Infraction, from Latin deliquere, delictum , signifies, in general, a transgression committed to the detriment of someone else.

Sometimes all sorts of crimes are included under the term infraction , whether serious or minor, even the damage that someone causes to others, whether voluntarily or by accident, without the aim to cause harm. However, more ordinarily, the term infraction is only employed to express minor crimes or damage caused by animals.

The general principles in regards to infractions are that all infractions are personal, meaning that the offender is to be subjected to the due punishment and reparation for their infraction , and that the infraction of one does not extend to any others. This last maxim has, however, three exceptions: the first is that the infraction of a deceased person extends to their inheritor for amends, confiscation, and other pecuniary punishments that are to be taken upon their assets; the second exception is that fathers are held civilly liable for infractions committed by their minor children who under their guardianship; masters are similarly liable for infractions of their slaves and servants, and for the infractions or damages caused by their animals: the third exception is that there are several examples when in punishing a father for certain very serious crimes, the dishonor is extended to his children in order to inspire more horror toward these sorts of crimes.

All infractions are either public or private; they are considered to be of the latter sort unless the law states the contrary. See Public infraction and Private infraction.

No one should profit from his or her infraction , meaning that it is not permitted to better one’s situation by means of an infraction .

The gravity of an infraction is considered by taking into account the status of the offender, whether the infraction is habitual, the status of the person upon which it is committed, the place where things happened, the people who were present, and other circumstances that might merit attention.

Infractions should not remain unpunished; it is the task of judges to investigate public infractions , for which revenge is reserved for the public ministry. The punishment should be proportional to the infraction and individuals cannot pursue the punishment of an infraction , only civil and pecuniary reparation.

It is commonly said that there is no compensation in regards to infractions ; this should be understood when it comes to punishment that is due for public conviction, but not when it comes to pecuniary punishment and damages and interests that could come as a result of it. There are even certain private infractions that can offset one another; for example, the negligence or willful misrepresentation committed reciprocally by associates, book II para. de compens. and book XXXVI para. dolus malus . [1] The same applies to slander and other slight infractions that do not merit punishment, they are ordinarily compensated by the parties outside of court.

An infraction is neither excused under the pretext of anger or of initial action nor under the pretext of a tradition or custom; even error can only excuse an infraction in the cases where there is fraud.

There are certain infractions upon which action is limited to a year, such as slander.

Generally, the punishment of other infractions was formerly annulled after ten years following the law of the Digest; but by the law of the code, to which our usage conforms in this respect, it is presently twenty years.

The pursuance of an infraction is annulled by the natural death of the guilty party when it comes to punishment but not when it comes to pecuniary reparations.

There are even certain serious infractions that death does not annul, such as the crime of lèse-majesté, a duel, suicide, or armed rebellion.

1. Dolus malus: the reference seems to be to The Digest of Justinian, book IV, title III, paragraph 36. The other reference, presumably to Justinian, is unclear.