France - Draft Law (Approved by the Senate) Aimed at Reinforcing the Criminal Repression of Associations or Groups to be Regarded, Because of their Criminal Activities, as Troubling Public Order or Being a Major Danger for Human Personality (December 16, 1999)

(translated by CESNUR) - see comment by CESNUR

Article 1

It will be included, before the last paragraph of article 1 of the Law of January 10, 1936 on Combatant Groups and Private Militias, two new paragraphs 8 and 9 as follows:

"8. Or those, which, having been found repeatedly guilty according to articles 221-7, 222-21, 223-2, 223-9, 225-12, 225-16, 226-7, 226-12, 227-14, 227-17-2, 227-28-1, 311-16, 312-15, 313-9 and 314-12 of the Criminal Code, or to articles L. 376 and L. 517 of the Public Health Code, will be regarded as a trouble for public order or a major danger for human personality;

9. Or, whose managers or de facto leaders have been found repeatedly guilty, with final decisions, according to articless 221-1 to 221-6, 222-1 to 222-20, 222-22 to 222-32, 223-1, 223-3 to 233-8, 223-13 to 223-15, 224-1 to 224-5, 225-5 to 225-11, 225-13 to 225-15, 226-1 to 226-6, 226-10, 226-11, 227-1 to 227-13, 227-15 to 227-28, 311-1, 311-3, 311-4, 312-1 to 312-12, 313-1 to 313-4, 314-1 and 314-2 of the Criminal Code, or to articles L. 376 and L. 517 of the Public Health Code, or for tax fraud, and which will be regarded as a trouble for public order or a major danger for human personality".

Article 2

I. Article L. 376 of the Public Health Code will be completed as follows:

"Organizations and associations may be regarded as guilty under the criminal law, according to the conditions stated in article 121-2 of the Criminal Code, for the crime defined in the previous paragraph.

Penalties for organizations and associations will be as follows:

i. fines, according to Article 131-38 of the Criminal Code;

ii. penalties according to Article 131-39 of the Criminal Code".

II. Article L. 517 of the Public health Code will be completed by four new paragraphs as follows:

"Organizations and associations may be declared as liable under the criminal law, according to the conditions stated in article 121-2 of the Criminal Code, for the crime defined in the previous paragraph.

Penalties for organizations and associations will be as follows:

i. fines, according to Article 131-38 of the Criminal Code;

ii. penalties according to Article 131-39 of the Criminal Code".

Article 3

In the second paragraph of Article 8 of the Law of July 1, 1901 on establishing new associations, the words "a fine of F 30,000 and a jail term up to one year" will be relaved as follows: "a jail term of three years and a fine of F 300,000".