Section 2: Criminal settlements

The competent administrative authority may, as long as the public prosecution has not been initiated, reach a settlement with natural persons and legal entities regarding the prosecution of an offence constituting a contravention or a délit, provided for and punishable under: 1° Books II and III of Part One; 2° Title VI of Book II of Part Two; 3° Books I, II and IV of Part Three, with the exception…

The proposed settlement is determined on the basis of the circumstances and seriousness of the offence, the personality of the offender and the offender’s resources and liabilities. It specifies the amount of the fine to be paid by the offender and, where applicable, the obligations that will be imposed on the offender to put an end to the offence, prevent its recurrence or comply with the obligations to which the…

Once accepted by the offender, the proposed settlement is submitted to the public prosecutor for approval. The act by which the Public Prosecutor approves the proposed settlement interrupts the limitation period for prosecution. The public prosecution is extinguished when the offender has fulfilled all the obligations resulting from acceptance of the settlement within the time limit set.

When the settlement is approved, the administrative authority informs the social and economic committee.

Detailed rules for the application of this section shall be laid down by decree in the Conseil d’Etat.