Cybercrime in France: An Overview
Date: December 07, 2005Source: Computer Crime Research Center
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Five years’ imprisonment and a fine of € 300,000.
Article 226-18
The collection of data by fraudulent, unfair or unlawful means, or the processing of name-bearing information relating to a natural person despite this person’s opposition, where this objection is based on legitimate grounds
Five years’ imprisonment and a fine of € 300,000.
Article 226-19
Apart from the cases set out by law, the recording or preserving in a computerised memory, without the express agreement of the persons concerned, of name-bearing data which, directly or indirectly reveals the racial origins, political, philosophical or religious opinions, trade union affiliations or the sexual morals of the subjects
Five years’ imprisonment and a fine of € 300,000
Article 226-20
The preserving of information in a name-bearing form beyond the length of time stated in the request for advice or in the preliminary statement made before the implementation of the computerised processing, without the agreement of the National Commission for Data-processing and Civil Liberties
Subject to the same penalties
Endargenment of Minors
Article 227-23
Taking, recording or transmitting the picture or representation of a minor with a view to circulating it, where that image or representation has a pornographic character
Three years’ imprisonment and a fine of € 45,000. The same penalty applies to the distribution of such a picture or representation, and its import or export, or causing it to be imported or exported.
The penalties increased to five years' imprisonment and a fine of € 75,000 where, for the circulation of the image or representation of a minor, use was made of a communication network open for the circulation of messages to an unrestricted public.
Retaining such an image or representation is punished by two years' imprisonment and a fine of € 30,000.
Article 227-24
The manufacture, transport, distribution by whatever means and however supported, of a message bearing a pornographic or violent character or a character seriously violating human dignity, or the trafficking in such a message
Is punished by three years’ imprisonment and a fine of € 75,000, where the message may be seen or perceived by a minor.
Article 434-15-2
Illegal use of a cryptation key
A penalty of three years’ imprisonment and a fine of € 45,000
Article 434-23
Assuming the name of another person in circumstances that lead or could have led to the initiation of a criminal prosecution against such a person
Punished by five years’ imprisonment and a fine of € 75,000.
Resale Royalty Right
Articles L. 335-1 &L. 335-3
Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part contrary to the laws and regulations relating to the property of authors
Three years’ imprisonment and a fine of € 300,000.
Offences credit cards
LSQ 15 XI 2001 Art. 35 – 39 &40
Seven years’ imprisonment
Interception
Art. 706-95
Authorised by the judge for a duration of 15 days.
Gambling
Art. 1er-L 12VII 1983 mod.1 Perbn II
Three years’ imprisonment and a fine of € 45,000.
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