Book II: Trial Courts

The accounting officer of the Directorate General of Public Finance sends the interested party, for each fine, an extract from the enforcement order concerning him in the form of a notice inviting him to pay the amount of the increased fixed fine. This notice contains the information provided for in 1° of article D. 45-5 and indicates the time limit and procedures for the complaint provided for in the second…

The public prosecutor who receives an admissible claim shall immediately inform the accounting officer of the Directorate General of Public Finance of the cancellation of the enforcement order in respect of the contested fine. .

The notice of increased fixed fine sent pursuant to article 495-20 specifies the conditions for admissibility of the claim provided for in article 495-19, the methods of payment of the deposit, and the penalties provided for in articles 226-10and 441-1of the Penal Code.

If the deposit is not followed by a request for exoneration or a claim made in accordance with the provisions of articles 495-18 and 495-19, it is considered as valid payment of the fixed fine or increased fixed fine.

I.-The person making the request for exoneration or the claim is exempt from the deposit if they send a copy of the receipt for the complaint lodged for the offence of identity theft provided for by article 434-23 of the Penal Code. II.-Where the fixed fine procedure relates to the offence of driving without a licence, a deposit is also waived if a photocopy of the driver’s licence valid at…

In accordance with the provisions of articles 39-3 and 495-22, the Public Prosecutor of the Judicial Court of Rennes is competent to: 1° Where the information in the official report does not comply with the provisions of articles 495-17 to 495-24-1 or with the provisions of this section, terminate the fixed fine procedure and send this report, in dematerialised form, to the public prosecutor of the judicial court in whose…

In the event of conviction to a fine, the court shall specify in its decision the amount of the fine remaining due after deduction of the amount of the deposit. In the event of a decision to acquit, or, in the case provided for in the last paragraph of Article 495-21, of sentencing to a penalty other than a fine or to a fine less than the amount of the…

In the event of the case being dropped or in the cases provided for in the second paragraph of article D. 45-17, a specific form is sent to the person to enable them to be reimbursed for their deposit.

For the application of the provisions of the second paragraph of Article 495-19 and first paragraph of article 495-21, only requests or complaints in which the person either denies having committed the offence, or admits having committed the offence while providing detailed information likely to justify discontinuing the proceedings for legal or expediency reasons, are considered to be reasoned. The public prosecutor forwards the dispute mentioned in the third paragraph…

Contentious incidents relating to the enforcement of the enforcement order and the rectification of any material errors it may contain shall be referred to the criminal court in whose jurisdiction the person resides, which shall rule in accordance with the provisions of Article 711.