Section 3: Settlement proposed by the mayor and approval by the public prosecutor

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.