International Journal of Economy, Management and Social Sciences, 3(2) February 2014, Pages: 169-173

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International Journal of Economy, Management and Social Sciences

ISSN
2306-7276

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Study of Peoples Logical Punishment in French Law

Mehdi Hariri *1, Narges Shakarbeigi 2
1
2

Department ofLlaw payam Noor university, Iran.

PhD student, Department of Quran and Hadith Sciences, Ilam University, Iran.

AR TIC LE INF O

AB STR AC T

Keywords:

The responsibility of punishment is the border of crime and punishment. It is ones duty, necessity
and option in the conclusion of punishment. The responsibility of punishment among legislators is
subjective in French law. Regarding articles 2-121 of new, French crime law, legislative people
(other than those of government) are responsible for peoples crimes, then they are not deprived.
The new, crime law of criminology instruction originate from novice neoclassism, social, novice
movement, their effects are visible in criminology. Furthermore, the organ of punishment crime
tries to save those who have hurt especially in mortal events. Meanwhile, the principle of common
sense is against the legislative reference which is visible in the peoples punishment.

logical persons
the identity of logical personality
punishment duty
the region of punishment
legislative peoples punishment duty
general law
the guarantee of operation

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Introduction
The punishment of legislative people are not definite to the specific society, because it plays an important role in logical people,
economical, commercial, industrial and productive reigons. Nowadays, it is introduced in the different countries, because the productive
organs such as factories pollute the environment, then they may endanger people by avoiding or rejecting the rules, the security principles,
in the factories or buildings.
The commercial companies spoil people in economical reigon, the abusing of logical people, in the different ways such as cheating,
fauding, treachery, failure, rejection of tax rules, completion rules, to reject owners benefits ingaing general incomes.
Government and general organs, depending faculties, counsils, political, cultural and social commusions face peoples rights, properties,
hence the punishment of legislative people is very important. Such duty relates to logical people such as government which was considered
in twenty century, it was also approved in some countries such as Germany. 1
Such duty is in Hamorabis2 rules which was formalized in Islam crime, because logical rules of article 255 of Islamic rules of punishment
shows if somebody has been killed in the crowd of people, if murder was not recognized, government will return it.
Before revolution of 1789 in France, the legislative people of towns, societies and groups were responsible for their wrong-doing according
to article 1670 branch 21, and king assigned the punishments including: fee, destruction of town walls3 or absolutely destruction. 4
After revolution, some people avoided to concern such criminal legislative people until nineteen century while it has been considered in the
civil law.
There were some legislators who did not consider to chase the legislators crimes in eighteen century, therefore they were just responsible
in the civil law, but there were some punishments in the office law.5

First Discussion: Legislative person

"He is responsible in his office to do it either directly or indirectly, therefore, as law idiom, he has right, he is responsible to do the right
which is logical, therefore he is called La personnalite jurridique.6
He personalized some properties in the specific goals and law separately, such as government, town, university, commercial companies,
commusions and endowed properties.7
Picard8 researched on the punishment of legislative people as general law in his essay, says: It is a fact that legislative person is authorized
with special will, he has some duties and rights.

. Ashoori, Dr. Mohammad, Payment of punishment in some of damage by government article 1976, 11 federal Germany, journal of political science, n. 20, 1356, p 28-33.
. Ashoori, Dr. Mohammad, Punishment fair in Hamoorabi, Punishment fair in Hamoorabis view comparative law faculty, Tehran university press, n. 7. 1359.
. Stefani (Gaston), Levasseur (Georges), Bouloc (Bernard), prcis de Droit penal general, 20 ed. Dalloz 2008 p. 246.
4
. Desportes (Frdric), Le Gunehec (Francois), le nouveau droit pnal, tome 1.1995 p. 418.
5
. Desportes (F), Le Gunehec (F) op. cit, p. 418.
6
. Imamin, Dr, Said Hassan, civil law, fourth vol. fifth ed. Islamieh press, 1354, p. 150.
7
. Motmmani, Tabatabaee, Dr Manoochehr, office law, vol. 2. 1373, Samt press, p. 34.
8
. Picard Etinne, Revue des societies, extrait N 1993. PARIS P. 261.
2
3

* Corresponding author.
Email address: mehdi.hariri@yahoo.com

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Int ernational Journal of Economy, Mana ge ment and Soci al Sci ences , 3(2) February 2014

the legislative people are social fact with common and separate will for people, they can be responsible for their rights.9
Another legislative person believes him as a creature who is up for organ, he has some rights and duties wither he gains general benefits or
serves in the public. 10 All of a persons properties are formed to gain the specific goal, they are deserved to have an independent duties.

Second Discussion: Identity of legislative person

There are many ideas about him among which the actual, hypothesis idea are the oldest.
a) The hypothesis of actual legislative person
it rejects virtual existence of legislative person who does not believe in law, instead he should be independent from others. "He is
independent creature with separate identity from others".11 He has some benefits separately from whole members, he may be on the
contrary.
B) The virtual, Legislative person
Actual persons are only responsible in logical issues, because rights and marginal duties are based on will which is inavoidable duty of
human being. 12 Then a logical person is virtually responsible, such authority simplified the issues 13, for example if law personalizes a
group, society, company, it is able to document it, therefore, logical persons are imaginative who legislator authorizes them by his will.
One of French authors says, if a hypothesis was logical, the logical people would be willful, especially while they become responsible by a
contract, but we cannot accept their morality. It is clear that we expect humans other than legislative fellows, because they are based on
hypothesis, it means they are composed on rules14, hence logical people are based on hypothesis.

Third Discussion: Punishment Duty

Deserving to bear results of any event which has been done voluntary and committed principles are all crime.15 The responsibility and
necessity by which a criminal is responsible for.

Fourth Discussion: The Punishment Reigon

It can be inferred from article 2-121 that logical people can be chased logically by general or fault crimes, such people may accompany in
crime in order to motivate encourage others, Finally regarding the predicted principles, the legislative people may be called criminal in the
condition. 16
Article 2-121 defined the legislative people generally other than their punishment or their duties. It includes general or private people in
law, government is also responsible for public benefit, so it is responsible for chasing criminal, then it is devoid of criminal
responsibilities.17 It is article 2-121 of public institutes are responsible for general services to have some agents.18 they are abandoned from
exceptions such as other legislative persons, but legislative people and private law are devoid of economical, and abusing aspects either
they are not governmental as the public, multi-share products, all and all are logically responsible.
Such principle means all legislative people are responsible about law other than government, because considering law is necessary for all
people commonly. Nowadays, the public tendency shows that there is no difference between actual and legislative people.
In fact, a legislative person resembles to actual one, because all people who are socially responsible should follow the criminal law, It helps
judge to recognize the people who are responsible for, because he does not need to find the examples in the economical actions. 19
A legislative person is responsible only in the matter that law has expressed logically. If some deed was called crime, law would express it,
if a action was wrong, it should be mentioned in the principles.20 In fact, legislator it should be a hypothesis as a fact in order to choose a
concept in the form of law.21
There are two process in the criminal duties which are very important.
A) The criminal responsibility of legislative people, private law
B) The criminal responsibility of legislative people, public law

. Stfani (G) Bouloc (B) prcis de droit penal, Dalloz. Edition 20, 2008, p. 240.
. Kanner. M. le droit simple et complet. Quatrime dition, Paris, 1962, p. 102.
. Safarian, Dr. Mohammad Javad, Legislative personality, Dana press, p. 99.
12
. Pradel (Jean) Droit pnal gnral, 12 dition, Cujas, 1999, p. 502.
13
. Safarian, Dr. Mohammad Javad, Ibid, p. 13,14. Shayegan, civil law, p. 265.
14
. Picard (E) O. P cit. p. 265.
15
. Feiz, AliReza, Comparative in Islamic, punishing law, first vol. Ershad press, 1364, p. 232.
16
. Stfani, Levasseur, Bouloc o. p cit. p 280.
17
. Dr Najafi Abrand Abadi, international punishment duties, journal of logical research, n. 15, 73-74.
18
. Dlgation
19
. Cuyon yven, Quelles sont les personnes morales de droit priv susceplibles d'en courir une responsabilit pnale? Rev. des societies extrait du N 2, 1993 paris p. 235.
20
. Bouloc (Bernard), le domaine de la Responsabilit pnale des personnes morales. Rev. des societies, du N 2 extrait 1993 p. 291.
21
. Desports (E) Le Gunehes (F) op. cit p 573.
10
11

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Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(2) February 2014

A) The punishment f legislative people, private law

The people of private law is classified into two groups. The first group are those whose issues are economical to gain benefits, such as
commercial, industrial, productive companies, the second group do not follow the economical goals, instead they are to find cultural,
political, social goals such as political groups in the industrial units, faculty of personnel who are responsible for their punishment. It means
commusions which were mentioned in the default, 1978, 1983 of criminal law.22
1- logically, the dependent companies do independantantly, but such independence is not aligned with economical, financial independence.
The decision of mother companies are accepted easily, because they are tools for branches and common benefits. If the branch that is
covered by a group commits a crime, it should bear the punishment according to article 121-2. While the crime was caused by mother
company by some means, the punishment is not justified fairly, because if the dependent company was punished, and the mother company
was left sinless, the principle of equality of people would be hurt, because the dependent company has been a tool.23 Then if a crime is done
in a company, the mother company is responsible. 24
B) Punishment of legislative persons, public law
According to article 121-22 of new law, all of legislative persons in public law are responsible for their crime minus government, it is
difficult to imagine that government which is exclusively responsible for punishing punishes itself. In the principle of general domination,
government is devoid of it.
Such inference is not strong, because the general power and the domination of government do not make the obstacles in the civil duties,
which were defined in the courts of justice.25
The civil duty of general law of legislative people who were able collectively has existed before, it was also formalized in the general
power (government). At the end of nineteen century, there was a simple hypothesis about legislative people in order to show their general
power and to return the damages that they have been the causes. The civil responsibility of general power, damage, errors and the effects
are imposed to all members of a society.26
Nowadays, the spirit of fair-wish, whishes the punishment and commissions for public, private people logically. Such spirit is result of
civilized development of thought in the society. Whereas new article 12-2 shows that everybody is responsible for his deed, and nobody
punishes for other, but article 12-2 of legislative persons has defined the punishment in details in articles 121-4 to 121-7 logically other
than government. Every agent, public institutes are responsible for their crimes in the public services.

Fifth Discussion: The Guarantee of punishment for legislative persons

Whereas the organ of punishing legislative persons was a new phenomena in French law, it was the last, European country after Britain,
Germany and Poland that accepted the punishment of legislative people. The necessity of punishment is the reaction of society which is
guarantee.
It is necessary to say that guarantee of punishing the legislative persons was one of the crucial discussions in punishing the legislative
people.27 The legislator has classified these rules in two groups: first is the criminal punishment, the other is the punishment which is based
on error, criminal faults which were not differentiated.28
The browse of all of predicted guarantees show that first, they are various, the second, the goals of punishment resembling to reforming the
crime terrifies people. Some of authors believe that legislators was inspired by neoclassism in assigning guarantee and they have expressed
their causes to approve their hypothesis, for example, article 139-39 of new punishment of law predicts firing the legislative, criminal one.
It resembles to hanging for legislative which is predicted for actual people or other punishment such as abandoning punishment, to make an
institute off, to gather an of their saved money in order to terrify them.29
The guarantee of punishing a legislative person includes: financial guarantee (financial penalty- specific confistication), rightful sanction(to
abandon a person from his social, technical deeds).
A) Financial Penalty
Fine or financial penalty means the necessity of paying money to the government as punishment, the identity differentiates from criminals
payment as damage, punishing penalty or financial, civil penalty are all different. Financial penalty is a guarantee which is imposed by
avoiding tax principles such as tax cheating, financial penalty or punishment penalty. 30
The punishment penalty of legislative persons are either main or complementary, but the financial punishment is main for legislative
people, but it is five times more than actual peoples crime.
Article 131-137 of new, punishment law of first branch predicts the financial punishment as the main punishment. The financial
punishment is based on money, because it is directly imposed to peoples property, it decrease peoples personal investment, and to
increase the government ability, but its effect is less than confistication punishment, because it ends legislative, vitality of a person. 31
22

. Desportes, Le Gunehec: op. cit. p. 575.

. Pariente Maggy, les groupes des societies et la responsabilit pnale des personnes morales, Rev. des societies extrait du N 2. 1993. P. 248.
. Desportes, Le Gunehes. op. cit. p. 429.
25
. Desportes, Le Gunehec. op. cit. p. 42.5.
26
. Picard Etinne, Responsabilit pnale des personnes Morales de Droit public Fondement et Champ d, Application Rev. des Socits, extrait du N. 2. 1993.
La Responsabilit pnale des personnes morales. Pp. 261. 262.
27
. The law of Plond, 1976, the punishment was accepted and it was also accepted in Canada: M. A. thesis of Mohammad Hassan Hassani, shahid Beheshti faults, 74, p. 95.
28
. MarChand M. phillipee, Deput, Rapport, Document Mis en Distribution le 3 octobre 1989, tome 1. pp. 26, 27.
29
. Bouloc Bernard, Gnralits sur les Sanctions Applicables aux Personnes Morales op. cit. p. 328. Et droit penal general Dalloze, paris, 1994.
30
. Levasseur, Chavanne (Albert), Montreuil (Jean), Cour Elmentaire de Droit Pnal et Procedure Pnalel l ed. Sirery. 1994. p. 286.
23
24

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The judge of court can rule on the financial punishment according to predicted punishment of article 131-139 of new, punishment law.
Therefore, the judge can rule on the legislative persons crimes, but he is not responsible in the fault.32
B) Specific confistication
The organ of specific confistication relates to the goods of crime issue such as documents, cheating goods, unauthorized weapons, cheated
coins and all things which are specified to the crime such as weapons or wehides, but things that were not possessed and they were not used
again such as drugs are not possessed, but all of other possessions are confisticated. 33 The confisticated things are possessed by
government, but they will be negative properties and damages of a company, and they won't decrease the tax of legislative people,
therefore, the punishment of legislative people have double effect, because it has financial damage and counting the tax of company won't
be negative.34
C) Dissolution
The conditions of dissolution or the court document is classified into two groups. 35
1- The legislative people who commit crime basically, in fact they smuggling drugs.
2- The founders of legislative person who intends to make him based on committing the crimes, abuse them, and the punishment of
dissolution is enough for them.
The following goals of legislative person won't abandon the punishment of legislative persons dissolution, but the question is that if a
legislative person was made by specific, logical goals, if goals change, can court use dissolution punishment, the principle of interpreting
law for criminal suggests not to do it.
D) Abandonment of social, technical activities
This punishment was formalized in the previous principles of punishment for actual people, it supervises the political, civil actions, in other
words, the person was abandoned from act Juridique, it was a prediction, but in the new law of punishment was predicted both for actual
and legislative persons, 36 their actions are not so simple, it cannot be trusted that wining party considers it, because the experience of failed
people or the actions that makes any technique healthy, should not be considered.37

Conclusions
The identity of legislative person has always been different among legislators, some of them were influenced by collectivism is a social fact
for legislative people, therefore it is actual and objective. His personality was independent from every member, he has collective
consciousness. Others believe that legislative persons are authorized, virtual, they were created by virtual law or legislators authority, and
the acceptance of such hypothesis is external, legislative person.
Article 121-2 of new, punishment law of legislative persons (other than government) makes people responsible for agents, the punishment
of legislative persons does not abandon the actual people to accompany others and the general faculties are responsible for public services.
The punishment of legislative people are based on duty and accepting responsibility which is actually different will collective duty, because
the legislative people and actual people share in the crime and punishment, while in the collective responsibility, a group is responsible
devoid of interfering.
The legislative people can be chased by articles 121-2 civil law for their intentional and unintentional crimes. The conditions of
responsibilities include; a deed has done by legislative people. It means it is for legislative peoples benefits. Regarding the development of
legislative persons who are social, modern powers, most of legal organs make these persons responsible for their deviations, treacherous
competition, violating commercial taxes, fauding, robbery, treachery of trust, usury, unintentional murdering, in order to save the benefits
of society, to support them for financial punishment, supportive deeds, and punishment such as dissolution, fine, indemnity, seizure of
property, off institutes, abandoning of employment in a specific job, confistication of authority, the actions against law limit them, then
they should be punished.
1- the strong points of new organ try to save the law of offence against hurts that relate legislative people such as dangerous accidents,
pollution, or serious destruction including accident of France train rails, the accidents of security and hygiene of job. By accepting the
punishment of the legislative people, the rights of offended people were supported financially.
2- Law is a science with specific principles which were based on the governmental principles, or at least they are comparable with there, or
they are expressively against them.
One of the main logical principles of French law (like all of logical countries) is the principle of equality in the justice, the acceptance of
peoples legislative duties fill the gap between such people and unequality and it adds the legislative people to followers of criminal laws.

31

. Boizard Martine, Amende, Confiscation, Afficage ou Communication de la Decision, Rev. des Socits Extrait du N 2. 1993. p. 331.
. Larguoer (J), Droit penal Gnral, 15 ed. Dalloz paris, memento 1995. p.89.
. Boizard op. cit. p. 337, et pradel op. cit. p. 286.
34
. Chavanne, Momtreuil. Op. cit. p. 281.
35
. Such as crimes against humanity (article 213, 3), smuggling of drugs (article 223, 9), crimes against persons identity (article 225, 16) fauding (article 313, 9) treachery and
abusement of possession, robbery of confisticated property (article 314, 12) to hide the robbed properties (article 221, 12), the rimes of scientific and informatics approaches
(article 323, 6), the crimes of main nation property (article 414, 7), attacking group, resolved movements cheated titles (article 443, 8), cheating the governmental sighs (article 6,
444), crimes of internal security (article 476, 13) the researches of medical-biological on uncontent people (article 209, 19 209-1,19) the common hygiene.
36
. Pradel op. cit. p. 64.
37
. Boizard. op. cit. P. precite, et Levasseur, Stfani. Bouloc op. cit. pp. 421 et 422.
32
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