e24702_SN008
Translated from French
15
Penal Code, where they are committed through a digital communication medium, shall be
subject to the common law liability regime.
Article 431-64
In the event of a conviction for an offense committed through a digital communication
medium, the court may order, as additional penalties, a prohibition on sending digital
communication messages, a temporary or permanent prohibition on access to the site
used to commit the offense, the cutting of access to the site by all available technical
means or even a prohibition on hosting the site.
The court may order any person legally responsible for the site used to commit the
offense, or any person qualified to use the necessary technical means, to guarantee the
prohibition on accessing or hosting the site in question or the cutting of access to it.
The breach of prohibitions ordered by the court shall be punishable by a prison term of
six (6) months to three (3) years and a fine of 300,000 to 5,000,000 francs.
Article 431-65
In the event of conviction for an offense committed through a digital communication
medium, the court shall order, in addition, the publication through the same medium of
an extract of the decision at the convicted person's expense.
The publication referred to in the previous paragraph shall be carried out within 15 days
of the day on which the conviction becomes final.
A convicted person who does not publish or arrange for the publication of the extract
referred to above shall be punished with the penalties set out in the Penal Code.
If the convicted person does not publish or arrange for the publication of the extract
within fifteen (15) days of the conviction becoming final, the penalties provided for in the
present Article shall be doubled.
Article 2
Title XVI, "Proceedings relating to offenses committed by means of information and
communication technologies", consisting of Articles 677-34 to 677-42 set out below,
shall be inserted in book IV of the Code of Penal Procedure.
TITLE XVI: PROCEEDINGS RELATING TO OFFENSES COMMITTED BY
MEANS OF INFORMATION AND COMMUNICATION TECHNOLOGIES
CHAPTER I: STATUTE OF LIMITATIONS FOR OFFENSES COMMITTED
THROUGH DIGITAL NETWORKS
Article 677-34
The crimes, misdemeanors and infringements set out in book III, title I, chapter IV,
section IV, of the Penal Code, where they are committed through computer networks,