Classification des Infractions

Classification Légale des Infractions

• La classification des infractions est tripartite (crime, délit, contravention), based on the severity of the penalty.
• This classification is detailed in Article 111-1 of the Penal Code, highlighting its importance.
• The severity of the penalty determines the classification.

Criteria for Classification

• The key criterion is the severity of the potential penalty.
• The two main penalties considered are prison terms and fines.

Penalties and Categories

• Crimes: 15 to 30 years imprisonment, or larger fines (over 3500€).
• Delits: Up to 10 years imprisonment, or large fines (over 3500€).
• Contraventions: No prison sentence, only fines. Maximum fines for contraventions are 1500 € for first offenses and 3000 € for repeat offenses.

Changes in Categorization

• An infraction's category can change depending on aggravating circumstances. This means that a contravention could become a misdemeanor, or a misdemeanor could become a felony.

Types of Competence

• Crime and misdemeanor accusations rest with the legislative branch, whereas the executive branch has competence for contraventions.
• Specific courts are responsible for each category (Criminal Court, Correctional Court, Police Court).

Time Limits for Actions

• Prescription delays: There are time limits (prescription) for prosecuting crimes, misdemeanors, and contraventions.
  • Crimes: 20 years/ 30 years (for serious crimes)
  • Misdemeanors: 6 years
  • Contraventions: 1 year

Political v. Common Law Infractions

• Common law infractions are all those that do not qualify as political infractions (military offenses are considered common offenses).
• The absence of explicitly stated criteria for political offenses makes it challenging to define them objectively.
• A determining factor is the nature of the offense—does it directly target the state or political order?

Judicial Decisions on Political Infractions

• The Court of Cassation has ruled on defining political offenses, emphasizing an objective analysis rather than a subjective approach (focus on objective facts not intent or motivation of the perpetrator).
• The Court of Cassation rejects an analysis based on the subjective elements, including the actor's motivations or political background. The focus is shifted to factual elements.