When the civil party’s action is not joined to that of the public prosecutor, the criminal court sets, according to the resources of the civil party, the amount of the deposit that the latter must, if it has not obtained legal aid, deposit at the court registry and the time limit within which it must be made on pain of non-admissibility of the direct summons. This deposit guarantees payment of the civil fine that may be imposed pursuant to the last paragraph.
Where the civil party is a profit-making legal entity, it must, on pain of non-admissibility of the direct summons, produce to the court its balance sheet and profit and loss account in order to enable the amount of the deposit to be determined.
In the event that the direct summons is issued by the civil party following an order by the investigating judge refusing to inform made in accordance with the third sentence of the penultimate paragraph of article 86, the deposit that may have been paid pursuant to article 88 shall be deemed to constitute the deposit provided for in this article.
When the criminal court, seised by a direct summons from the civil party, declares an acquittal, it may, in the same judgment, on the application of the public prosecutor, order the civil party to pay a civil fine of up to 15,000 euros if it considers that the direct summons was abusive or dilatory. The public prosecutor’s submissions must be made before the close of the hearing, after the defence has been heard, and the civil party or his lawyer must have been given the opportunity to respond. The provisions of this paragraph are also applicable before the Court of Appeal, when the criminal court has, at first instance, acquitted the person prosecuted and ruled on the public prosecutor’s submissions seeking to convict the civil party pursuant to the provisions of this paragraph.