Criminal Code > PART III 2

CHAPTER II LIABILITY TO PUNISHMENT

Article 740- Punishable Acts and Persons.

(1) In the matter of petty offences preparatory acts and attempts shall not be punishable.

(2) Likewise, incitement, complicity and being accessory after the fact are not liable to punishment. The petty offender (Art. 32) shall alone be punishable.

(3) In the matter of petty offences a juridical person is not punishable for incitement or complicity, it is punishable only when its official or employee violates laws, regulations or directives as a petty offender in accordance with Article 32 of this Code.

(4) The provisions relating to petty offences shall apply also to young persons within the meaning of the Criminal Code (Arts. 52-55).

(5) The relevant provisions of the Criminal Code relating to crimes committed through mass media (Arts. 42-47) are applicable to petty offences.

Article 741- Conditions for Liability to Punishment.

(1) The provisions of the Criminal Code concerning criminal responsibility and irresponsibility (Arts. 48-50) shall apply to petty offences.

(2) Any person shall be punishable whether he contravened the law intentionally or negligently (Arts. 57 – 59) save in cases where the law expressly exempts from liability to punishment in respect of an act committed by negligence.

(3) Responsibility and liability to punishment for petty offences shall always be individual (Arts. 41 and 88).

Article 742- Measures for Purposes of Clarification.

Measures for the taking of expert advice and the carrying out of enquiries provided in respect to ordinary crimes (Arts. 51 and 54) shall be ordered only if questions as to the petty offender’s responsibility cannot otherwise be decided by the Court.

Article 743- Justification and Excuses.

(1) The provisions governing lawful acts (Art. 68), the performance of a legal, official or professional duty (Art. 69), consent of the victim (Art. 70), absolute coercion (Art. 71), necessity (Art. 75) and self-defence (Art. 78), shall apply to petty offences.

In cases of resistible coercion or excess of necessity or self-defence the petty offender shall be punishable but the Court shall reduce the penalty within the limits authorized by law (Art. 766).

(2) In the case of a hierarchical order the subordinate shall not be punishable if he obeyed a person of higher rank acting within his authority and did not exceed the order received. The person who gave the order shall be fully responsible therefor (Art. 73).

The subordinate shall be responsible for any conscious and intentional excess in the performance of the order received.

Article 744- Mistake.

(1) He who committed a petty offence may not plead as justification ignorance of the law or a mistake as to right (Art. 81).

(2) If he acted under a proven mistake of fact which excluded knowledge or intention to commit an offence he shall not be liable to punishment (Art. 80).

Article 745- Extenuating and Aggravating Circumstances.

(1) Where a person guilty of a petty offence acted in extenuating circumstances as provided by the Criminal Code (Art. 82 and 83), the Court may take such circumstances into account by reducing the penalty or altering its nature as provided hereafter (Art. 766).

(2) Where the petty offender acted in aggravating circumstances as provided by the Criminal Code (Arts. 84 and 85) the Court shall increase the penalty as provided hereafter (Art. 767-770).

(3) Where there exists a combination of extenuating and aggravating circumstances, the Court shall have due regard to both in determining the penalty (Art. 189).