NCJ Number
55979
Date Published
1976
Length
9 pages
Annotation
A PRECISE DEFINITION OF BANDITRY IN FRENCH PENAL LAW IS NEEDED BECAUSE OF THE GROWING NUMBER OF CRIMINAL ASSOCIATIONS.
Abstract
ACCORDING TO THE DEFINITION ESTABLISHED BY THE CENTRAL BUREAU FOR THE CONTROL OF BANDITRY, THE TERM BANDITRY, WHICH HAS BEEN LUMPED TOGETHER WITH ARMED AGGRESSION, APPLIES TO (1) ARMED ROBBERY, (2) EXTORTION, (3) FORMATION OF CRIMINAL ASSOCIATIONS, AND (4) VOLUNTARY HOMICIDE COMMITTED BY CRIMINALS WITH CRIMINALS AS VICTIMS. THE BUREAU IS EMPOWERED TO INTERVENE IN CASES OF ARMED AGGRESSION EXTENDING BEYOND THE LOCAL LEVEL AND TO GATHER RELEVANT INFORMATION. WHILE ACTIVITIES RELATED TO ORGANIZED CRIME (E.G., PANDERING AND DRUG TRAFFIC) ARE DIFFICULT TO DEAL WITH, SPECIALIZED POLICE UNITS EXIST FOR SUCH PURPOSES. APPREHENDING MEMBERS OF CRIMINAL ASSOCIATIONS IS MORE PROBLEMATIC, BECAUSE UNDER PRESENT LEGAL GUIDELINES PROOF OF ACTUAL PREPARATION FOR MORE THAN ONE CRIME AND OF INTENT TO COMMIT CRIMES MUST BE PROVIDED. FURTHERMORE, THE CONCEPT OF A 'CRIMINAL ASSOCIATION' IS SO BROAD THAT IT MAY ALSO INCLUDE OCCASIONAL CRIMINALS. AS A RESULT, JUVENILES ON A LARK MAY BE PROSECUTED, WHILE POLICE MUST WAIT FOR A BAND OF HARDENED CRIMINALS TO BEGIN EXECUTION OF A BANK ROBBERY BEFORE INTERVENTION IS PERMITTED. RECOMMENDATIONS TO IMPROVE THE SITUATION INCLUDE CREATION OF A SEPARATE OFFENSE FOR CRIMINAL ASSOCIATIONS, CRIMINALIZATION OF ACTS IN PREPARATION FOR A CRIME AND OF CERTAIN LIFE STYLES, STRICTER ARMS LAWS FOR PROFESSIONAL CRIMINALS, AND FURTHER RESEARCH ON THE NATURE OF BANDITRY. --IN FRENCH. (KMD)