NCJ Number
130446
Editor(s)
G O W Mueller
Date Published
1960
Length
176 pages
Annotation
After an introduction that outlines the history, organization, and contents of the French Penal Code, this book presents an English translation of the code.
Abstract
The French Penal Code, as enacted in 1810 and amended in 1959, is divided into "books" that cover punishments for felonies and misdemeanors and their effects; persons criminally liable, excusable, and responsible for felonies and misdemeanors; felonies and misdemeanors and their punishments; and violations and their punishment. Books I and II cover the general aspects of criminal law, i.e., the doctrines of criminal responsibility and liability (determination of crime) and the provisions relating to punishments. Book III contains the "Special Part," i.e., the definitions of the various crimes as well as the punishments provided for each of them. It contains two major sections: Title I, which deals with felonies and misdemeanors against the State, and Title II, which addresses felonies and misdemeanors against individuals. Book IV covers violations, their general characteristics and their particular elements. The code relies upon a threefold division of offenses into felonies, misdemeanors, and violations. This division corresponds strictly to the jurisdictions of the trial courts. The Penal Code of 1810 is based upon the fundamental concept of mens rea. It excludes criminal responsibility only for the mentally ill. Attempt and accessoryship are addressed according to utilitarian considerations. The code punishes the perpetrator of an attempt the same as a perpetrator of the complete crime, and the accessory is subject to the same punishment as the principal.