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Criminal Law L2 study sheets: legality principle, elements of an offence, classification of offences, criminal defences, attempt, complicity. Summaries with French Penal Code articles.
The legality principle (nullum crimen, nulla poena sine lege), formulated by Beccaria and enshrined in Art. 8 of the 1789 Declaration, is the foundation of French criminal law. Art. 111-3 of the Penal Code states that no one may be punished for an offence not defined by law (crimes and misdemeanours) or regulation (petty offences).
Key corollaries include strict interpretation of criminal statutes (Art. 111-4 CP), non-retroactivity of harsher laws (Art. 112-1 CP), and retroactivity in mitius (more lenient new laws apply immediately — Art. 112-1 al. 3).
Every offence requires three elements:
French law classifies offences by severity (Art. 111-1 CP):
Subjective defences relate to the offender: mental disorder abolishing discernment (Art. 122-1), duress (Art. 122-2), mistake of law (Art. 122-3), and minority (Art. 122-8).
Objective defences relate to the circumstances: self-defence (Art. 122-5 — proportionate response to an unjust, present, and real aggression), necessity (Art. 122-7), and legal authority (Art. 122-4).
Attempt (Art. 121-5 CP) requires a beginning of execution and involuntary withdrawal. It is always punishable for crimes, only where expressly stated for délits, and never for contraventions.
Complicity (Art. 121-7 CP) covers aiding, abetting, inciting, or providing instructions. The accomplice is punished as if they were the principal offender (Art. 121-6 CP).