Chapter IV: Final proceedings before the Police Court

Before the day of the hearing, the president may, at the request of the public prosecutor or the civil party, estimate the damages or have them estimated, draw up reports or have them drawn up, and carry out or order any acts requiring expedition.

The provisions of articles 400 to 405,406 to 408, are applicable to proceedings before the police court. However, the penalties provided for by Article 404, paragraph 2, may only be ordered by the criminal court, on referral from the public prosecutor, in the light of the report drawn up by the police court judge describing the incident.

Also applicable are the rules laid down by articles 418 to 426 concerning the bringing of a civil action; by articles 427 to 457 relating to the taking of evidence subject to what is said in Article 537 ; by articles 458 to 461 relating to discussion by the parties; by article 462 relating to the judgment.

Contraventions are proven either by minutes or reports, or by witnesses in the absence of reports and minutes, or in support of them. Except in cases where the law provides otherwise, minutes or reports drawn up by officers and agents of the judicial police and deputy judicial police officers, or officials or agents entrusted with certain functions of the judicial police to whom the law has assigned the power to…

If further information is required, it shall be provided by the police court judge, in accordance with articles 114,119,120and 121. The provisions of article 463, paragraph 3, are applicable.

If the police court finds that the act constitutes a contravention, it shall impose the penalty, subject to the provisions of the articles 132-59 to 132-70 of the Penal Code and articles 747-3 and 747-4 of this code. If applicable, it shall rule on the civil action in accordance with the provisions of article 464, paragraphs 2 and 3.

If the police court considers that the act constitutes a felony or misdemeanour, it declares itself incompetent. It shall refer the Public Prosecutor’s Office to proceed as it sees fit.

If the police court considers that the act does not constitute an offence under criminal law, or that the act is not established, or that it is not attributable to the accused, it shall dismiss the accused from the prosecution. The articles 470-1 and 472 are applicable.

If the accused benefits from a legal cause for exemption from punishment, the Police Court shall find him guilty and exempt him from punishment. Where applicable, it shall rule on the civil action as set out in article 539.

The following articles 475-1 to 486 concerning court fees and costs, the return of items placed in the hands of the courts and the form of judgments. However, the provisions of Article 480-1 only apply to those convicted of fifth-class offences.