Article L3354-2 of the French Public Health Code
November 7, 2023
Refusal to undergo the checks prescribed by article L. 3354-1 is punishable by one year’s imprisonment and a fine of €3,750.
Refusal to undergo the checks prescribed by article L. 3354-1 is punishable by one year’s imprisonment and a fine of €3,750.
Where the act that gave rise to the criminal prosecution can be attributed to an alcoholic state, the criminal court hearing the prosecution may temporarily prohibit the convicted individual from holding a public service job or a job under a concession where safety is directly at stake, as well as from obtaining or holding a hunting licence. In the event of a repeat offence, the ban may be made permanent.
Failure to comply with the prohibitions set out in article L. 3354-3 is punishable in the event of a repeat offence by one year’s imprisonment and a fine of €3,750.
A decree of the Conseil d’Etat shall determine the measures that must be taken to facilitate the performance of the examinations provided for in article L. 3354-1 with a view to establishing a diagnosis of alcoholism.
Associations whose statutory purpose includes the fight against alcoholism, which have been duly registered for at least five years on the date of the events, may exercise the rights granted to civil parties for the offences provided for in this Title. The same rights may be exercised by the consumer associations referred to in article L. 421-1 of the Consumer Code for the offences provided for in Chapter I of…
The rights provided for in Article L. 3355-1 are also recognised for trade unions formed in accordance with the law of 31 March 1884 for the defence of the general interests of the drinks trade.
Persons found guilty of one of the offences referred to in articles L. 3351-1, L. 3351-3, L. 3352-1, L. 3352-5 and the first paragraph of article L. 3353-3 shall be liable to the additional penalty of disqualification from the civic, civil and family rights referred to in article 131-26 of the French Criminal Code for a period of at least one year and at most five years.
Natural persons guilty of an offence under this Title may also be liable to temporary or permanent closure of the establishment.
In the event of prosecution for an offence that may result in the temporary or permanent closure of a public house, the Public Prosecutor’s Office will take the steps provided for in the last paragraph of article 706-37 of the Code of Criminal Procedure. When the person holding the licence or owning the public house is not being prosecuted, the temporary or permanent closure measures may only be ordered if…
Natural persons guilty of an offence under this Title are liable to the additional penalty of temporary or permanent disqualification from the profession of tobacconist. In the event of prohibition from practising the profession as provided for in the previous paragraph or in the event of closure of an establishment as provided for in article L. 3355-4, the period during which the convicted persons must continue to pay their staff…
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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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