Legislative part

Any police offence, even if committed as a repeat offender, may be subject to the simplified procedure provided for in this chapter. This procedure is not applicable: 1° (Repealed) 2° If the accused, perpetrator of a fifth class contravention, was under eighteen years of age on the day of the offence. This procedure may no longer be pursued where the victim of the damage caused by the contravention has summoned…

The public prosecutor who chooses the simplified procedure communicates the prosecution file and his or her submissions to the competent judge of the police court. The judge rules without prior debate by a criminal order either acquitting the accused or sentencing him or her to a fine and, where applicable, to one or more of the additional penalties incurred. If he or she considers that an adversarial debate is useful,…

The order contains the surname, first names, date and place of birth and domicile of the accused, the legal description, date and place of the alleged offence, a reference to the applicable laws and, in the event of a conviction, the amount of the fine and the duration of the judicial restraint. The judge is not required to give reasons for the criminal order.

The Public Prosecutor may, within ten days of the order, lodge an objection to its enforcement by declaration at the court registry. If, on expiry of the period provided for in the previous paragraph, the Public Prosecutor has not lodged an objection, the criminal order shall be notified to the accused in the manner provided for in the second paragraph of article 495-3 and enforced in accordance with the rules…

In the event of opposition lodged by the public prosecutor or the accused, the case shall be brought before the police court in the forms of ordinary procedure. The judgment rendered in absentia, on the opposition of the accused, is subject to opposition under the conditions provided for in articles 489 to 494-1. Until the opening of the hearing, the accused may expressly waive his opposition. The criminal order then…

A criminal order that has not been opposed has the effects of a judgment that has become res judicata. However, it does not have the authority of res judicata with regard to the civil action for damages caused by the offence.

The provisions of this chapter do not preclude the right of the injured party to summon the offender directly before the Police Court, under the conditions laid down in this Code. When the summons is issued after a criminal order has been made on the same facts, the police court shall rule: On the public prosecution and on civil interests if the criminal order has been opposed within the time…