Regulatory part - Council of State decrees

The public prosecutor may propose either directly or through a delegate or mediator a penal composition, pursuant to the provisions of articles 41-2 and 41-3.

The person to whom a penal composition is proposed may ask to be given a period of ten days before making known his decision after having, if necessary, been assisted by a lawyer. If they request this period, they are informed of the date and time when they are invited to reappear to make their response known. They will be informed that if they do not appear, they will be…

The minutes provided for in the twenty-sixth paragraph of l’article 41-2 précise : the nature of the alleged offences and their legal classification; the nature and quantum of the measures proposed pursuant to 1° to 19° of article 41-2, as well as the time limits within which they must be carried out where one of the proposed measures consists of the completion of a probationary period, it is specified whether…

Where there is no need to validate the penal composition proposal because it relates to an offence punishable by a prison sentence of up to three years and consists of a composition fine not exceeding three thousand euros or the divestment of an item whose value does not exceed this amount, the provisions of the two penultimate paragraphs of Article R. 15-33-40 are not applicable.

The surrender of the driving or hunting licence provided for in 4° and 5° of Article 41-2 implies an undertaking on the part of the person not to drive or hunt during the period their licence is surrendered. When the surrender of the driving licence is proposed, this undertaking may be limited to driving outside of professional activities, unless this limitation is expressly excluded by the law or regulation that…

The obligation laid down in 4° bis of article 41-2 to follow a rehabilitation and awareness programme involving the installation of an alcohol ignition interlock device on his vehicle at his own expense, for a minimum period of six months and a maximum period of three years, entails the following two obligations for the person: 1° Attend a road safety awareness course; 2° Provide proof that their vehicle has been…

The performance of unpaid work provided for by 6° of article 41-2 consists in the performance of work for the benefit of either a legal person governed by public law, or a legal person governed by private law entrusted with a public service mission or an association authorised pursuant to the provisions of the articles R. 131-12 to R. 131-16 of the Penal Code.

When the penal composition occurs following an offence provided for in articles 222-19-1 or 222-20-1 of the Penal Code or to the articles L. 234-1 or L. 234-8 of the Highway Code or any other offence giving rise to the withdrawal of driving licence points, the official report referred to in Article R. 15-33-40 includes a statement informing the person of the loss of points that will result from the…

When the proposal for a penal composition has been brought to the person’s attention by a judicial police officer pursuant to the provisions of the sixteenth paragraph of Article 41-2, the written decision of the public prosecutor provided for by this paragraph is appended to the report mentioned in article R. 15-33-40 which is signed by the judicial police officer.