Section 9: The fixed fine procedure applicable to certain offences

Where provided for by law, public proceedings are extinguished by payment of a fixed fine set by law, which may not exceed the amount provided for in the first paragraph of Article 131-13 of the Penal Code, under the conditions set out in this section. However, the fixed fine procedure is not applicable if the offence has been committed by a minor or if several offences, at least one of…

The fixed fine must be paid within forty-five days of the offence being recorded or, if the offence notice is sent to the person concerned at a later date, within forty-five days of it being sent, unless the person concerned submits a request for exemption to the service indicated in the offence notice within the same period. This request is forwarded to the public prosecutor. However, the fixed fine is…

The writ of execution referred to in the last paragraph of article 495-18 is enforced in accordance with the rules laid down in this code for the enforcement of correctional judgements. The statute of limitations on the penalty begins to run from the date on which the public prosecutor signs the enforcement order, which may be individual or collective. Within thirty days of the date on which the notice inviting…

The request for exoneration provided for in article 495-18 or the claim provided for in article 495-19 is only admissible if it is sent by registered letter with acknowledgement of receipt, using the form attached to the fixed fine or increased fixed fine notice, and if it is accompanied either by a document showing that a prior deposit equal to the amount of the fixed fine has been paid, in…

In view of the request made pursuant to the first paragraph of Article 495-18 or the complaint made pursuant to the second paragraph of article 495-19, the public prosecutor may either waive prosecution or proceed in accordance with articles 389 to 390-1,393 to 397-7,495 to 495-6or 495-7 to 495-16, or notify the interested party that the complaint is inadmissible if it is not substantiated or has not been made using…

For the purposes of this section, the place of automated processing of nominative information relating to offences recorded by a report drawn up in digital format is considered to be the place where the offence was recorded. .

When the person who has been fined an increased fixed-rate fine does not contest the reality of the offence but, due to financial difficulties, requests payment deadlines or an exonerated fine, they send their reasoned request to the competent public accountant. In this case, article 495-20 is not applicable. If the competent public accountant considers the request to be justified, he or she may then grant time limits or issue…

When fixed-rate fines, reduced fixed-rate fines and increased fixed-rate fines apply to a legal entity, their amount is quintupled.

When the public prosecution for an offence that has caused harm to a victim is extinguished by the payment of a fixed fine for a misdemeanour, the victim may nevertheless ask the public prosecutor to summon the perpetrator to a hearing before the court to enable him or her to bring a civil action. The court, composed of a single magistrate exercising the powers conferred on the president, will then…

A decree shall specify the procedures for applying this section.