Call Us + 33 1 84 88 31 00

Article 40-4-1 of the French Code of Criminal Procedure

A victim who wishes to bring a civil action may declare: 1° A personal address; 2° The address of a third party, subject to the third party’s express agreement. However, this agreement is not required when the person is a representative of the public authority or entrusted with a public service mission and the offence was committed because of his functions or mission, if the declared address is his professional…

Read More »

Article 40-5 of the French Code of Criminal Procedure

In the event of a person’s escape, the public prosecutor shall immediately inform the victim of the acts that led to the detention or the victim’s family of the escape, if the escape is likely to put them at risk and unless it does not seem appropriate to provide this information in view of the risk it could entail for the perpetrator.

Read More »

Article 41 of the French Code of Criminal Procedure

The public prosecutor carries out or arranges for the carrying out of all acts necessary for the investigation and prosecution of offences against criminal law. To this end, he directs the activities of the officers and agents of the judicial police within the jurisdiction of his court. When investigative acts are to be carried out in a jurisdiction other than that of the tribunal de grande instance, he may ask…

Read More »

Article 41-1 of the French Code of Criminal Procedure

If it appears to the public prosecutor that such a measure is likely to ensure compensation for the damage caused to the victim, put an end to the disorder resulting from the offence or contribute to the rehabilitation of the perpetrator, the public prosecutor may, prior to his decision on the public prosecution, directly or through the intermediary of a judicial police officer, a delegate or a mediator of the…

Read More »

Article 41-1-2 of the French Code of Criminal Procedure

I. – As long as the public prosecution has not been initiated, the public prosecutor may propose to a legal person accused of one or more of the offences provided for in Articles 433-1,433-2,435-3,435-4,435-9,435-10,445-1,445-1-1,445-2and 445-2-1, in the penultimate paragraph of Article 434-9 and the second paragraph of Article 434-9-1 of the Criminal Code and their laundering, for the offences set out in Articles 1741 and 1743 of the General Tax…

Read More »

Article 41-1-3 of the French Code of Criminal Procedure

As long as the public prosecution has not been initiated, the public prosecutor may propose to a legal person charged with one or more offences under the code de l’environnement as well as for related offences, excluding crimes and offences against persons provided for in Book II of the Penal Code, to enter into a judicial public interest agreement imposing one or more of the following obligations: 1° Pay a…

Read More »

Article 41-2 of the French Code of Criminal Procedure

The public prosecutor, as long as the public prosecution has not been initiated, may propose, directly or through an authorised person, a penal composition to a natural person who admits having committed one or more offences punishable as a principal penalty by a fine or a prison sentence of up to five years, as well as, where applicable, one or more related contraventions which consists of one or more of…

Read More »

Article 41-3 of the French Code of Criminal Procedure

The penal composition procedure is also applicable to contraventions. The duration of the deprivation of the driving licence or hunting licence may not exceed three months, the duration of unpaid work may not exceed thirty hours, within a maximum period of three months, and the duration of the ban on issuing cheques may also not exceed three months. The measures provided for by 9° to 12° of Article 41-2 are…

Read More »

Article 41-3-1 A of the French Code of Criminal Procedure

The provisions of articles 41-2 and 41-3, insofar as they provide for a composition fine and compensation for the victim, are applicable to a legal entity whose legal representative or any person benefiting, in accordance with the law or its articles of association, from a delegation of authority for this purpose acknowledges its criminal liability for the acts of which it is accused. The maximum amount of the composition fine…

Read More »

Article 41-3-1 of the French Code of Criminal Procedure

In the event of serious danger threatening a person who has been the victim of violence at the hands of his or her spouse, cohabitee or partner in a civil solidarity pact, the public prosecutor may allocate to the victim, for a renewable period of six months and if he or she expressly consents, a remote protection device enabling him or her to alert the public authorities. The allocation may…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.