When the obligation(s) of the agreement have been fully performed, the public prosecutor notifies the representatives of the legal entity and, where applicable, the victim of the termination of the public prosecution. If the agreement was concluded in the context of a judicial investigation, the public prosecutor also informs the investigating judge of the termination of the public prosecution.
Where the obligation or obligations of the agreement are not fully performed, the interruption of performance of the agreement referred to in the seventeenth paragraph of Article 41-1-2 is recorded by the public prosecutor and notified to the representatives of the legal entity by registered letter with acknowledgement of receipt. The victim is notified by any means. If sums have been paid in respect of the public interest fine, the…
The settlement proposal made by the mayor in accordance with the provisions of article 44-1 shall be sent by registered letter or delivered against receipt in duplicate to the offender within one month of the official report recording the offence. It specifies: – the nature of the acts complained of, their legal classification as well as the amount of the fine and additional penalties incurred; – the amount of reparation…
Within fifteen days of the settlement proposal being sent or delivered, the offender shall notify the mayor of his agreement to pay the sum requested or to carry out the unpaid work by returning a signed copy of the settlement proposal.
If the offender accepts the proposal, the mayor forwards it to the public prosecutor for approval by the competent judicial authority, together with the reports recording the offence. Where the proposed settlement consists of the performance of unpaid work, the public prosecutor forwards these documents to the judge of the competent police court, together with his or her recommendations regarding approval. The judicial authority sends the mayor its decision as…
If the proposed settlement is approved, the mayor sends or gives the offender a document informing him of this approval, specifying the amount of compensation to be paid or the terms of performance of the unpaid work as well as the deadline for completion of the settlement. Otherwise, the mayor communicates the decision of the judicial authority to the offender.
Where the transaction consists of the performance of unpaid work, the provisions of articles 131-23, 131-24 of the Penal Code and articles R. 623-14, R. 623-16 and R. 623-17 of the Penitentiary Code are applicable to the performance of this work and the powers conferred by these articles on the sentence enforcement judge or on the director of the penitentiary integration and probation service are exercised by the mayor.
If the offender refuses the proposed settlement or does not respond to it within the allotted time, or if he has not fulfilled his obligations within the allotted time, the mayor informs the public prosecutor. If the settlement is fulfilled in full, the mayor also informs the public prosecutor, who then establishes that the public prosecution has been terminated.
The sale of movable property placed in the hands of justice and, where applicable, the restitution of the proceeds of such sale, as provided for in the second paragraph of Article 41-5, shall be carried out in accordance with the procedures determined by the following articles.
Moveable assets placed in the hands of the law are handed over, with the authorisation of the public prosecutor, to the Agency for the Management and Recovery of Seized and Confiscated Assets, which proceeds with their disposal. The proceeds of the sale are deposited with the Caisse des dépôts et consignations. An entry is made in a special register kept by the clerk of the judicial court.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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