Theft (France)

from Wikipedia, the free encyclopedia

In French criminal law , theft ( French: vol ) describes a property offense according to Art. 311-1 Code pénal . This defines the vol as follows

«Le vol est la soustraction frauduleuse de la chose d'autrui. »

"Theft is committed who fraudulently steals someone else's item."

- Art. 311-1 pénal code

The prerequisite is that possession is obtained in the civil law sense. It is thus possible - in contrast to German law, where mere custody is sufficient - that a détenteur still commits theft: In Germany this would be equivalent to embezzlement . Furthermore, the facts of the case are much broader than in Germany: According to Art. 311-2 it is equivalent to theft of the thing if electrical energy is fraudulently withdrawn. Theft is punished with up to three years emprisonnement (imprisonment) or 45,000 € amende (fine). The robbery does not exist as a separate offense, but is seen as qualified theft.

literature

  • Jean-Claude Soyer: Droit pénal et procédure pénale . 20th edition. LGDJ, Paris 2008, ISBN 978-2-275-03303-7 .

Web links