Where the provisions of the fifteenth paragraph of Article 41-2, the report referred to in Article R. 15-33-40 or a separate record specifies the conditions under which the victim was informed, which may be by any means, was carried out. The victim is informed of his or her right to request the assistance of a lawyer.
The request for validation of the penal composition is dated and signed by the public prosecutor. Attached to it are the reports provided for in the articles R. 15-33-40 and R. 15-33-45 and the full investigation procedure.
When the president of the court decides to hear the perpetrator and the victim, they are summoned by any means. The president of the court may hold a joint hearing or separate hearings. These hearings, which are recorded in minutes signed by the presiding judge and the parties concerned, are not open to the public. The public prosecutor is informed of these hearings and may attend if he or she…
The public prosecutor may inform the police or gendarmerie services involved in the investigation that the penal composition has been validated, in particular when it includes one of the measures provided for in 4°, 5°, 9°, 10° and 11° of l’article 41-2 and the non-execution of this measure is likely to be observed by these services.
In the case provided for in Article R. 15-33-40-1, the provisions of this paragraph shall not apply.
When the penal composition has been validated or, in the case provided for by article R. 15-33-40-1, where the proposed measures have been accepted, the public prosecutor may appoint a delegate or mediator for the purpose of implementing the measures decided upon and monitoring the conditions under which they are carried out. When the penal composition includes the performance of unpaid work, the prison integration and probation service is solely…
The public prosecutor or the person designated by him sends or gives the offender a document informing him of the validation of the penal composition, the measures to be carried out and the conditions under which these measures must be carried out. This document includes a statement to the effect that if the person fails to carry out these measures, the public prosecutor will decide, unless there is new information,…
Where the settlement consists of the payment of a settlement fine, payment is made to an accountant of the Directorate-General of Public Finance and exclusively, by way of derogation from Article 25 of Decree no. 2012-1246 of 7 November 2012 relating to public budgetary and accounting management, either by submission of a certified cheque under the conditions provided for in Article R. 131-2 of the Monetary and Financial Code, or…
When the settlement consists of the seizure of an item in favour of the State, the person must return the item to the court clerk’s office against a receipt within the allotted time. If the item has been seized and is still in the possession of the investigating department, the latter is notified of the validation decision and sends the seal to the court registry. Once the court clerk’s office…
When the composition pénale includes the handing over of the vehicle for immobilisation as provided for in 3° of article 41-2, this surrender shall be carried out in accordance with the provisions of the articles R. 131-5 to R. 131-11 of the Criminal Code. References in these articles to the sentencing decision are replaced by references to the order validating the penal composition.
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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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