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Article R15-33-40-1 of the French Code of Criminal Procedure

Where there is no need to validate the penal composition proposal because it relates to an offence punishable by a prison sentence of up to three years and consists of a composition fine not exceeding three thousand euros or the divestment of an item whose value does not exceed this amount, the provisions of the two penultimate paragraphs of Article R. 15-33-40 are not applicable.

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Article R15-33-41 of the French Code of Criminal Procedure

The surrender of the driving or hunting licence provided for in 4° and 5° of Article 41-2 implies an undertaking on the part of the person not to drive or hunt during the period their licence is surrendered. When the surrender of the driving licence is proposed, this undertaking may be limited to driving outside of professional activities, unless this limitation is expressly excluded by the law or regulation that…

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Article R15-33-41-1 of the French Code of Criminal Procedure

The obligation laid down in 4° bis of article 41-2 to follow a rehabilitation and awareness programme involving the installation of an alcohol ignition interlock device on his vehicle at his own expense, for a minimum period of six months and a maximum period of three years, entails the following two obligations for the person: 1° Attend a road safety awareness course; 2° Provide proof that their vehicle has been…

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Article R15-33-42 of the French Code of Criminal Procedure

The performance of unpaid work provided for by 6° of article 41-2 consists in the performance of work for the benefit of either a legal person governed by public law, or a legal person governed by private law entrusted with a public service mission or an association authorised pursuant to the provisions of the articles R. 131-12 to R. 131-16 of the Penal Code.

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Article R15-33-43 of the French Code of Criminal Procedure

When the penal composition occurs following an offence provided for in articles 222-19-1 or 222-20-1 of the Penal Code or to the articles L. 234-1 or L. 234-8 of the Highway Code or any other offence giving rise to the withdrawal of driving licence points, the official report referred to in Article R. 15-33-40 includes a statement informing the person of the loss of points that will result from the…

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Article R15-33-44 of the French Code of Criminal Procedure

When the proposal for a penal composition has been brought to the person’s attention by a judicial police officer pursuant to the provisions of the sixteenth paragraph of Article 41-2, the written decision of the public prosecutor provided for by this paragraph is appended to the report mentioned in article R. 15-33-40 which is signed by the judicial police officer.

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Article R15-33-45 of the French Code of Criminal Procedure

Where the provisions of the fifteenth paragraph of Article 41-2, the report referred to in Article R. 15-33-40 or a separate record specifies the conditions under which the victim was informed, which may be by any means, was carried out. The victim is informed of his or her right to request the assistance of a lawyer.

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Article R15-33-47 of the French Code of Criminal Procedure

When the president of the court decides to hear the perpetrator and the victim, they are summoned by any means. The president of the court may hold a joint hearing or separate hearings. These hearings, which are recorded in minutes signed by the presiding judge and the parties concerned, are not open to the public. The public prosecutor is informed of these hearings and may attend if he or she…

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Article R15-33-48 of the French Code of Criminal Procedure

The public prosecutor may inform the police or gendarmerie services involved in the investigation that the penal composition has been validated, in particular when it includes one of the measures provided for in 4°, 5°, 9°, 10° and 11° of l’article 41-2 and the non-execution of this measure is likely to be observed by these services.

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