E/CN.4/1996/72/Add.3
page 44
regarded as graves. When the desecration of a grave also involves the
exhumation of the corpse, the penalty is increased to two years' imprisonment
(art. 225-17).
When these offences have been committed as a result of the deceased
persons' genuine or alleged membership (or non-membership) of a particular
ethnic group, nation, race or religion, the penalties are increased to three
years' imprisonment and a 300,000 franc fine.
The exhumation of a corpse in such conditions is punishable by five
years' imprisonment and a 500,000 franc fine.
C.
Criminal responsibility of corporate bodies for racist offences
The Penal Code provides that corporate bodies (such as companies,
associations, etc.) other than the State may be declared criminally
responsible in the cases provided for by law or by statute for offences
committed on their behalf by their organs or representatives (art. 121-2 of
the new Penal Code), notwithstanding the criminal responsibility of natural
persons who commit, or are accessories to, such offences (art. 121-2, last
subparagraph).
The conviction of corporate bodies is expressly provided for in the case
of crimes against humanity (art. 213-3), discrimination (art. 225-4),
violations of the rights of individuals by means of data files or data
processing (art. 226-24), the maintenance or re-establishment of dissolved
combat groups and movements (art. 431-21) and the display of insignia
(art. R.645-1).
The list of penalties (dissolution, temporary prohibition, confiscation,
court surveillance ...) contained in article 131-39 of the new Penal Code
allows for the effective punishment of the corporate bodies concerned.
In all cases where the responsibility of a corporate body is engaged,
the maximum fine applicable to such a body is equal to five times that
provided for natural persons by the statute punishing the offence (art. 131-41
of the new Penal Code).
III.
VICTIMS PROTECTED AND REMEDIES AVAILABLE TO THEM
French law protects victims of racist-type conduct, whether they are
private individuals, a group of persons or a corporate body.
They are afforded the traditional remedies and also have the possibility
of acting through associations which combat racism.
The victim of an offence under the 1881 Act (oral or written racist
remarks directed against them) has, in addition, a right of reply.