Chapter II: Issuing and enforcing financial penalties pursuant to the Framework Decision of the Council of the European Union of 24 February 2005

Under the provisions of the fifth paragraph of Article 707-1, the public prosecutor shall pursue the enforcement of financial penalties imposed by the competent authorities of the Member States of the European Union. Enforcement in France of such pecuniary penalties shall be governed by French law in the same way as criminal fines imposed by French criminal courts, subject to the provisions of paragraph 2 of this section. The Public…

The financial penalty and the certificate issued by the competent authority of the issuing State shall be sent, in accordance with the procedures set out in Article D. 48-11, to the Public Prosecutor with territorial jurisdiction, where applicable via the Public Prosecutor. The public prosecutor with territorial jurisdiction is that of the place where the convicted person’s habitual residence or registered office is located or, failing that, any of that…

Where the public prosecutor is considering applying the provisions set out in 1° of Article D. 48-22 or 4°, 6° and 7° of Article D. 48-23, it shall inform the competent authority of the issuing State without delay by any means that leaves a written record, so that the latter may, if appropriate, submit its observations. After ensuring that the request is in order, the public prosecutor shall enforce the…

The public prosecutor shall, if necessary, convert the amount of the financial penalty at the exchange rate in force on the date on which the financial penalty was imposed.

Enforcement of a financial penalty may be refused in any of the following cases: 1° If the certificate is not produced, if it is drawn up incompletely or if it clearly does not correspond to the pecuniary penalty; 2° If the pecuniary penalty is less than 70 euros or an equivalent amount; 3° If the pecuniary penalty relates to acts that were committed, in whole or in part, on the…

Without prejudice to the application of Article 694-4, enforcement of a financial penalty shall be refused in any of the following cases:

Notwithstanding the provisions of 1° of article D. 48-23, the ground for refusal based on the absence of criminality under French law is not enforceable where the financial penalty relates to an offence which, under the law of the issuing State, falls within one of the categories of offences mentioned in Article 694-32 or in one of the following categories: -driving contrary to the rules relating to road traffic, breaches…

Where the acts were not committed on the territory of the issuing State and fall within the jurisdiction of the French courts, the public prosecutor may decide to reduce the amount of the financial penalty to the maximum amount incurred for these acts under French law.