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Act of Law Nr 1.349 dated June 25th 2008 amending Book One of the Rules of Criminal Law



Have signified and signify assent to the Act of law passed by the National Council during its session held on April 28th, 2008, which reads as follows :


Book One, "Preliminary provisions" of the Rules of Criminal Law is supplemented with Articles 4-1 to 4-4, reading as follows:

"Article 4-1: No one is criminally liable except for his own conduct.

Article 4-2: There is no felony or misdemeanour in the absence of an intent to commit it, apart from cases where law provides that there is felony or misdemeanour for recklessness, negligence, or failure to observe an obligation of due care or safety.

There is no offence or petty offence in the event of force majeure.

Article 4-3: The perpetrator of an offence is the person who:

1) commits the criminally prohibited act;

2) attempts to commit it under the conditions set forth in Articles 2 and 3.

Article 4-4: Legal persons, with the exception of the State, the city and public organizations, are criminally liable as perpetrators or accomplices, according to the distinctions set out in Articles 29-1 to 29-6, for any crime, offence, or misdemeanour committed on their account by one of their bodies or representatives.

Criminal proceedings are initiated against the legal person acting by its legal representative.

The criminal liability of legal persons does not exclude that of the natural persons who are perpetrators or accomplices to the same act and who represented the legal person at the time of the occurrence. In such case, where there are contradictory interests, these natural persons can file a petition to the Presiding Judge of the Court of First Instance to appoint an ad hoc agent to represent the legal person."

ART. 2.

After Chapter III Title One Book One of the Rules of Criminal Law, is inserted a Chapter III bis called “On penalties for felonies, misdemeanours and petty offences applicable to legal persons ", which include Articles 29-1 to 29-8 that read as follows :

"Article 29-1 : Penalties incurred by legal persons for the commission of felonies and misdemeanours are the following :

1) a fine, as set out in Article 29-2 ;

2) penalties, or one or more penalties, set out in Articles 29-3 and 29-4.

Article 29-2: Fines applicable to legal persons shall be as follows:

- for the commission of felonies, the one set out in figure 4 of Article 26, the maximum of which may be increased tenfold;

- for the commission of misdemeanours, the one set out for the corresponding offence against natural persons, the maximum of which may be increased fivefold.

Article 29-3: The Court to which the case was referred may order the dissolution of the legal person:

- where the legal person was created to commit the criminally prohibited act ;

- where it was diverted from its objects in order to commit It, provided it is a penalty for felony, or , if it is a penalty for misdemeanour, provided it is one which carries a sentence of imprisonment of three years or more.

Article 29-4 : Other penalties incurred by legal persons are as follows :

1) prohibition to exercise, directly or indirectly, one or more social or professional activities, within which or in relation to which an offence was committed, either permanently or for a maximum period of five years;

2) placement under judicial supervision for a maximum period of five years;

3) permanent closure or closure for up to five years of the establishment, or one or more of the establishments, of the enterprise that was used to commit the offences in question;

4) disqualification from public tenders, either permanently or for a maximum period of five years;

5) prohibition, either permanently or for a maximum period of five years, to make a public appeal for funds;

6) prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use credit cards, for a maximum period of five years;

7) confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it;

8) the public display of the sentence for a maximum period of three months or its dissemination by any type of medium for the same period of time.

One or several penalties set out in figures 4 to 8 may be ordered concurrently with one of the penalties set out in figures 1 to 3.

Article 29-5: Penalties set out in Article 29-3 and in figures 1 to 6 of Article 29-4 do not apply to political associations or groupings, or to professional corporations and trade unions, or to medical prevention or public welfare agencies.

Article 29-6: Penalties incurred for petty offences by legal persons are as follows:

1) the fine set out in figure 3 of Article 29, the maximum of which may be increased tenfold;

2) penalties or either penalties set out in figures 2 and 8 of Article 29-4.

Article 29-7: The decision ordering the dissolution of a legal person entails its referral to the court competent for its liquidation. The Court of First Instance, referred to upon the request of the Public Prosecutor, shall forthwith appoint a liquidator.

Article 29-8: The decision to place a legal person under judicial supervision such as provided in figure 2 of Article 29-4, entails the appointment of a judicial officer whose remit is determined by the court. This remit may be extended upon a reasoned request from the judicial officer.

At least once every six months, the judicial officer shall report to the penalties enforcement judge on the fulfilment of his remit.

Upon examining this report, the penalties enforcement judge may refer the matter to the court that ordered judicial supervision. The court may then either impose a new penalty, or release the legal person from judicial supervision.”

ART. 3.

Is inserted in Chapter One Title III Book III of the Rules of Criminal Law an Article 392-1, which reads as follows

"Article 392-1: Fine penalties for legal persons who are found guilty but to whom mitigating circumstances are granted, may be reduced without being lower than the following minimum:

- for felonies, the minimum set out in figure 2 of Article 26;

- for misdemeanours, the minimum set out in figure 1 of Article 26;

- for petty offences, the minimum set out in figure 1 of Article 29.

Provisions of this Article shall apply to all penalties established by separate acts passed for felonies and misdemeanours".

ART. 4.

Article 392-1 of the Rules of Criminal Law becomes Article 392-2. Its provisions remain unchanged.

ART. 5.

Are repealed Articles 83-6 and 83-7 of the Rules of Criminal Law as well as all provisions that inconsistent with this Act of Law.

This Act of Law is hereby enacted and shall be enforced as an Act of Law of the State.

Done in Our Palace in Monaco, on June twenty fifth two thousand and eight.

By the Prince,
The Secretary of State:
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