and the first paragraph of section L. 1333-13-6 of this Code. »

      Article 3 Learn more about this article...


      Article L. 1333-14 of the same code is amended as follows:
      1° The words: "or detained in nuclear facilities of interest to defence" are deleted;
      2° It is added a paragraph to read:
      "Articles L. 1333-13-2 to L. 1333-13-11 are also applicable to nuclear materials referred to in the first paragraph of this article, but only in that they refer to the offences provided for in Article L. 1333-9. »

    • CHAPTER II: LUTTE CONTRE LA PROLIFERATION DES ARMES BIOLOGIQUES ou A BASE DE TOXINES Article 4 Learn more about this article...


      In section L. 2341-1 of the Defence Code, the words: "acquisition and disposal" are replaced by the words: "transport, acquisition, disposal, import, export, trade and brokerage".

      Article 5 Learn more about this article...


      Article L. 2341-2 of the same code is as follows:
      "Art.L. 2341-2.- It is prohibited to provide funding by providing, consolidating or managing any funds, values or property or by providing advice for that purpose, with the intention of seeing such funds, values or assets used or knowing that they are intended to be used, in whole or in part, for the purpose of committing any act prohibited in Article L. 2341-1, regardless of the act of enforcement. »

      Article 6 Learn more about this article...


      Article L. 2341-4 of the same code is as follows:
      "Art.L. 2341-4.-The offences under articles L. 2341-1 and L. 2341-2 are punishable by twenty years of criminal detention and three million euros of fine.
      "The penalties are increased to thirty years' imprisonment and to five million euros' fine when the offence is committed in organized bands.
      "In the event of conviction, the court of judgment orders the confiscation, for the purpose of their destruction, of the agents or toxins defined in Article L. 2341-1. »

      Article 7 Learn more about this article...


      Article L. 2341-5 of the same code is as follows:
      "Art.L. 2341-5.-The act of provoking, encouraging or inducing anyone, in any way, to commit the offences provided for in Article L. 2341-4, where this has been followed by effect, shall be punished by the penalties provided for these offences.
      "When the facts mentioned in the first paragraph of this article are not followed by effect because of circumstances beyond the control of their author, the sentence is seven years' imprisonment and 100,000 €' fine. »

      Article 8 Learn more about this article...


      After article L. 2341-5 of the same code, two articles L. 2341-5-1 and L. 2341-5-2 are inserted as follows:
      "Art.L. 2341-5-1.-People guilty of any of the offences set out in this section shall be liable to the following additional penalties:
      « 1° The prohibition, in accordance with the terms provided by theArticle 131-26 of the Criminal Codecivil, civil and family rights;
      « 2° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the same Code, of the exercise of a public service or of the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
      « 3° The closure shall be permanently, for a period of not more than five years, of the establishments or of one or more of the establishments of the company that used to commit the offence;
      « 4° The exclusion of public markets for a maximum of five years;
      « 5° Forfeiture of equipment used in the development, manufacture, transport, detention and storage of agents or toxins defined in Article L. 2341-1 of this Code;
      « 6° The display or dissemination of the decision in the conditions provided by theArticle 131-35 of the Criminal Code ;
      « 7° The residence ban, in accordance with the terms provided for in article 131-31 of the same code;
      « 8° The prohibition of French territory, in the case of foreigners, imposed under the conditions laid down in section 131-30 of the same code, either permanently or for a period of not more than ten years.
      "Art.L. 2341-5-2.-The legal persons guilty of any of the offences set out in this section shall, in addition to the fine in accordance with the terms and conditions provided for by theArticle 131-38 of the Criminal Codethe penalties referred to in section 131-39 of the same code.
      "The prohibition referred to in 2° of the same section 131-39 relates to the activity in the exercise or in the exercise of which the offence was committed. »

      Article 9 Learn more about this article...


      In article L. 2341-6 of the same code, after the word: "incriminated" are inserted the words: "or to avoid the death of a man or permanent infirmity."

      Article 10 Learn more about this article...


      After article L. 2341-6 of the same code, two articles L. 2341-6-1 and L. 2341-6-2 are inserted as follows:
      "Art.L. 2341-6-1.-Any person who has attempted to commit the offences set out in this section shall be free of penalty if, having notified the administrative or judicial authority, it has prevented the commission of one of the offences and, where applicable, identifying other perpetrators or accomplices.
      "Art.L. 2341-6-2.- Both first paragraphs of section 132-23 of the Criminal Code are applicable to offences under this section. »

    • CHAPTER III: LUTTE CONTRE LA PROLIFERATION DES ARMES CHIMIQUES Article 11 Learn more about this article...


      After the second paragraph of Article L. 2342-3 of the Defence Code, it is inserted a paragraph as follows:
      "It is prohibited to provide funding by providing, consolidating or managing any funds, values or property or by providing advice for that purpose, with the intention of seeing such funds, values or assets used or knowing that they are intended to be used, in whole or in part, for the purpose of undertaking an activity prohibited by this chapter, regardless of the actual conduct of such an activity. »

      Article 12 Learn more about this article...


      Article L. 2342-60 of the same code is amended as follows:
      1° After 2°, a sub-paragraph is inserted:
      "It is punishable by the same penalties to provide funding by providing, bringing together or managing any funds, values or property or by giving advice to that end, in order to see such funds, values or assets used or knowing that they are intended to be used, in whole or in part, for the purpose of committing any of the offences provided for in sections L. 2342-57 and L. 2342-58 and the above, » ;
      2° After the fifth preambular paragraph, a sub-item reads as follows:
      "The offences provided for in this article are punishable by thirty years' imprisonment and five million euros' fine when committed in organized bands. »

  • PART II: PROLIFERATION OF MASSIVE DESTRUCTION VECTORS Article 13 Learn more about this article...


    Chapter IX of Title III of Book III of Part II of the Defence Code is supplemented by a section 8 as follows:


    “Section 8



    "From the proliferation of weapons vectors
    of Mass Destruction


    "Art.L. 2339-14.-The offences defined in the first paragraph of Article L. 2339-2, in Article L. 2339-4, in the first paragraph of Articles L. 2339-5 and L. 2339-8, in the first paragraph of Article L. 2339-9 and in the first paragraph of Article L. 2339-10 shall be punished by fifteen years of criminal detention and one and a half million of euros
    "These acts are punishable by twenty years' imprisonment and three million euros' fine when committed in organized bands.
    "Art.L. 2339-15.-Procuring funding by providing, bringing together or managing any funds, values or property or by providing advice for that purpose, with the intention of seeing such funds, values or assets used or knowing that they are intended to be used, in whole or in part, for the purpose of committing any of the offences provided for in Article L. 2339-14, regardless of the commission of an offence of the offence of
    "Art.L. 2339-16.-The undue release, by any fraudulent means whatsoever, of the authorizations or approvals referred to in I of Article L. 2332-1, to Articles L. 2335-1 to L. 2335-3, to the 2nd of I of Article L. 2336-1 and to Article L. 2337-4 shall be punished by ten years of imprisonment and one millionam
    "Art.L. 2339-17.-People guilty of any of the offences set out in this section shall be liable to the following additional penalties:
    « 1° The prohibition, in accordance with the terms provided by theArticle 131-26 of the Criminal Codecivil, civil and family rights;
    « 2° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the same Code, of the exercise of a public service or of the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
    « 3° The closure shall be permanently, for a period of not more than five years, of the establishments or of one or more of the establishments of the company that used to commit the offence;
    « 4° The exclusion of public markets for a maximum of five years;
    « 5° The confiscation of missiles, rockets or other unmanned systems capable of driving to their targets nuclear weapons as defined in Article L. 1333-13-4, of this Code, chemical or biological and specially designed for this purpose, as well as of the equipment used in the development, use or transport of such goods;
    « 6° The display or dissemination of the decision in the conditions provided by theArticle 131-35 of the Criminal Code ;
    « 7° The residence ban, in accordance with the terms provided for in article 131-31 of the same code;
    « 8° The prohibition of French territory, in the case of foreigners, imposed under the conditions laid down in section 131-30 of the same code, either permanently or for a period of not more than ten years.
    "Art.L. 2339-18. - Legal persons guilty of any of the offences set out in this section shall, in addition to the fine as provided for in section 131-38 of the Code, be liable to:
    « 1° In the cases provided for in sections L. 2339-14 and L. 2339-15 of this Code, the penalties referred to inArticle 131-39 of the Criminal Code ;
    « 2° In the cases provided for in Article L. 2339-16 of this Code, the penalties referred to in 2° to 11° of Article 131-39 of the Penal Code.
    "The prohibition referred to in 2° of the same section 131-39 relates to the activity in the exercise or in the exercise of which the offence was committed. »

  • PART III: PROVISIONS RELATING TO FOOD Article 14 Learn more about this article...


    After the first paragraph of section 414 of the Customs Code, it is inserted a paragraph as follows:
    "The penalty of imprisonment shall be extended to a maximum of five years and the fine may be up to three times the value of the object of fraud where the acts of smuggling, import or export relate to dual-use, civil and military goods, whose circulation is restricted by European regulations. »

    Article 15 Learn more about this article...


    I. ― After section 61 of the same code, an article 61 bis is inserted as follows:
    "Art. 61 bis.-In the expectation of the decision of prohibition or authorization referred to in Article 6 of Council Regulation (EC) No 428/2009 of 5 May 2009, establishing a community regime for the control of exports, transfers, brokerage and transit of dual-use goods, the agents of the Customs immobilize, under conditions fixed by decree in the Council of State, goods for dual- civilian use and non-military »
    II. ― Article 427 of the same code is supplemented by a 7° as follows:
    « 7° Any carriage in the customs territory of non-community civilian and military dual-use goods to a non-EU country, in violation of the prohibitions or authorizations referred to in Article 6 of Council Regulation (EC) No 428/2009 of 5 May 2009, establishing a community regime for the control of exports, transfers, brokerage and transit of dual-use goods. »
    III. — Chapter III of title II of the same code is supplemented by an article 59 septies as follows:
    "Art. 59 septies.- Agents of the General Directorate of Customs and Indirect Rights and officers of the General Directorate of Competitiveness, Industry and Services may communicate on request or spontaneously all information and documents held or collected during their respective missions, including in the context of the control of exports, transfers, brokerage and transit of dual-use goods. »

  • PART IV: PROVISIONS RELATING TO THE PROCEDURE FOR INFRACTIONS RELATING TO THE PROLIFERATION OF MASSIVE DESTRUCTION ARMES AND VECTORS Article 16 Learn more about this article...


    Book IV of the Code of Criminal Procedure is supplemented by a title XXXII as follows:


    « TITRE XXXII



    " OF THE PROCEDURE FOR INFRACTIONS RELATING TO THE PROLIFERATION OF MASSIVE DESTRUCTION ARRANGEMENTS AND VECTORS
    "Art. 706-167.-The procedure for the investigation, prosecution, investigation and trial of the following crimes and related offences shall be the procedure provided for in this Code, subject to the provisions of this title:
    « 1° Offences relating to nuclear materials and nuclear weapons and related goods to nuclear material under Article L. 1 and 2 of Article L. 1333-9 and Articles L. 1333-11, L. 1333-13-1 to L. 1333-13-6 and L. 1333-14 of the Defence Code ;
    « 2° Offences relating to biological or toxin weapons provided for in articles L. 2341-1, L. 2341-2, L. 2341-4 and L. 2341-5 of the same code;
    « 3° Offences relating to weapons and chemicals provided for in articles L. 2342-57 to L. 2342-61 of the same code;
    « 4° Offences relating to the proliferation of vectors of weapons of mass destruction provided for in articles L. 2339-14 to L. 2339-16 of the same code;
    « 5° Smuggling, import or export offences under the second and last paragraphs of section 414 of the Customs Codewhen dealing with dual-use, civilian and military goods;
    « 6° Offences for the delivery of information to a foreign power provided for in Articles 411-6 to 411-8 of the Criminal Code when these offences are in relation to one of the offences mentioned in 1° to 5° of this Article;
    « 7° The offence of participation in an association of criminals provided by theArticle 450-1 of the Criminal Code when it is intended to prepare one of the above-mentioned offences.
    "This title is also applicable to the prosecution, investigation and judgment of the above-mentioned offences committed abroad where the French law is applicable under Chapter III, Section 2, title I, of Book I of the Criminal Code.


    “Section 1



    “Competence


    "Art. 706-168.-For the prosecution, investigation and trial of offences falling within the scope of section 706-167, the prosecutor of the Republic, the examining magistrate, the correctional court and the court of siege of Paris shall exercise concurrent jurisdiction with the jurisdiction resulting from the application of sections 43,52,382 and 702.
    "In respect of minors, the prosecutor of the Republic, the investigating judge, the juvenile judge, the children's court and the court of juveniles in Paris exercise concurrent jurisdiction to the jurisdiction resulting from the application of the application of theOrder No. 45-174 of 2 February 1945 relating to delinquent childhood.
    "When they are competent for the prosecution and investigation of offences falling within the scope of Article 706-167, the prosecutor of the Republic and the examining magistrate of Paris exercise their powers over the entire scope of the national territory.
    "Instruction of acts of financing the proliferation of weapons of mass destruction and their means of delivery defined by articles L. 1333-13-5, L. 2339-15, L. 2341-2 and L. 2341-4 and the fourth paragraph of thearticle L. 2342-60 the code of defence may be entrusted, if any under the conditions provided for in article 83-1 of this Code, to a magistrate of the Court of Grand Instance of Paris assigned to specialized training in economic and financial matters pursuant to the last paragraph of article 704.
    "Art. 706-169.-The prosecutor of the Republic near a court of great jurisdiction other than that of Paris may, for offences falling within the scope of Article 706-167, require the investigating judge to dive for the benefit of the investigative jurisdiction of Paris. The parties are previously notified and invited to make their observations known by the investigating judge; the order is made no later than eight days and no later than one month from that notice.
    "The order by which the examining magistrate defers shall only take effect from the five-day period provided for in section 706-173; where an appeal is made pursuant to this article, the investigating judge shall remain seized until the decision of the Criminal Chamber of the Court of Cassation is brought to his knowledge.
    "As soon as the order has become final, the prosecutor of the Republic shall forward the case to the prosecutor of the Republic of Paris.
    "This section is applicable to the board of instruction.
    "Art. 706-170.-When it appears to the investigating judge of Paris that the facts before him do not constitute one of the offences falling within the scope of Article 706-167 and do not fall within his jurisdiction to another title, the magistrate declares himself incompetent either on the request of the prosecutor of the Republic, or, after the opinion of the latter, on his or her own motion. Those of the parties that have not submitted a request are previously notified and invited to make their observations known; the order is made not earlier than eight days after this notice.
    "The second paragraph of Article 706-169 is applicable to the order by which the examining magistrate of Paris declares himself incompetent.
    "As soon as the order has become final, the prosecutor of the Republic of Paris will address the case file to the prosecutor of the territorially competent Republic.
    "This section is applicable when the board of instruction of the Court of Appeal of Paris determines its jurisdiction.
    "Art. 706-171.-When the Correctional Court or the Children's Court of Paris declares that it is incompetent for the reasons provided for in section 706-170, the Public Prosecutor's Office shall send notice to the public prosecutor; the Public Prosecutor may, by the same decision, issue a warrant for filing or arrest against the accused.
    "Art. 706-172. -In the cases provided for in articles 706-169 to 706-171, the warrant for filing or arrest shall retain its enforceable force; the actions of prosecution or instruction and the formalities before the decision of separation or incompetence has become final have not to be renewed.
    "Art. 706-173.-Any order made on the basis of sections 706-169 or 706-170 by which an investigating judge determines his or her divestiture or the investigating judge of Paris may, with the exception of any other remedy, be referred within five days of his or her notification, at the request of the public ministry or the parties, to the criminal chamber of the Court of Cassation which designates, The Public Prosecutor's Office may also refer directly to the Criminal Chamber of the Court of Cassation where the investigating judge has not issued his or her order within one month of the first paragraph of section 706-169.
    "The criminal chamber that finds that the investigating judge of the Paris High Court is not competent, however, in the interest of a good administration of justice, may decide that the information will be prosecuted in this court.
    "The decision of the criminal chamber is brought to the attention of the investigating judge and the public prosecutor; it is served on the parties.
    "This section is applicable to the order made on the basis of the last paragraph of sections 706-169 and 706-170 by which an instructional board shall rule on its divestiture or jurisdiction.


    “Section 2



    “Procedure


    "Art. 706-174. -For the judgment of the major accused, the rules relating to the composition and operation of the court of siege are set out in article 698-6.
    "Art. 706-175.-The public action of the crimes referred to in Article 706-167 is prescribed by thirty years. The sentence imposed in the event of conviction for one of these crimes is prescribed by thirty years from the date on which the conviction became final.
    "The public action on the offences referred to in Article 706-167, when they are punished by ten years of imprisonment, is prescribed by twenty years. The sentence imposed in the event of conviction for such offences is prescribed by twenty years from the date on which the conviction became final. »

    Article 17 Learn more about this article...


    The same code is amended:
    1° In the first paragraph of Article 78-2-2, after the words: "of offences in matter", are inserted the words: "of proliferation of weapons of mass destruction and their means of delivery referred to in 1° and 2° of Article L. 1333-9, in Article L. 1333-11, in Part II of Articles L. 1333-13-3 and L. 1333-13-4 and Articles L. 1333-13-5, L. 2339-14
    2° After the 17th of article 706-73, it is inserted an 18th grade as follows:
    "18° Crimes and offences punishable by ten years' imprisonment, contributing to the proliferation of weapons of mass destruction and their means of delivery within the scope of Article 706-167. » ;
    3° In the first paragraph of Article 706-75, the first and last paragraphs of Article 706-75-1 and the first sentence of the first paragraph of Article 706-77, after the reference: "11°", is inserted the reference: "and 18°".

  • PART V: INFRACTIONS RELATING TO THE PROLIFERATION OF MASSIVE DESTRUCTION WEAPONS AND THEIR VERSIONS Article 18 Learn more about this article...


    The 4th of Article 421-1 of the Criminal Code is thus written:
    « 4° L. 1333-9, Articles L. 1333-11 and L. 1333-13-2, Part II of Articles L. 1333-13-3 and L. 1333-13-4, Articles L. 1333-13-6, L. 2339-2, L. 2339-5, L. 2339-8 and L. 2339-4, L.Article L. 2353-13 of the Defence Code ;".

  • PART VI: OTHER PROVISIONS Article 19 Learn more about this article...


    The Defence Code is amended to read:
    1° In the last paragraph of Article L. 2339-2, the words "of the offender" are replaced by the words "of the offender";
    2° The second paragraph of Article L. 2342-18 is deleted.

    Rule 20 Learn more about this article...


    I. ― This Act is applicable throughout the territory of the Republic, with the exception of section 14.
    II. ― After the first paragraph of Article 282 of the Customs Code of Mayotte, it is inserted a paragraph as follows:
    "The penalty of imprisonment shall be extended to a maximum of five years and the fine may be up to three times the value of the object of fraud where the acts of smuggling, import or export relate to dual-use, civil and military goods, whose circulation is restricted by European regulations. »
    III. ― After first paragraph of section 414 of the Customs Code applicable to Wallis-et-Futuna, Saint-Pierre-et-Miquelon and Nouvelle-Calédonie, a sub-paragraph is inserted as follows:
    "The penalty of imprisonment shall be extended to a maximum of five years and the fine may be up to three times the value of the object of fraud where the acts of smuggling, import or export relate to dual-use, civil and military goods, whose circulation is restricted by European regulations. »
    IV. ― After second paragraph of section 414 of the Customs Code applicable in French Polynesia, a sub-paragraph is inserted as follows:
    "The penalty of imprisonment shall be extended to a maximum of five years and the fine may be up to three times the value of the object of fraud where the acts of smuggling, import or export relate to dual-use, civil and military goods, whose circulation is restricted by European regulations. »
    V. ― Book VI of the Code of Criminal Procedure is amended as follows:
    1° Chapter XI of title I is supplemented by article 866-2 as follows:
    "Art. 866-2.-At the 5th of Article 706-167, the reference: " to second and third paragraphs of Article 414 of the Customs Code “is replaced, in New Caledonia, by the reference: “to” second and third paragraphs of Article 414 of the Customs Code applicable in New Caledonia, in French Polynesia, by reference: " to third and fourth paragraphs of Article 414 of the Customs Code applicable to French Polynesia ”, and to Wallis-et-Futuna, by reference: " to second and third paragraphs of Article 414 of the Customs Code applicable to Wallis-et-Futuna ”. » ;
    2° Chapter VIII of title II is supplemented by an article 900-1 as follows:
    "Art. 900-1.-At the 5th of Article 706-167, the reference: " to second and third paragraphs of Article 414 of the Customs Code “is replaced by the reference: “to article 282 of the Mayotte Customs Code”. » ;
    3° Title III is supplemented by a chapter IV as follows:


    “Chapter IV



    "Some special procedures


    "Art. 934-3.-At the 5th of Article 706-167, the reference: " to second and third paragraphs of Article 414 of the Customs Code “is replaced by the reference: “to” second and third paragraphs of Article 414 of the Customs Code applicable to Saint-Pierre-et-Miquelon ”. »
    This law will be enforced as a law of the State.


Done in Paris, March 14, 2011.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The Minister of State,

Minister for Foreign Affairs

and European,

Alain Juppé

Minister of Defence

and veterans,

Gérard Longuet

The guard of the seals,

Minister of Justice and Freedoms,

Michel Mercier

Minister of Economy,

finance and industry,

Christine Lagarde

Minister to the Minister of Economy,

finance and industry,

responsible for the industry,

energy and the digital economy,

Eric Besson

(1) Preparatory work: Act No. 2011-266. National Assembly: Bill No. 1652; Report of Mr. Michel Voisin, on behalf of the defence commission, No. 2820; Discussion and adoption on 25 November 2010 (TA No. 564). Senate: Bill, passed by the National Assembly, No. 133 (2010-2011); Report of Mr. André Dulait, on behalf of the Foreign Affairs Committee, No. 211 (2010-2011); Text of Commission No. 212 (2010-2011); Discussion and adoption on March 1, 2011 (TA No. 69, 2010-2011).
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