> during the french revolution in 1791, the national constituent assembly abolished the law against homosexuality as part of adopting a new legal code without the influence of christianity. although the assembly never discussed homosexuality, it has been legal in france ever since.[1][2] previously it could be punished by burning to death, although this was infrequently enforced.[3][4] the abolition of criminality for sodomy was codified in the 1810 penal code.[5] > the decriminalization of homosexuality was spread across europe by napoleon's conquests and the adoption of civil law and penal codes on the french model, leading to abolition of criminality in many jurisdictions and replacement of death with imprisonment in others.[6][7] via military occupation or emulation of the french criminal code, the scandinavian countries, spain, the netherlands, portugal, belgium, japan, and their colonies and territoriesincluding much of latin americadecriminalized homosexuality.[8] confirmed by the french criminal code of 1810 and applied in the napoleonic empire, decriminalization then became definitive in some states that emerged from the empire (belgium, luxembourg, netherlands, some swiss cantons), but was temporary in others which recriminalized in part (some italian states) or in whole (germany, spain) in the 19th or 20th century.[9]
Serbia