Book II: Trial Courts

As soon as the Public Prosecutor’s Office decides to proceed with the enforcement of the criminal order, the chief clerk of the court shall notify the criminal order to the accused by registered letter with acknowledgement of receipt, which shall include the information provided for in Article 495-3. This letter indicates the time limits and procedures for objecting set out in the third and fifth paragraphs of article 495-3 and…

Pursuant to article 495-3-1, the chief clerk shall notify the criminal order to the civil party by registered letter with acknowledgement of receipt, which shall specify the time limits and procedures for objecting to the civil provisions of the order set out in article 495-3-1 and article R. 41-8. This information is also communicated to the civil party when the criminal order is served by the public prosecutor or his…

The forty-five day opposition period runs from the date on which the registered letter is sent, subject to the provisions of the fifth paragraph of article 495-3. In the event of notification by the public prosecutor or his delegate, this period runs from the date of such notification.

The Public Prosecutor checks the extracts from the criminal orders. Where a fine has been imposed, the order is the subject of a statement of criminal conviction sent by the chief clerk to the accounting officer of the Directorate-General of Public Finances in accordance with the provisions of article R. 55-5.

Within forty-five days of the date on which the registered letter is sent, the accused must pay the fine, the fixed procedural fee and, if applicable, the increase in the fine, by paying their amount into the hands of the accountant of the Directorate General of Public Finances, unless he lodges an objection. In the event of notification by the public prosecutor or his delegate, this period runs from the…

If several offences and contraventions give rise to a single order, the accused shall pay the fixed procedural fee only once.

The opposition made by the accused, within the period provided for either in the third or fifth paragraph of Article 495-3, shall be made: 1° Either by letter addressed to the chief clerk of the court that handed down the decision. The letter must be sent within the prescribed time limit, as evidenced by the postmark; 2° Or by a declaration made to the chief clerk, recorded and signed by…

On expiry of the objection period, the chief clerk shall notify the accounting officer of the Directorate-General of Public Finance of the objections received and of the cancellation of the corresponding extracts. In the event of opposition, the chief clerk shall notify the public prosecutor without delay.