When the composition pénale includes the therapeutic injunction provided for in 17° of article 41-2, this is carried out in accordance with the provisions of code de la santé publique, in particular the articles L. 3413-1 to L. 3413-4 of this code, under the supervision of the public prosecutor’s delegate.
Where the provisions of the fifteenth paragraph of Article 41-2, the public prosecutor shall ensure, directly or through the person designated by him, that the perpetrator makes good the harm suffered by the victim within the prescribed timeframe.
When, for serious medical, family, professional or social reasons, the person has been unable to carry out the measures decided upon within the prescribed time limits, and these time limits are less than the maximum time limits provided for by articles 41-2 and 41-3, the public prosecutor may extend the time limits for implementing these measures, but may not exceed the said time limits.
When the measure(s) decided upon have been carried out in full, the public prosecutor or the person designated by him or her will record the completion of the penal composition. The public prosecutor will notify the person concerned and, where applicable, the victim of the termination of the public prosecution.
When the penal composition has taken place following the commission of an offence provided for by articles 222-19-1 or 222-20-1 of the Penal Code or articles L. 234-1 or L. 234-8 of the Highway Code or any other offence or contravention giving rise to the withdrawal of driving licence points, the public prosecutor sends the services of the Ministry of the Interior a notice informing them of the execution of…
If proceedings are initiated in the cases provided for in the twentieth paragraph of Article 41-2, the file relating to these proceedings, which may include details of the measures carried out in whole or in part by the person concerned, is communicated to the trial court, so that it can take them into account when handing down its decision in the event of a conviction.
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…
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…
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…
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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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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