Home > Legislation > Panel Of Laws > Act 1.318 of 29 June 2006 on terrorism
Act 1.318 of 29 June 2006 on terrorism



WE, ALBERT II
BY THE GRACE OF GOD
SOVEREIGN PRINCE OF MONACO



Have given and give Our assent to the Act set forth below, adopted by the National Council at its session on 19 June 2006.
Article 1

Book III, Title III of the Penal Code entitled Terrestrial Vehicle Traffic Offences becomes Title IV of the said Book. Articles 391-1 and 391-2 of the Penal Code are renumbered 391-13 and 391-14 respectively.

The mention of Article 391-1 made at the sixth paragraph of Article 391-14 is replaced by mention of Article 391-13.

Article 2

Book III, Title III of the Penal Code is entitled On Terrorism. It is worded as follows:
 
Title III
On Terrorism

Article 391-1. – The following offences constitute terrorist acts when they are committed intentionally in connection with an individual or collective enterprise directed against the Principality of Monaco or any other State or against an international organisation and, through intimidation or terror, are intended either to threaten, damage or destroy their political, economic or social structures or to seriously disturb public order:

1. attacks on the internal security of the State, referred to at Articles 55, 57 and 61;

2. felonies liable to disturb the State, referred to at Articles 65, 66, 68 and 69;

3. felonies and misdemeanours against public order relating to:

  • unlawful assemblies and rebellions, referred to at Articles 145, 146, 152 to 155 and 161;
  • violence towards persons entitled to exercise public authority and members of the police and of law enforcement agencies, referred to at Articles 166 and 167;
  • impairment of the safety of rail traffic, referred to at Articles 191 to 193;
  • destruction of or damage to telephone and telegraph lines and telecommunications, referred to at Articles 198 to 200, and assault on the persons referred to at Article 201;
  • criminal conspiracy, referred to at Articles 209 to 211;
  • laundering of the proceeds of an offence, referred to at Articles 218 to 218-3;
  • stock market offences referred to at Article 26-1 of Act 1.194 of 9 July 1997 relating to portfolio management and similar stock market activities.

4. felonies and misdemeanours against persons and property relating to:
  • intentional homicide, referred to at Articles 220 to 223 and 226 to 228;
  • threats, referred to at Articles 230 to 232;
  • intentional assault, referred to at Articles 236 to 238 and 240 to 249;
  • sexual offences, referred to at Articles 261 to 263, 265 and 266;
  • illegal arrest and confinement, referred to at Articles 275 to 278.

5. felonies and misdemeanours against property concerning:
  • theft, referred to at Articles 309 to 319 and 325;
  • extortion and blackmail, referred to Article 323;
  • handling stolen goods, referred to Articles 339 and 340;
  • fire, destruction, deterioration and damage, referred to at Articles 369 to 377, 380 to 382, 385, 386 and 389.


Article 391-2. – The penalties incurred for terrorist acts as defined at Article 391-1 are those provided for the offences referred to at figures 1 to 5 of the said article, increased as follows:

1. if the offence is punishable by imprisonment for ten to twenty years, the penalty shall be imprisonment for life;

2. if the offence is punishable by imprisonment for five to ten years, the penalty shall be imprisonment for ten to twenty years;

3. if the offence is punishable by imprisonment for less than five years, the maximum sentence of imprisonment shall be doubled and any fine may be multiplied by five.


Article 391-3. – The offences set forth in Act 913 of 18 June 1971 on arms and ammunition and the offences set forth in international conventions enforceable in the Principality of Monaco relating to rules on explosives, materiel, weapons and munitions shall constitute terrorist acts when they are perpetrated under the conditions set forth at Article 391-1.

The perpetrators of such terrorist acts shall be liable to imprisonment for ten to twenty years and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.


Article 391-4. – The fact of knowingly introducing or releasing into the atmosphere, the soil, the sub-soil or the water, including territorial waters, any substance or product that may endanger human or animal health or the safety of the natural environment shall constitute a terrorist act if perpetrated under the conditions set forth at Article 391-1.

The perpetrators of such terrorist acts shall be liable to imprisonment for ten to twenty years and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.

If such acts cause the death of one or more persons, the perpetrators shall be liable to imprisonment for life and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.


Article 391-5. – Subjecting a person to torture or barbarous acts shall constitute a terrorist act if perpetrated under the conditions set forth at Article 391-1.

The perpetrators of such acts shall be liable to imprisonment for life and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.


Article 391-6. – Providing the perpetrator or accomplice of a terrorist act as defined at Articles 391-1 to 391-8 with accommodation, a place of refuge, subsidy, means of existence or any other means of escaping detection or arrest shall constitute a terrorist act if perpetrated under the conditions set forth at Article 391-1.

The perpetrators of terrorist acts as defined in the preceding paragraph shall be liable to imprisonment for five to ten years and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.

Proceedings may not be initiated against the following:

1. lineal parents and their spouses and siblings and their spouses of the perpetrator or accomplice of a terrorist act;

2. the spouse of the perpetrator or accomplice of a terrorist act.

Participating in a group or a conspiracy formed with a view to the preparation, characterised by one or more acts, of a terrorist act as defined in the preceding articles shall also constitute a terrorist act.

The perpetrators of terrorist acts as defined in the preceding paragraph shall be liable to imprisonment for ten to twenty years and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.


Article 391-7. – The offences set forth in Sovereign Order 15.320 of 8 April 2002 on the suppression of the financing of terrorism constitute terrorist acts.

The perpetrators of such acts shall be liable to imprisonment for five to ten years and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.


Article 391-8. – The offences set forth in Sovereign Order 15.655 of 7 February 2003 implementing various international treaties relating to the fight against terrorism shall constitute terrorist acts when perpetrated under the conditions set forth at Article 391-1.

The perpetrators of such acts shall be liable to imprisonment for life and the fine set forth at Article 26-4, the maximum amount of which may be multiplied by five.

Article 391-9. – Any legal entity, excluding the State of Monaco, the Commune of Monaco or Monacan public establishments, shall incur criminal liability for terrorist offences as defined at Articles 391-1 to 391-8 perpetrated on its behalf by one of its representatives or organs, without prejudice to the criminal liability of the natural persons who perpetrate such offences.

The penalty incurred by a legal entity on account of such offences shall be five times the fine applicable to natural persons.

In addition, the Minister of State may order the withdrawal of any administrative authorisation granted previously.

Article 391-10. – Natural persons or legal entities found guilty of terrorist acts shall also incur the additional penalty of confiscation of all or some of their assets, of whatever sort, movable or real, separately or jointly owned.

Article 391-11. Any person who has attempted to commit a terrorist act shall be exempted from penalty if, having warned the administrative or judicial authorities, he or she has made it possible to forestall perpetration of the offence and to identify the other culprits, if any.

Article 391-12. A penalty of imprisonment incurred by the perpetrator or accomplice of a terrorist act shall be halved if the person concerned, having warned the administrative or judicial authorities, has made it possible to stop the criminal activities or to forestall death or permanent disability as a result of the offence and to identify the other culprits, if any.

When the penalty is imprisonment for life, it shall be reduced to imprisonment for twenty years.


Article 3

The victims of terrorist acts perpetrated on the territory of the Principality or their assigns and persons of Monacan nationality who are victims of such acts in other countries shall be compensated by the State.

The State is subrogated in the victim's rights against the person responsible for the damage.

This Act is promulgated and shall be enforced as a law of the State.

Done in Our Palace at Monaco on the twenty-ninth of June two thousand and six.


ALBERT.

By the Prince,
The Secretary of State:
R. NOVELLA



Last updated: August 7, 2007 (09:45) Copyright © 2017 Service Informatique du Ministère d'Etat www.gouv.mc