3: Criminal penalties

In addition to the penalties provided for in articles 1791 to 1794, the offences referred to below are punishable by one year's imprisonment, increased to three years for the offences mentioned in 10° of this article, and the means of transport are seized and confiscated, as well as the containers, packaging, utensils, mechanics, machines or apparatus:

1° manufacture, transport, sale and possession without declaration of a still or portion of a still.

Use of undeclared still; in this case, the penalty is applicable to the persons referred to in Article 1809;

2° after the entry into force of the ministerial orders provided for in article 314, distillations carried out anywhere using stills not fitted with regulation meters, manoeuvres whose purpose is to knowingly falsify the indications of the meters or to interfere, by any means whatsoever, with their regular operation ;

3° fraudulent manufacture of alcohol, fraud involving spirits by climbing, underground, with a weapon or by means of devices designed to conceal them; delivery, possession with a view to sale, transport of alcohol of any kind manufactured or imported without declaration; transport of alcohol with an altered or fraudulently obtained consignment; breaches of the provisions of 8° of article L. 311-39 of the code of taxes on goods and services;

4° fraud in distilleries using underground tunnels or any other means of adduction or concealed transport of alcohol ;

5° manufacture, distillation, revivification of eaux-de-vie and spirits within Paris or any other locality where the manufacture and distillation of eaux-de-vie and spirits have been prohibited;

6° fraudulent alteration of the density of eaux-de-vie or spirits; preparation, possession, sale, transport of mixtures prohibited by l'article 402 ;

7° revivification or attempted revivification of denatured spirits, manoeuvres intended either to divert denatured spirits or spirits presented for denaturing, or to make spirits which have already been denatured accept denaturing; use of denaturing substances which do not conform to the official types; sale or possession of spirits in the preparation of which denatured alcohols or mixtures of ethyl alcohol and substances belonging to the chemical family of alcohols or having an alcohol chemical function have been used, capable of replacing ethyl alcohol in any of its uses when these mixtures are intended for human consumption or when they present a danger to public health;

8° fraudulent possession or sale by a manufacturer or merchant of gold, silver or platinum articles bearing either the imprint of false hallmarks, counterfeiting old hallmarks or hallmarks in force, or old marks inlaid, soldered or counter-stamped, or the imprint of fancy hallmarks imitating old hallmarks or hallmarks in force, or the imprint of stolen hallmarks ;

9° (Repealed);

10° Regardless of the type and origin of these tobaccos: manufacture of tobacco; fraudulent possession with a view to the sale of manufactured tobacco; sale, including distance selling, of manufactured tobacco; fraudulent transport of manufactured tobacco; distance acquisition, introduction from another Member State of the European Union or importation from third countries of manufactured tobacco products acquired through distance selling.

The following are considered and punished as fraudulent manufacturers:

a) Private individuals on whose premises utensils, machines or mechanics suitable for manufacturing or spraying are found and, at the same time, tobacco in leaf or in preparation, regardless of the quantity, or more than 10 kilograms of manufactured tobacco not bearing the administration's marks;

b) Those who professionally manufacture for others or accidentally manufacture cigarettes with smoking tobacco for profit;

c) Tobacco warehouse and sales clerks who falsify manufactured tobacco;

11° No longer applicable.