The French Penal Code of 1791 was a

penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

adopted during the

French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are conside ...

by the

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

, between 25 September and 6 October 1791. It was France's first penal code, and was influenced by the Enlightenment thinking of

Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the princi ...

and

Cesare Beccaria Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (; 15 March 173828 November 1794) was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age ...

. The

principle of legality The principle of legality in criminal law was developed in the eighteenth century by the Italian criminal lawyer Cesare Beccaria and holds that no one can only be convicted of a crime without a previously published legal text which clearly describe ...

was foremost in the underlying philosophy of the 1791 Code. In the spirit of the 1789

Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revol ...

Cesare, Marquis of Beccaria Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (; 15 March 173828 November 1794) was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age of ...

summarized the principles that were to be the foundation of the procedural system. In his words, "every citizen should know what punishment he should endure." As a consequence, the function of the judge was conceived as being strictly distributive: qualification of an act, infliction of the pre-set sanction. This concept was revolutionary in 1791 and clearly departed from the arbitrary trials of the ''

ancien régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

''. The Code of 1791 was straightforward in this respect; most definitions were clear, leaving little room to the interpretation of the judge. This principle was reincorporated in the

Napoleonic Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...

Penal Code of 1810, which replaced this Code. The Code did not enforce Catholic morality; there were, for example, no prohibitions against

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''s ...

(this being the first Western code of law to decriminalize such conduct since

Classical Antiquity Classical antiquity (also the classical era, classical period or classical age) is the period of cultural history between the 8th century BC and the 5th century AD centred on the Mediterranean Sea, comprising the interlocking civilizations of ...

). Its sponsor, Louis-Michel le Peletier, presented it to the Constituent Assembly saying that it only punished "true crimes", not the artificial offenses condemned by "superstition".

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* 1791 events of the French Revolution 1791 in law 18th century in LGBT history Criminal codes French criminal law Legal history of France {{Criminal-law-stub

See also

References

External links