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Article R15-33-60-1 of the French Code of Criminal Procedure

The Public Prosecutor will inform the victim, when identified, by any means of his decision to propose the conclusion of a judicial public interest agreement to the accused legal entity. The Public Prosecutor will then set a time limit within which the victim may submit any information that may help to establish the reality and extent of the harm suffered. The Public Prosecutor will then inform the victim by any…

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Article R15-33-60-2 of the French Code of Criminal Procedure

When the Public Prosecutor wishes to propose the conclusion of a judicial public interest agreement, he shall indicate to the accused legal entity the possibility of being assisted by a lawyer. Except where the proposal is made pursuant to Article 180-2, if he has not done so previously, the Public Prosecutor shall make use of the option provided for in II of Article 77-2. The proposed agreement specifies: 1° The…

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Article R15-33-60-3 of the French Code of Criminal Procedure

The request for validation of the agreement mentioned in the eighth paragraph of Article 41-1-2 shall be dated and signed by the public prosecutor. The request referred to in the first paragraph is notified to the legal representatives of the legal entity and, where applicable, to the victim, by registered letter with acknowledgement of receipt. These persons are also informed in the same way of the date, time and address…

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Article R15-33-60-4 of the French Code of Criminal Procedure

At the end of the hearing referred to in the ninth paragraph of Article 41-1-2, the order of the president of the court is immediately notified to the legal representatives of the legal entity and, where applicable, to the victim. A copy is given to them after they have signed for it. If the victim is absent from the hearing, the order referred to in the first paragraph is communicated…

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Article R15-33-60-5 of the French Code of Criminal Procedure

If the president of the court issues a validation order, it specifies that the legal entity has a period of ten days to exercise its right of withdrawal by registered letter with acknowledgement of receipt sent to the public prosecutor. The representatives of the legal entity are also given a document informing them of the conditions under which the obligations laid down must be fulfilled. This document is accompanied, if…

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Article R15-33-60-6 of the French Code of Criminal Procedure

Where the agreement provides for the payment of a public interest fine, payment shall be made to an accounting officer of the Directorate-General of Public Finance. The accounting officer of the Directorate General of Public Finance mentioned in the previous paragraph receives the payment accompanied by the document provided for in Article R. 15-33-60-5. Once the payment has been signed off by the accountant, two sheets are returned or given…

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Article R15-33-60-7 of the French Code of Criminal Procedure

Where the agreement provides for the implementation of a compliance programme, the public prosecutor communicates the validation order and the agreement to the department responsible for its control. This department reports to the public prosecutor, at his request and at least annually, on the implementation of the programme. It informs him of any difficulties. It will also send him a report at the end of the period for implementing the…

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Article R15-33-60-9 of the French Code of Criminal Procedure

When the obligation(s) of the agreement have been fully performed, the public prosecutor notifies the representatives of the legal entity and, where applicable, the victim of the termination of the public prosecution. If the agreement was concluded in the context of a judicial investigation, the public prosecutor also informs the investigating judge of the termination of the public prosecution.

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Article R15-33-60-10 of the French Code of Criminal Procedure

Where the obligation or obligations of the agreement are not fully performed, the interruption of performance of the agreement referred to in the seventeenth paragraph of Article 41-1-2 is recorded by the public prosecutor and notified to the representatives of the legal entity by registered letter with acknowledgement of receipt. The victim is notified by any means. If sums have been paid in respect of the public interest fine, the…

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