Criminal Code > TITLE III MILITARY CRIMES 3

CHAPTER III APPLICATION OF ARTICLES 284-337 TO THE POLICE

Article 340- Principle of Application.

The provisions of the two preceding Chapters (Art. 284-337) shall apply where any of the crimes specified therein has been committed by a member of the Police or against a member of the Police on active duty and where it does not come under any other special provisions of the law.

Article 341- Special Circumstances.

When applying to the Police the provisions relating to the military (Art. 284-337), the Court shall take into account the special duties and organization of the Police.

Article 342- The Application of the Provisions Regarding Public Servants on the Police.

(1) Apart from the cases mentioned hereinbefore which relate to crimes committed against the organization, duties and security of the Police the provisions of this Code relating to public servants shall apply to the members of the Police (arts. 402-426).

(2) Where the same act might come under the provisions of either this Title or Book IV, Title III of this Code, such as cases of infringement of service regulations (Art. 293 and 420), receipt of ill-gotten gains, malversation or maladministration (Arts. 306 and 307 or arts. 407-419), breaches or official secrecy (Art. 336 or, 396 and 397), the Court shall decide as to the appropriate provision to apply having regard to whether the crime is of a quasi-military nature or a crime relating to public servants.