Criminal liability for third person's act: case of release on bail

II.2.2.2. complementary penalties

Complementary penalties are those that are not normally possible to impose without the support of principal sentences. They complement the main penalty to ensure the best punishment^138(*). The complementary penalty is that one added to the main sentence, as accessory penalty, but unlike the latter, not automatically the result of condemnation^139(*). They are applied jointly to the convicted offender.

In accordance with article 121 of penal code imprisonment and fine are complementary, a convicted of this article shall undergo jointly both penalties.

II.2.2.3 accessory penalties

Accessory penalties are different from complementary penalties, they cannot, exist without the support of a main penalty; they are so closely added to principal penalty automatically without the judge need to decide^140(*).

They are additional in ex officio to the main penalty without mentioning them in the judgment.

Penal code provides in its article 27 four types of accessory penalties.

confiscation

The law entitles the state to confiscate any thing which has been involved in the offence, or which has assisted in its commission, or which has been produced as a result^141(*).

- forfeiture

Court may also prohibit criminals form being found in certain localities, or may order them to live in certain place^142(*).

The forfeiture is also qualified as a penalty, but is nevertheless a measure of safety^143(*).

-putting a person at government disposal

Any recidivist convicted three times in period of ten years by a sentence of at least six months for each one of that three times, he/she shall be automatically put at government disposal. Art59 penal code.

-civic degradation

Civic degradation consists in the removal and exclusion of convicted from any position, employment or public office, in the deprivation of the right to vote, election, eligibility, and in general for all civil and political rights^144(*).

* ¹³⁸ B. Bouloc, H.Matsopoulou, droit pénal général et procédure pénale, 16^e ed., Paris, Editions Dalloz, 2006, P. 416 (translated by the author from french)

* ¹³⁹P.canin, Op. Cit.,p.116

* ¹⁴⁰ B. Bouloc, H. Matsopoulou, Op.Cit., P. 442

* ¹⁴¹penal code, Op.Cit., art. 52

* ¹⁴² W.A. Shabas and M. Imbleau, Op,Cit.P.61; penal code, Op.Cit., art.54

* ¹⁴³ M.G.Brière de l'Isle, Op.Cit. p.404

* ¹⁴⁴Id.,p398 ; Penal code. Op.Cit., art.66.