Examples of using Defence code in English and their translations into French
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Colloquial
Social Defence Code.
Law No. 21 of 15 February 1979,which set down the new Penal Code which replaced the former Social Defence Code, which was thereby repealed.
In the Defence Code.
The Defence Code, and in particular Ordinance No. 2004-1374 of 20 December 2004, establishes the rules for war materiel, arms and ammunition.
Et seq of the Defence Code.
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The Defence Code is amended as follows.
Provisions amending the Defence Code.
Article L2335-4 of the Defence Code makes it possible to suspend, cancel, or modify licenses granted.
The provisions of the said Law have been incorporated into the Defence Code articles L. 2342-1 to L. 2342-84.
In fact, the Defence Code stipulated that a soldier could not be ordered to commit acts that were contrary to the law, the customs of war or international conventions.
The revised provisions of the said Law have been incorporated into the Defence Code articles L. 1333-1 to L. 1333-13.
The declassification anddisclosure of the materials thereby placed under seal shall be subject to the procedure provided for under Articles L. 23124 et seq of the Defence Code.
In the second subparagraph of Article L. 2312 5 of the Defence Code, the words:"and to gain access to any classified area";
For example, one of the disciplinary sanctions applicable to members of the military,sanctions that are restrictively enumerated in article L.4137.2 of the Defence Code, is arrest.
The situations in which weapons may be used are enumerated in articles L.2238-3 of the Defence Code of 20 December 2004 and article 174 of the Decree of 20 May 1903.
The law provides for criminal penalties in the event of failure to comply with the legislative and regulatory provisions concerning exports of war materiel andrelated items articles L 2339-2 et seq. of the Defence Code.
This offence had been regulated by the previous Social Defence Code, but with the enactment of the first and second Penal Codes in 1979(Law No. 21) and 1987(Law No. 62), those precepts were removed.
The export from France of war materiel is strictly controlled on the basis, inter alia, of Decree-Law No. 18 of 18 April 1939 establishing regulations governing war materiel, arms and munitions,as well as the Defence Code articles L.2335-2 and L.2335-3.
Ordinance No. 2004-1374 of 20 December 2004,which is included in the Defence Code, establishes the general principle that the export of war materiel is prohibited except where authorized.
Lastly, as to the impossibility of invoking any order to justify a crime of enforced disappearance, reference is made to the provisions of article 122-4 of the Criminal Code, article 28 of the Act of 13 July 1983 on the rights and obligations of civil servants andarticle L.4122-1 of the Defence Code, which are cited above, in the observations related to article 1 of the Convention.
Law No. 425 of 7 July 1959,adding new offences to the existing code(Social Defence Code), including offences that intrinsically constituted terrorist acts; it also increased penalties for other felonies also related to such acts.
Nonetheless on 24 September 2007 the Ministry of Defence considered it appropriate to adopt a directive amending article 41321 of the Defence Code and explicitly prohibiting the participation of persons under 18 years of age in hostilities.
Article L 4122-2 of the Defence Code, deriving from the Act of 24 March 2005 establishing the general military regulations, states that:"military personnel must obey the orders of their superior officers and are responsible for executing the missions entrusted to them.
The export from France of war materiel is strictly controlled on the basis of,inter alia, article L 2335-3 of the Defence Code(an instrument having the force of law) which provides that the unauthorized export, under any customs regime.
Although the entire Social Defence Code(fundamental penal law) that was in force at the time clearly needed to be replaced, the prevailing social situation was such that the most effective and appropriate solution was to enact only a partial reform, i.e., to make only those changes that seemed strictly necessary.
A draft law ratifying order No. 2012-6 dated 5 January 2012 modifying books I and V of the environment code, the public health code and the defence code[text No. 481(2011-2012)] was submitted to the French Senate on 21 March 2012.
Considering that the first andthird subparagraphs of Article L. 413914 of the Defence Code which provide that the loss of military status is an automatic consequence of demotion in accordance with the conditions provided for under the Code of Military Justice or following the loss of French nationality are not, considered in themselves, contrary to the rights and freedoms guaranteed by the Constitution;
The Committee notes with appreciation the signature of a memorandum by the Ministry of Defence to amend the Defence Code in order to ensure that all children under the age of 18 do not take part in hostilities, in accordance with article 1 of the Optional Protocol.
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