When the victim of the offence is identified, he or she is informed of this procedure without delay, by any means. He or she is invited to appear at the same time as the perpetrator, accompanied if necessary by his or her lawyer, before the president of the judicial court or the judge delegated by him or her, in order to bring a civil action and claim compensation for his…
On pain of nullity of the proceedings, a report shall be drawn up of the formalities completed pursuant to articles 495-8 to 495-13. Where the person has not accepted the proposed sentence or sentences, or where the president of the judicial court or the judge delegated by him has not approved the public prosecutor’s proposal, the report may not be sent to the investigating or trial court, and neither the…
An accused person who, for one of the offences mentioned in article 495-7, a direct summons or a summons to appear in court pursuant to articles 390 or 390-1, a summons by procès-verbal pursuant to article 394 or a committal order pursuant to Article 179 may, either himself or through his lawyer, indicate to the public prosecutor that he acknowledges the charges against him and request that the procedure provided…
Implementation of the procedure provided for in this section does not prevent the Public Prosecutor from simultaneously issuing a summons to appear in court pursuant to Article 390-1. The referral to the court resulting from this summons to appear is null and void if the person accepts the proposed sentence or sentences and these are the subject of a homologation order.
The provisions of this section do not apply to minors under the age of eighteen or in respect of press offences, manslaughter or political offences.
Where provided for by law, public proceedings are extinguished by payment of a fixed fine set by law, which may not exceed the amount provided for in the first paragraph of Article 131-13 of the Penal Code, under the conditions set out in this section. However, the fixed fine procedure is not applicable if the offence has been committed by a minor or if several offences, at least one of…
The fixed fine must be paid within forty-five days of the offence being recorded or, if the offence notice is sent to the person concerned at a later date, within forty-five days of it being sent, unless the person concerned submits a request for exemption to the service indicated in the offence notice within the same period. This request is forwarded to the public prosecutor. However, the fixed fine is…
The writ of execution referred to in the last paragraph of article 495-18 is enforced in accordance with the rules laid down in this code for the enforcement of correctional judgements. The statute of limitations on the penalty begins to run from the date on which the public prosecutor signs the enforcement order, which may be individual or collective. Within thirty days of the date on which the notice inviting…
The request for exoneration provided for in article 495-18 or the claim provided for in article 495-19 is only admissible if it is sent by registered letter with acknowledgement of receipt, using the form attached to the fixed fine or increased fixed fine notice, and if it is accompanied either by a document showing that a prior deposit equal to the amount of the fixed fine has been paid, in…
In view of the request made pursuant to the first paragraph of Article 495-18 or the complaint made pursuant to the second paragraph of article 495-19, the public prosecutor may either waive prosecution or proceed in accordance with articles 389 to 390-1,393 to 397-7,495 to 495-6or 495-7 to 495-16, or notify the interested party that the complaint is inadmissible if it is not substantiated or has not been made using…
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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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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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