Draft:Contravention in French criminal law
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In French criminal law, contravention is the least serious category of offenses (the other two categories of offenses being misdemeanors and felonies[1]), with penalities typically amounting to less than or equal to 3,000 euros in fines .[2] This type of offense, called "contraventional," is not limited to traffic violations (traffic code), nor to written notices given to the offender by law enforcement officers who witnessed the committed offense (timbre-amende ). They are classified into five classes of severity.
Contravention cases are adjudicated in the police tribunal. In cases of contraventions ranging from the 1st to the 4th class, a police commissioner or another official, known as an officer of the public prosecutor's office, acts as a substitute for the Republic in the police court. For contraventions of the 5th class, the public prosecutor from the court of first instance in the jurisdiction where the contravention took place must be present to fulfill their role as the defender of public order and society.
Regime of Contraventions
[edit]The system of contraventions is established by the Constitution of October 4, 1958, the Penal Code, and the Code of Criminal Procedure. These laws were introduced in 1958, replacing the Code of criminal procedure established by Napoleon in 1808.
The regime of Contraventions in the Constitution
[edit]Article 34 of the Constitution , which pertains to the scope of the law, does not include provisions concerning contraventional offenses, in contrast to crimes and misdemeanors: "The law establishes the rules concerning: [...] the determination of crimes and misdemeanors, as well as the penalties applicable to them."
Article 34 exhaustively lists the areas of law, so contraventions are within the scope of regulations. The second paragraph of Article 37 of the French Constitution states: "Matters other than those within the purview of the law are regulatory."
However, according to Article 34, the legislator establishes the general principles: These are the criminal procedure and the protection of fundamental rights.
The regime of contraventions in the Penal Code
[edit]The regime of contraventions is included in the Penal Code:
- for natural persons (personne physique) – articles 131-12 and following,
- for legal entities (personne morale) – articles 131-40 and following,
- but also for the police — R610-1 and following.
Determination of Contraventions
[edit]French contraventions are determined by regulations ,[3][a] specifically by decree in the Council of State .[4][b] The regulatory authority is responsible for establishing, modifying, or removing contraventions. Contraventions are categorized into five classes based on their severity.
Classifying contraventions | Offense severity (Examples of offenses against persons) |
---|---|
1st class | Defamation and non-public insults |
2nd class | Acts resulting in physical harm without ITT (Incapacité Totale de Travail; in English:Temporary Work Incapacity) due to clumsiness, carelessness, inattention, negligence, or failure to meet safety or prudence obligations |
3rd class | Threats of violence, offensive behavior, or disturbances at night disrupt the peace and tranquility of others |
4th class | Voluntary violence not resulting in any ITT |
5th class | Non-public defamation committed against a person or group based on: ethnicity, nationality, race, religion, voluntary violence resulting in an ITT of less than or equal to 8 days;
Acts resulting in physical harm due to clumsiness, carelessness, inattention, negligence, or failure to fulfill a safety obligation or exercise prudence, leading to an ITT of three months or less; Physical assaults not resulting in any ITT due to the manifestly deliberate violation of an obligation of prudence or safety (characterized fault). |
Determination of penalties
[edit]The French legislature establishes the general principles of contraventional penalties, including the main penalty of fine and supplementary penalties . However, it is the regulatory authority that determines the specific penalty for each contravention. The authority has the discretion to increase or decrease the penalty for a contravention by adjusting its classification.
Exclusive main penalty: the contraventional fine
[edit]The primary penalty for resolving a violation in France is a fine. The law specifies that when a contraventional fine is imposed, it cannot be combined with supplementary penalties.[5][c] The amount of the contraventional fine is determined by French law[2] based on the class of contravention committed.
Classification of Contraventions | Amount of fine |
---|---|
1st class | €38 maximum |
2nd class | €150 maximum |
3rd class | €450 maximum |
4th class | €750 maximum |
5th class | €1,500 maximum (€3,000 maximum for repeat offences) |
- There is no minimum contraventional fine penalty, which was not the case in the former French Penal Code, repealed in 1994, stating, "The fine for police contravention shall not be less than 30 francs nor exceed 12,000 francs." In addition, the former Penal Code also allowed imprisonment as the main penalty, limited to 2 months.[d]
- There is no increase in the amount of the contraventional fine in case of habitual offender unless specified by regulations (the contraventional fine is then 3,000 euros), or if the recurrence would constitute a misdemeanor.
- For legal entities, the "maximum rate of the fine applicable to legal entities is five times that provided for natural persons by the regulation punishing the offense."[7]
To tailor the penalty, fines may be accompanied by a simple suspension, according to specific modalities,[8] or fractionated[9] for "serious medical, family, professional, or social reasons."
Supplementary penalties
[edit]In addition to the fine, other penalties may be imposed, possibly cumulated, to individualize the penalties . The following legal penalties may be cited in this regard:[10]
- Suspension of the convicted person's driver's license;
- Immobilization of a vehicle owned by the convicted person;
- Confiscation of weapons, or prohibition of possession;
- Revocation of the hunting license;
- Prohibition from issuing checks;
- Confiscation of the item used or intended to commit the offense, or its product;
- Prohibition from driving certain motor vehicles;
- Obligation to undergo a road safety awareness course at one's own expense;
- Obligation to undergo a citizenship course if necessary at one's own expense.
Contentious procedure
[edit]A contentious procedure concerning contraventions begins with a private prosecution or the voluntary appearance of the parties, or even by a referral order from the examining magistrate. The police court is competent for this procedure since the suppression of the local court which handled contraventions of the first four classes from 2005 to 2017.
Procedure before the Police Court
[edit]The French police court is the common law court that handles contraventions.[11][e] It consists of a single judge, a court clerk, and a public prosecutor or one of their substitutes. This court replaced the district court on January 1, 2020.[12]
In France, there are three procedures for judging contraventions: the ordinary procedure, which is more time-consuming, the simplified procedure, and the procedure for a fixed fine.
Default procedure
[edit]The default procedure is the one that applies when no other procedure is chosen.
Simplified Procedure
[edit]Only a public ministry can request the initiation of a simplified procedure instead of a default one.[13] This procedure applies to all contraventions, including those committed in a state of recidivism. However, contraventions of the labor code and 5th-class contraventions committed by a minor are not eligible for this simplified procedure.[14]
The key feature of the simplified procedure is the lack of prior adversarial debate . In this process, the judge of the local or police court can issue a penal order[f] without hearing the accused. The law specifies that it is not always mandatory to hear the accused, particularly when the offense has been witnessed by a police officer or gendarme. However, if the judge deems it necessary to have an adversarial debate, the procedure can be continued in the regular form.[13]
If the judge proceeds with the simplified procedure, they may issue a verdict of relaxe or conviction, along with a fine or additional penalties.
The French judge is not required to justify the penal order that has been issued. "The name, first name, date and place of birth, and domicile of the accused, the legal qualification of the offense, the date and place of the alleged act, the mention of the applicable texts, and, if convicted, the fine amount and duration of any judicial constraints" must necessarily appear in the order.[15]
In the context of a simplified procedure, French law specifies the following:
"The penal order, to which no opposition has been made, has the effects of a judgment in res judicata. However, it does not have the authority of res judicata concerning the civil action for damages resulting from the offenses.”
The penal order is enforceable for the penalty it imposes, and the public force can be called upon to enforce it. There is no further recourse available, such as an appeal or cassation appeal . However, the victim can appeal for personal compensation for the consequences of the offense, particularly through damages . Any appeal will be heard by a civil chamber of the Court of Appeal in the relevant jurisdiction.
Opposition to the execution of a penal order
[edit]To narrow the scope of this exception to the adversarial principle, a procedure is in place to challenge a penal order that has been issued, enabling a return to the standard adversarial process before the appropriate court.[16]
The public prosecutor must file his opposition within 10 days after the penal order is issued. The order can only be notified to the accused after these 10 days have passed. The accused then has 30 days (from the date of receiving the notification) to file his opposition[16][g] with the registry of the appropriate court.
Filing an opposition has a suspensive effect : upon receiving the notice of opposition to the penal order, the public treasury accountant suspends the collection of the fine.[16][h]
Procédure lors d'une amende forfaitaire
[edit]The French Code of Criminal Procedure includes provisions for imposing a fine in cases of violating specific legal regulations.
In the case of a fixed fine, individuals who commit offenses classified in the first four classes, as determined by decree, can avoid prosecution by paying a predetermined fine within 45 days of the offense being detected or receiving a notice of violation. The fixed fine applies to all offenses classified in classes 1 to 4 of the Highway Code.
The fine is subject to an increase if the payment deadlines are not met by the offender unless a formal challenge has been submitted within the specified time frame.
On the other hand, the fine is reduced for specific violations of the Highway Code (excluding parking offenses) if the offender pays within 3 days of the offense being discovered or within 15 days if the notice of violation is sent later to the individual involved.
The procedure for the fixed fine does not apply in cases where multiple offenses are found simultaneously, at least one of which does not qualify for a fixed fine.
Fixed fines are applicable for contraventions in the first four classes.
Reduced fixed fine | Fixed fine | Increased fixed fine | Maximum | |
---|---|---|---|---|
1st class* | No minorities | €11 (€17 for parking violations) | €33 | €38 |
2nd class* | €22 | €35 | €75 | €150 |
3rd class* | €45 | €68 | €180 | €450 |
4th class* | €90 | €135 | €375 | €750 |
* Except for offenses related to stopping and parking. |
The fixed fine amount for offenses related to stopping and parking in the 1st class is 17 euros.
The challenge to the imposed fine or "exemption request" should be directed to the Public Prosecutor, whose contact details are provided on the notice of contravention, within 45 days of receiving the notice. The original notice of contravention must be included with the exemption request.
Procedure for infringement in public transport
[edit]When a person commits an offense on public transport, such as failing to present a transport ticket, public action is extinguished through a transaction involving payment of a fixed indemnity to the operator (RATP, RTM, SNCF, etc.). These offenses are recorded by sworn agents of the operator.
The fixed indemnity amount varies based on the operators and offenses, but it cannot exceed the thresholds set by the regulatory authority for different punishable offenses. The indemnity is paid promptly to the controller, or if unavailable, the controller can gather the alleged offender's name and address to issue a contravention report. The offender has the option to pay the fixed indemnity later, with possible additional administrative fees.
The offender can send a challenge to the operator, who may accept or reject it. If rejected, the challenge is forwarded to the public prosecutor, initiating an ordinary procedure.
See also
[edit]References
[edit]- Unless otherwise stated, legal articles are sourced from the French Penal Code.
- Citations
- ^ Legifrance, Penal code, 111-1.
- ^ a b Legifrance, Penal code, 131-13.
- ^ Legifrance, Penal code, 111-2.
- ^ Legifrance, Penal code, R610-1.
- ^ Legifrance, Penal code, 131-15.
- ^ a b Legifrance, Penal code, 131-14.
- ^ Legifrance, Penal code, 131-38.
- ^ Legifrance, Penal code, 132-33.
- ^ Legifrance, Penal code, 132-28.
- ^ Legifrance, Penal code, 131-16.
- ^ Legifrance, Criminal procedure code, 521.
- ^ Legifrance, Criminal procedure code, 45.
- ^ a b Legifrance, Criminal procedure code, 525.
- ^ Legifrance, Criminal procedure code, 524.
- ^ Legifrance, Criminal procedure code, 526.
- ^ a b c Legifrance, Criminal procedure code, 527.
- Notes
- ^ Notes on CP 111-2:
- The bylaw defines contraventions and establishes penalties for offenders within the limits and distinctions set by law.
- ^ The types of violations and their corresponding categories are established by a decree of the French Council of State.
- ^ Notes on CP 131-15:
- ^ Article 465 of the former French penal code.
- ^ Notes on CPP 521:
- The Police Court deals with contraventions.
- ^ When a court rules with a single judge, the decision is called an order. However, when there are several judges involved, the decision is referred to as a judgment.
- ^ If it is unclear from the receipt notice that the accused has received the notification letter, the opposition remains valid until thirty days after the interested party becomes aware of the sentence through execution or other means. During this time, the party can still oppose and has access to the necessary forms and deadlines for opposition.
- ^ Notes on CPP 527:
- The treasury accountant halts collection immediately upon receiving the notice of opposition to the penal order issued by the clerk's office.
Works cited
[edit]- République française; Secrétariat général du gouvernement (19 October 2022). "Légifrance Le service public de la diffusion du droit" [The public service for dissemination of the law]. Légifrance. Direction de l'information légale et administrative. ISSN 2270-8987. OCLC 867599055.
Further reading
[edit]- John Bell; Sophie Boyron; Simon Whittaker (27 March 2008). Principles of French Law (2 ed.). OUP Oxford. pp. 129–. ISBN 978-0-19-101889-3. OCLC 865331945.
- Bermann, George A.; Picard, Etienne, eds. (1 January 2008). Introduction to French Law. Kluwer Law. ISBN 978-90-411-2466-1. OCLC 219574344.
- Bridge, F. H. S.; Council of Europe (1 January 1994). The Council of Europe French-English Legal Dictionary. Council of Europe. ISBN 9789287124968. OCLC 1232989547.
- Cairns, Walter; McKeon, Robert C.; McKeon, Robert (1995). Introduction to French Law. Cavendish. ISBN 978-1-85941-112-4. OCLC 246842627.
- Ambroise-Castérot, Coralie; Renucci, Jean-François; Céré, Jean-Paul; Léna, Maud (3 July 2019). Code de procédure pénale 2020, annoté. Code de procédure pénale (61 ed.). Paris: Dalloz. ISBN 978-2-247-18658-7. OCLC 1111223526. [Code of criminal procedure 2020 , annotated]
- Jacques de Maillard; Wesley G. Skogan, eds. (2021). Policing in France. Routledge, Taylor & Francis Group. ISBN 978-0-367-13524-9. OCLC 1144787505.
- de Noblet, Christel (2004). French legal methodology. Leicester, U.K.: Institute of Art and Law. ISBN 9781903987049. OCLC 74813080.
- Dickson, Brice; Hübner, Ulrich (1994). Introduction to French law. London: Pitman. ISBN 9780273601401. OCLC 3479836.
- Doucet, Jean-Paul (11 April 2019). "Dictionnaire de droit criminel" [Dictionary of Criminal Law] (in French). Archived from the original on 7 January 2023.
- Elliott, Catherine; Jeanpierre, Eric; Vernon, Catherine (2006). French Legal System (Second ed.). Harlow, England: Pearson/Longman. ISBN 978-1-4058-1161-3. OCLC 70107160.
- Hodgson, Jacqueline (8 November 2005). French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France. Bloomsbury Publishing. ISBN 978-1-84731-069-9. OCLC 1048749661.
- Isom, David (16 November 2022), Legal System - French Legal Research Guide - Guides at Georgetown Law Library, Georgetown Law Library, retrieved 1 March 2023 see 'loi'
- French Ministry of Justice (2023). "Lexique | Justice.fr" [Glossary | Justice.fr]. Ministère de la Justice (in French).
- Kock, Gerald L.; Frase, Richard S. (1988). The French code of criminal procedure. American series of foreign penal codes, 29 (revised ed.). Littleton, Colo: F.B. Rothman. ISBN 9780837700496. OCLC 1080434512.
- French Ministry of Justice (4 December 2008). "L'infraction". Ministère de la Justice (in French). Retrieved 3 January 2023.
- Pin, Xavier (2020). Droit pénal général 2021 [General criminal law 2021]. Cours (in French) (12 ed.). Paris: Dalloz. ISBN 978-2-247-20307-9. OCLC 1201687783.
- Steiner, Eva (4 March 2010). French Law: A Comparative Approach. OUP Oxford. ISBN 978-0-19-923237-6. OCLC 1026108285.