When making an order dismissing an investigation initiated on the basis of a civil party’s claim, the investigating judge may, at the request of the public prosecutor and by reasoned decision, if he considers that the civil party’s claim has been abusive or dilatory, order a civil fine against the civil party, the amount of which may not exceed 15,000 euros.
This decision may only be made at the end of a period of twenty days from the date of communication to the civil party and his lawyer, by registered letter or by fax with receipt, of the public prosecutor’s submissions, in order to allow the interested party to send written observations to the investigating judge.
This decision may be appealed by the civil party under the same conditions as the order dismissing the case.
If the investigating judge does not follow the public prosecutor’s submissions, the latter may appeal under the same conditions.