Penal Code - France

Code pénal of 1993

Section III of Chapter II, Title II of Book II deals with sexual abuse. Article 222-33 punishes sexual harassment by one year of imprisonment and a fine of French francs 100'000. Sexual harassment is defined as the fact of harassing someone by using orders, threats, constraints or serious pressure, with the aim of obtaining favours of a sexual nature, by a person abusing his/her functional authority.

Section I of Chapter V, Title II of Book II deals with discrimination. Article 225-1 defines discrimination as any difference in the treatment by natural persons or legal entities based, inter alia, on sex or family status. When the discrimination consists of refusing to hire a person, in punishing or dismissing a person, or making a job advertisement, it is punished by two years of imprisonment and a fine of French francs 200,000 (article 225-2). However, these provisions do not apply to discrimination based on sex in hiring when the sex constitutes a determining factor for the exercise of the occupation in question (article 225-3).

According to article 225-19, if a natural person is declared responsible for a breach defined in article 225-2, complementary penalties are applicable:

• non-eligibility and impossibility of exercising a judicial function;
• representing or assisting someone in legal proceedings for a maximum of 5 years;
• the posting or diffusion of the judgement against them;
• the definitive (or for a maximum of 5 years) closing of the establishment(s) belonging to the person condemned;
• the definitive (or for a maximum of 5 years) exclusion from public markets.

The penalty is heavier when the violation has been committed by an agent with public authority or in the public service. When the violation consists of refusing an advantage of a right granted by the law, or in impeding the normal exercise of any economic activity, the penalty is 3 years of imprisonment and a fine of French francs 300,000 (article 432-7). Article 432-17 adds other complementary penalties for public service agents.

According to article 225-4, if a legal entity is declared responsible for a breach defined in article 225-2, the penalty may be the following:

• a fine of French francs 1'000'000;
• the prohibition to exercise definitely or during a maximum of 5 years, directly or indirectly, one or several occupational or social activities;
• the placement, for a maximum of 5 years, under judicial scrutiny;
• the definitive (or for a maximum of 5 years) closing of the establishment(s) where the violation has been committed;
• the definitive (or for a maximum of 5 years) exclusion from public markets;
• the confiscation of the thing that served, or was intended to serve, to perpetrate the violation, or of the thing which is the product of the violation; or
• the posting or the diffusion of the judgement.