Chapter III: Penalty procedure

The penalties mentioned in article L. 422-1 are handed down by the regulatory control commission. The regulatory control commission comprises eleven members: 1° A member of the Conseil d’Etat, chairman, appointed by the vice-president of the Conseil d’Etat; 2° A member of the control bodies of the ministry responsible for finance; 3° A member of the general inspectorate of cultural affairs ; 4° A person qualified in the field of…

The members of the Commission du Contrôle de la Réglementation are bound by professional secrecy with regard to any facts, acts or information that may have come to their knowledge by virtue of their functions or duties, under the conditions and subject to the penalties set out in articles 226-13 and 226-14 of the French Penal Code.

The Regulatory Control Committee meets when convened by the Chairman, who sets the agenda. It may only validly deliberate if at least half of its members are present or represented by proxy. The committee’s decisions are taken by a majority of the votes of the members present or represented by proxy.

The Commission may not be seized of facts dating back more than three years if no action has been taken up to that point to investigate, establish or punish them.

The investigation prior to the pronouncement of sanctions is carried out by a rapporteur, appointed by the Vice-President of the Conseil d’Etat from among serving members of the administrative courts, for a term of three years, renewable once. The rapporteur is bound by professional secrecy with regard to any facts, acts or information that may have come to his knowledge by virtue of his office, under the conditions and subject…

The Chairman of the Centre national du cinéma et de l’image animée shall refer to the rapporteur any fact likely to justify the initiation of sanction proceedings.

The investigation is conducted by the rapporteur, who may hold any hearings and consultations he or she deems necessary.

If, in the course of the investigation, he considers that the facts justify the initiation of sanction proceedings, the rapporteur notifies the objections to the accused party, who may consult the file and submit his observations within a period of one month following notification. A copy of the notification is sent to the Chairman of the Centre national du cinéma et de l’image animée. Except in cases where the communication…

At the end of the investigation, the rapporteur draws up his report. In this report, he will state his position on the action he proposes to take on the investigation and, where applicable, on the sanctions provided for in article L. 422-1 that it considers appropriate. It communicates its report, together with the documents on which it is based, to the defendant, the Regulatory Control Commission and the President of…

At a meeting to which the accused party is invited, the rapporteur presents the facts of which he has knowledge to the Regulatory Control Commission. He sets out his opinion on these facts and, where appropriate, on the objections notified and his proposed penalty. During this meeting, the accused person, who may be assisted or represented by any person of his choice, is heard by the Regulatory Control Commission, which…