In view of the request made pursuant to the first paragraph of Article 495-18 or the complaint made pursuant to the second paragraph of article 495-19, the public prosecutor may either waive prosecution or proceed in accordance with articles 389 to 390-1,393 to 397-7,495 to 495-6or 495-7 to 495-16, or notify the interested party that the complaint is inadmissible if it is not substantiated or has not been made using the form attached to the fixed fine notice or the notice of increased fixed fine. The prosecutor’s inadmissibility decision may be challenged before the president of the correctional court or a judge appointed by the president of the judicial court.
In the event of a conviction, the fine imposed may not be less than the amount of the fixed fine in the case provided for in article 495-18, nor less than the amount of the increased fixed fine in the case provided for in article 495-19.
If the case is dismissed or the offender is acquitted, the amount of the deposit is repaid to the person to whom the notice of payment of the fixed fine was sent or who was prosecuted. The terms and conditions of this reimbursement are defined by regulation. In the event of conviction, the fine imposed may not be less than the amount provided for in the second paragraph of this article, increased by a rate of 10%.
By way of derogation from the second and third paragraphs, the court may, exceptionally, by a specially reasoned decision with regard to the person’s expenses and income, not impose a fine or impose a fine of an amount lower than those provided for in the same paragraphs.