Section 7: Simplified procedure

I.-The public prosecutor may decide to use the simplified ordonnance pénale procedure for the offences referred to in II of this article where it is clear from the criminal investigation that the charges against the accused are simple and established, that the information concerning the accused’s character, charges and resources is sufficient to enable the sentence to be determined, and that it does not appear necessary, given the minor seriousness…

The public prosecutor who chooses the simplified procedure communicates the prosecution file and his or her submissions to the president of the court. The president rules without prior discussion by means of a criminal order discharging the offender or sentencing him/her to a fine as well as, where applicable, to one or more of the additional penalties incurred, these penalties being able to be pronounced as the principal penalty. The…

The order shall mention the surname, first names, date and place of birth and domicile of the accused, the legal classification, date and place of the act imputed, a reference to the applicable texts and, in the event of conviction, the penalty or penalties imposed. The criminal order must be reasoned, particularly with regard to the provisions of I of article 495.

Where the victim of the acts has made a claim for damages or restitution in the course of the police investigation as a civil party in accordance with the second paragraph of article 420-1, the President shall rule on this claim in the criminal order. If he is unable to rule on this claim for one of the reasons mentioned in the last paragraph of the same article 420-1, he…

As soon as it is issued, the criminal order is forwarded to the public prosecutor who, within ten days, may either lodge an objection by declaration at the court registry, or pursue its enforcement. This order is brought to the attention of the accused by registered letter with acknowledgement of receipt. It may also be brought to the attention of the accused by the public prosecutor, either directly or through…

When the civil interests are decided, the civil party is notified of the criminal order in one of the ways provided for in the second paragraph of article 495-3. The civil party is informed that it has a period of forty-five days from this notification to lodge an objection to the civil provisions of the order. .

In the event of an opposition lodged by the public prosecutor or by the accused, the case shall be brought to the hearing of the criminal court. In the event of an opposition lodged by the accused on the civil provisions alone or by the civil party, the court shall rule in accordance with the penultimate paragraph of article 464. A judgment rendered in absentia, on the opposition of the…

The criminal order, to which no opposition has been lodged or which has not been brought by the public prosecutor to the hearing of the criminal court, has the effects of a judgment that has the force of res judicata. However, the criminal order ruling solely on the public prosecution does not have the authority of res judicata with regard to the civil action for compensation for damages caused by…

Where the victim of the offence is identified and has been unable to bring a civil action under the conditions provided for in Article 495-2-1 or where no decision has been taken on his or her application made in accordance with Article 420-1, the public prosecutor must inform him of his right to ask him to summon the perpetrator to a hearing of the criminal court ruling in accordance with…

The provisions of this section shall not preclude the rights of the injured party to summon the perpetrator before the criminal court. The court shall rule only on civil interests if the criminal order has acquired the force of res judicata. At this hearing, the court is composed of the sole president sitting as a single judge.