Let's see what theft, housebreaking, and burglary are, the definitions provided by the French Penal Code, the existing nuances, and the penalties prescribed by law.
The French Penal Code defines theft as follows:
Theft is the fraudulent taking of another person’s property.
Theft is punishable by three years of imprisonment and a fine of 45,000 euros.
It may be subject to a sentence of up to five years in prison and a fine of 75,000 euros if committed under aggravating circumstances. For instance, when it is committed by several individuals acting as perpetrators or accomplices, even without forming an organized group. The same sentence applies when a person holding public authority or tasked with a public service mission commits the theft in the exercise or on the occasion of their duties, or when someone impersonates this status to commit the offense.
Similarly, theft is considered aggravated if it is preceded, accompanied, or followed by violence that does not result in total incapacity for work. This sanction also applies when the theft is committed in a dwelling or a place intended for the storage of funds, valuables, goods, or equipment. Offenses committed in a public transport vehicle or in a place providing access to such transport are also subject to these provisions.
Additionally, intentionally concealing one’s face to avoid identification during a theft, committing theft in a school or near it during students’ entry or exit, constitute aggravating circumstances.
The penalty is increased to seven years in prison and a fine of 100,000 euros if the theft is committed under two of these aggravating circumstances. If three of these circumstances are present, the penalty can reach up to ten years of imprisonment and a fine of 150,000 euros.
Burglary, theft, and punishment in the French Penal Code
Regarding the main theme of this site, namely the protection of homes against theft, we find that the burglary of a house is actually an aggravated theft involving the breaking and entering of a home. It is important to note that the common term 'burglary' does not appear as such in the French Penal Code. However, burglary can be defined as follows: 'Burglary is theft committed with breaking and entering.'
Cases of theft in residential premises are specifically described in a separate article of the French Penal Code, detailing the methods of entry into a building: through deception, breaking and entering, or climbing. Theft punishment in the French Penal Code is the following: seven years in prison and a fine of 100,000 euros. If the burglary is accompanied by violence against a person resulting in total incapacity for work of up to eight days, or if the victim is particularly vulnerable due to age, illness, frailty, a physical or mental disability, or pregnancy, and this vulnerability is apparent or known to the burglar, the penalty is increased to ten years in prison and a fine of 150,000 euros.
The Penal Code prescribes even harsher penalties in more severe conditions. Theft is punishable by ten years in prison and a fine of 150,000 euros if it is preceded, accompanied, or followed by violence resulting in total incapacity for work exceeding eight days. Theft is punishable by fifteen years of criminal imprisonment and a fine of 150,000 euros if the violence causes mutilation or permanent disability. Theft committed using or threatening with a weapon, or by an armed individual, is punishable by twenty years of criminal imprisonment and a fine of 150,000 euros. In the case of theft by an organized group with the use of a weapon, the penalty is thirty years of criminal imprisonment and a fine of 150,000 euros. Finally, theft preceded, accompanied, or followed by violence resulting in death or accompanied by acts of torture or barbarity is punishable by life imprisonment and a fine of 150,000 euros.
Some additional nuances should be noted. The penalty applies even if the perpetrator returns the object after the theft or if it is only an attempt. For example, if a burglar forces open a house’s door but flees due to an alarm going off.
It is also worth knowing that anyone who has attempted to commit a burglary as part of an organized group is exempt from punishment if, by informing the administrative or judicial authorities, they have prevented the commission of the offense and, if applicable, identified the other perpetrators or accomplices. The prison sentence incurred by the perpetrator or accomplice of theft in an organized group is halved if they have notified the authorities and prevented the offense from being carried out or avoided it resulting in death or permanent disability, while identifying the other participants.
Sources of information:
www.service-public.fr
www.legifrance.gouv.fr, Code pénal: Section 1 : Du vol simple et des vols aggravés (Articles 311-1 à 311-11)
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