Article 113-2 du code pénal : compétence territoriale des juridictions françaises en matière de recel
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A la suite de la découverte au domicile de M.Y, d'oeuvres d'art provenant de vols commis en France dans des églises, entre 1960 et 1978, le procureur de la République de Limoges a requis l'ouverture d'une information contre ce dernier et tous les autres des chefs de recels aggravés de vols. Mis en examen de ces chefs, M.Y, de nationalité belge, M.X, de nationalité néerlandaise, ont décliné la compétence des juridictions françaises. Les juges du fond ont retenu la compétence des tribunaux français sur le fondement de l'article 113-2 du code pénal, le délit de recel ne pouvant être constitué que si la chose détenue provient d'un acte qualifié crime ou délit par la loi or les vols dont proviennent les oeuvres d'art recélées ont tous été commis sur le territoire national.
La Cour de cassation rejette le pourvoi formé contre l'arrêt de la...
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