I. – The persons mentioned in Article L. 96 J of the Book of Tax Procedures who make available the software or cash register systems mentioned in the same Article L. 96 J are liable to a fine where such software, systems or technical interventions are designed to enable one of the acts mentioned in 1° of Article 1743 of this Code, in Article 1791 ter, in 3° and 5° of article 1794, in article 1797 and at 3°, 8° and 10° of Article 1810 by modifying, deleting or otherwise altering a record stored or retained by means of an electronic device, without preserving the original data.
The fine provided for in the first paragraph of this I also applies to distributors of these products who knew or could not have been unaware that they had the characteristics mentioned in the same first paragraph.
This fine is 15% of the turnover generated by the marketing of these software or cash register systems or the services provided, corresponding to the year during which the fine is applied and the five previous years.
The application of the fine provided for in this I excludes those provided for in Article 1770 undecies of this code and in Article 416 bis A of the Customs Code in respect of the same software, systems or interventions and the same turnover.
II. – The persons mentioned in I are jointly and severally liable for the payment of the recalled duties corresponding to the use of this software and cash register systems charged to the companies that committed the acts mentioned in the same I that use these products as part of their operations.