Chapter II: The Public Prosecutor's Office

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…

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…

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…

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…

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…

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…

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…

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…

During the investigation or when no court has been seised or when the court seised has exhausted its jurisdiction without having ruled on the restitution of items placed in the hands of justice, the public prosecutor or the public prosecutor is competent to decide, ex officio or on request, on the restitution of these items when ownership is not seriously contested. There shall be no grounds for restitution where restitution…

When, in the course of the investigation, it proves impossible to return seized movable property whose retention is no longer necessary to establish the truth, either because the owner cannot be identified, or because the owner does not claim the item within one month of a formal notice sent to his or her home, the public prosecutor may, subject to the rights of third parties, authorise the destruction of this…