In the absence of opposition, the property confiscated by default becomes the property of the State on expiry of the period of prescription of the sentence.
The opposition shall be null and void if the opposing party does not appear on the date set for him either by the notification made to him orally and recorded in the minutes at the time the opposition was lodged, or by a new summons, delivered to the person concerned, in accordance with the provisions of Articles 550 et seq. However, in the event of an unsuspended custodial sentence, the…
In the cases provided for in the first to fifth paragraphs of article 494 and if justified by special circumstances, the court may, by a specially reasoned decision, modify the judgment against which the objection has been lodged, without the possibility of increasing the penalty. .
I.-The public prosecutor may decide to use the simplified ordonnance pénale procedure for the offences referred to in II of this article where it is clear from the criminal investigation that the charges against the accused are simple and established, that the information concerning the accused’s character, charges and resources is sufficient to enable the sentence to be determined, and that it does not appear necessary, given the minor seriousness…
The public prosecutor who chooses the simplified procedure communicates the prosecution file and his or her submissions to the president of the court. The president rules without prior discussion by means of a criminal order discharging the offender or sentencing him/her to a fine as well as, where applicable, to one or more of the additional penalties incurred, these penalties being able to be pronounced as the principal penalty. The…
The order shall mention the surname, first names, date and place of birth and domicile of the accused, the legal classification, date and place of the act imputed, a reference to the applicable texts and, in the event of conviction, the penalty or penalties imposed. The criminal order must be reasoned, particularly with regard to the provisions of I of article 495.
Where the victim of the acts has made a claim for damages or restitution in the course of the police investigation as a civil party in accordance with the second paragraph of article 420-1, the President shall rule on this claim in the criminal order. If he is unable to rule on this claim for one of the reasons mentioned in the last paragraph of the same article 420-1, he…
As soon as it is issued, the criminal order is forwarded to the public prosecutor who, within ten days, may either lodge an objection by declaration at the court registry, or pursue its enforcement. This order is brought to the attention of the accused by registered letter with acknowledgement of receipt. It may also be brought to the attention of the accused by the public prosecutor, either directly or through…
When the civil interests are decided, the civil party is notified of the criminal order in one of the ways provided for in the second paragraph of article 495-3. The civil party is informed that it has a period of forty-five days from this notification to lodge an objection to the civil provisions of the order. .
In the event of an opposition lodged by the public prosecutor or by the accused, the case shall be brought to the hearing of the criminal court. In the event of an opposition lodged by the accused on the civil provisions alone or by the civil party, the court shall rule in accordance with the penultimate paragraph of article 464. A judgment rendered in absentia, on the opposition of the…
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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
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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