FRANCE
Criminal measures
French Penal Code, as amended 20 September 2020
Certain crimes, when committed intentionally in connection with the purpose of to
seriously disturb public order through intimidation or terror are classed as terrorist acts:
Article 421-1.
Offences classed as terrorist acts carry higher sentences: Article 421-3.
Criminalisation of membership/participation in a terrorist organisation: Article 421-21; carrying a maximum sentence of two years: Article 421-5. Leading the group or act
of terrorism carries a 30-year sentence: Article 421-5. If the acts result in death or
destruction the maximum sentence is 30 years: Article 421-6. For participation and life
for leading: Article 421-6.
Criminalisation of financial support of terrorism: Article 421-2-2; carrying a sentence of
up to seven years: Article 421-5 and Article 421-2-3. Using financial means to incite others
to terrorism is criminalised; carries a maximum sentence of 10 years: Article 421-2-4.
Criminalisation of enticement of terrorism and/or publicly defending terrorism: Article
421-2-5; carrying a maximum sentence of seven years.
Criminalisation of material support for terrorism, including training and receiving training,
carries a 10-year sentence: Article 421-5.
Involving minors in terrorism in acts of terrorism: Article 421-2-4-1; carries as a maximum
sentence of 15 years.
Individuals suspected of terrorist-related offences can be detained pre-trial for up to
three years, compared to two years for non-terrorist offences: Article 706-24-3.
Individuals convicted for crimes classed as terrorist acts are sentenced to socio-judicial
follow up; Article 421-8.
Administrative measures
Deliberation on the amendment of FIJAIT
Fichier judiciaire des auteurs d’infractions terroristes (FIJAIT) is a national database of
returnees charged with or convicted terror-related offences. Their name added at the
discretion of judge or public prosecutor and is held in the database for 20 years.
Law strengthening internal security and the fight against terrorism
A person suspected of posing a particularly serious threat to security and public order
and who enters into regular contact with persons or organisations inciting, facilitating, or
participating in acts of terrorism or advocates for these acts can be subject to electronic
surveillance: Article L288-3; this can be imposed for a maximum of 12 months.
In the alternative to domestic restrictions on movement, electronic monitoring may be
imposed. This requires written consent from the suspect: Article L228-3.
A person suspected of posing a particularly serious threat to security and public order can
be obliged to report to the police daily and declare his residency: Article L228-2; domestic
travel restrictions and location bans can also be imposed: Article L288-2; These measures
cannot exceed 12 months.
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RIGHTS & SECURITY INTERNATIONAL
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