If a foreign national subject to the obligation to guarantee repatriation is no longer able to produce the transport ticket or bank certificate referred to in article R. 313-5, the offence will be punishable by the penalties laid down for fifth-class offences.
The penalties laid down for fifth-class offences will be punishable by the penalties laid down for fifth-class offences if the foreign national is no longer able to produce the transport ticket or bank certificate referred to in article R. 313-5.