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French Code of Criminal Procedure

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Article 40-3 of the French Code of Criminal Procedure

November 8, 2023

Any person who has reported facts to the public prosecutor may lodge an appeal with the public prosecutor against the decision to close the case with no further action taken following this report. The public prosecutor may, under the conditions set out in Article 36, order the public prosecutor to initiate proceedings. If he considers the appeal to be unfounded, he will inform the person concerned accordingly. .

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Article 40-4 of the French Code of Criminal Procedure

November 8, 2023

When the victim wishes to act as a civil party and requests the appointment of a lawyer after having been informed of this right pursuant to 3° of Article 10-2, the public prosecutor, notified by the officer or agent of the judicial police, if he or she decides to initiate public proceedings, shall immediately inform the President of the Bar Association. If he decides not to do so, he will…

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Article 40-4-1 of the French Code of Criminal Procedure

November 8, 2023

A victim who wishes to bring a civil action may declare: 1° A personal address; 2° The address of a third party, subject to the third party’s express agreement. However, this agreement is not required when the person is a representative of the public authority or entrusted with a public service mission and the offence was committed because of his functions or mission, if the declared address is his professional…

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Article 40-5 of the French Code of Criminal Procedure

November 8, 2023

In the event of a person’s escape, the public prosecutor shall immediately inform the victim of the acts that led to the detention or the victim’s family of the escape, if the escape is likely to put them at risk and unless it does not seem appropriate to provide this information in view of the risk it could entail for the perpetrator.

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Article 41 of the French Code of Criminal Procedure

November 8, 2023

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…

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Article 41-1 of the French Code of Criminal Procedure

November 8, 2023

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…

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Article 41-1-2 of the French Code of Criminal Procedure

November 8, 2023

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…

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Article 41-1-3 of the French Code of Criminal Procedure

November 8, 2023

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…

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Article 41-2 of the French Code of Criminal Procedure

November 8, 2023

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…

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Article 41-3 of the French Code of Criminal Procedure

November 8, 2023

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…

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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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