If the court finds that the act constitutes an offence, it shall impose the penalty.
It shall rule, where appropriate, on the civil action, and may order the provisional payment, in whole or in part, of the damages awarded.
It also has the option, if it cannot rule on the claim for damages as it stands, to award the civil party a provisional payment, enforceable notwithstanding opposition or appeal.
After ruling on the public prosecution, the court may, of its own motion or at the request of the public prosecutor or the parties, adjourn the case to a later date to rule on the civil action, even if it does not order an investigative measure, in order to allow the civil party to provide evidence in support of its claims. This adjournment is automatic when requested by the civil parties. The court must then set the date of the hearing at which the civil action will be decided. The public prosecutor need not attend this hearing. At this hearing, the court is composed of the sole president sitting as a single judge.
The provisions of this article shall apply when the criminal court, in its composition provided for by the first paragraph of article 398, considers, as a result of the proceedings, that the act referred to it constitutes an offence referred to in Article 398-1.