Murder in French law

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In the French penal code, murder is defined by the intentional killing of another person. Murder is punishable by [1] a maximum of 30 years of criminal imprisonment (no more than 20 years if the defendant is not sentenced to 30 years). [2] [3] Assassination (murder with premeditation or after lying in wait for the victim) [4] and murder in some special cases in accordance with Article 221-4 [5] (including if the victim is a child under 15, against vulnerable people due to age, health etc, in the context of domestic violence, against some professionals in connection with their duty, in a gang etc) ) [6] are punished by a jail term up to life imprisonment (no more than 30 years if the defendant is not sentenced to life). [7] [8] The same punishment is given to murder committed in connection to other criminal offenses according to Article 221-2. [9] [10] [11]

Except for recidivists, [12] the minimum sentence in criminal prosecutions is one or two years' imprisonment, which may be suspended if the sentence is under 5 years. [13] Acts of violence causing an unintended death (Article 222-7 of the Penal Code -Les violences ayant entraîné la mort sans intention de la donner) [14] [15] [16] [17] are punished by 15 years' imprisonment, or 20 years if aggravating circumstances exist [18] (which are the same as those that would make a murderer eligible for life in prison). [19] [20] [21]

See also

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References

  1. ↑ "Article 132-18". Legifrance. Retrieved 2007-11-09.
  2. ↑ "Article 221-1 - Code pénal - Légifrance". www.legifrance.gouv.fr. Retrieved 2024-02-20.
  3. ↑ Corioland, Sophie (2019-01-08). Droit pénal général (in French). Editions Ellipses. ISBN   978-2-340-03229-3.
  4. ↑ "Article 221-2". Legifrance. Archived from the original on 2007-11-02. Retrieved 2007-10-23.
  5. ↑ "Chapitre Ier : Des atteintes à la vie de la personne (Articles 221-1 à 221-11-1) - Légifrance".
  6. ↑ "Article 221-3". Legifrance. Archived from the original on 2007-11-02. Retrieved 2007-10-23.
  7. ↑ Pradel, Jean (2016-09-14). Droit pénal comparé. 4e éd (in French). Editis - Interforum. ISBN   978-2-247-15085-4.
  8. ↑ Government, Frrench (2017-06-26). Criminal Law of France. Independently Published. ISBN   978-1-5215-9028-7.
  9. ↑ "Section 1 : Des atteintes volontaires à la vie (Articles 221-1 à 221-5-5) - Légifrance".
  10. ↑ McKillop, Bron (1997). Anatomy of a French Murder Case. Hawkins Press. ISBN   978-1-876067-06-9.
  11. ↑ Hodgson, Jacqueline (2005-11-08). French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France. Bloomsbury Publishing. ISBN   978-1-84731-069-9.
  12. ↑ The French Parliament. "Loi n° 2007-1198 du 10 août 2007 renforçant la lutte contre la récidive des majeurs et des mineurs". French Criminal Law (in French). Legifrance. Retrieved 2007-11-01.
  13. ↑ The French Parliament. "Paragraph 1 - Conditions for the granting of ordinary suspension". French Criminal Law. Legifrance. Retrieved 2007-11-01.
  14. ↑ "Article 222-7 - Code pénal - Légifrance". www.legifrance.gouv.fr. Retrieved 2024-02-20.
  15. ↑ Bouloc, Bernard (2023-10-12). Droit pénal général 28ed (in French). Groupe Lefebvre Dalloz. ISBN   978-2-247-22940-6.
  16. ↑ Pin, Xavier (2023-10-12). Droit pénal général 2024 15ed (in French). Groupe Lefebvre Dalloz. ISBN   978-2-247-22928-4.
  17. ↑ "La Praeterintention" (PDF). Penale.it. Retrieved 2024-02-20.
  18. ↑ "Article 222-8 - Code pénal - Légifrance". www.legifrance.gouv.fr. Retrieved 2024-02-20.
  19. ↑ Elliott, Catherine (2001-05-01). French Criminal Law. Routledge. ISBN   978-1-135-99314-6.
  20. ↑ Maréchal, Jean-Yves (2003). Essai sur le résultat dans la théorie de l'infraction pénale (in French). L'Harmattan. ISBN   978-2-7475-4549-5.
  21. ↑ Tsikarishvili, Kakha (2017-12-31). "Particularities of Subjective Element of the Crime in French Criminal Law". Journal of Law (2). ISSN   2720-782X.


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