As part of a CRPC, the public prosecutor may propose one of the following penalties provided for by law.

The fine

The offender will be offered to pay a fine to end the prosecution.

Prison sentence

However, the proposed prison sentence cannot be more than 1 year in prison, nor more than half of the sentence provided for by the texts.

Example: Simple theft is punished with 3 years in prison. So the proposed sentence cannot be more than 12 months in prison.

Main or additional penalties

These penalties may be at the choice of the public prosecutor and applied as the main penalty (only one of these penalties will apply) or as an additional (fine + TIG General Interest Work, etc.)

Article 41-2 gives the public prosecutor a choice among a whole range of measures:

Payment of a composition fine to the Public Treasury (fiscal stamp or certified check)

The amount is set according to the seriousness of the facts and the financial capacity of the offender. The public prosecutor can grant a deadline within the limit of one year.

Return of the object used to commit the offense

Either the police services, after having obtained the consent of the person concerned, send the object to the court registry (seal service); or the perpetrator himself submits the object to the registry. He must then present the receipt proving compliance with his obligation to the police or to the delegate of the prosecutor.

Handing over the vehicle for immobilization for a maximum period of 6 months

This provision is not possible for contraventions of the first four classes, except article 131-16, 1 ° and 5 ° of the penal code provides for it as additional penalties.

Handing over of driving license or hunting license

It can be retained for a maximum period of 6 months if the offense is a misdemeanor and 3 months if it is a contravention.

This provision does not apply to contraventions of the first 4 classes, unless article 131-16 1 ° to 5 ° of the penal code provides for it as additional penalties.

This delivery must be made to the delegate of the prosecutor or to the registry against receipt.

The measurement will end on the date specified in the measurement validation report

Update on the white license

In the event of license retention or suspension, the offender may be authorized to drive within the framework of his professional activity. He will be issued a white license under the conditions provided for in articles R.131-1 and R.131-3 of the penal code.

The accomplishment of a work of general interest (TIG)

The TIG is limited to a maximum duration of 30 or 60 hours and within a period which cannot exceed 6 months for an offense and 3 months for a fine.

This provision cannot be considered for contraventions of the first four classes, unless article 131-16, 1 ° and 5 ° of the penal code provides for it as additional penalties.

The measure will be monitored by the delegate of the prosecutor, the penitentiary integration and probation service (SPIP) or any person designated for this purpose in accordance with articles R.131-23 to R.131-34 of Penal Code.

Prohibition on issuing checks and using payment cards

It is not a question here of repressing a lack of funding of his bank account (liable to a banking ban which will have to be regularized) but the offenses of fraudulent means of payment such as the fraudulent use of checks , credit cards ...

This ban is limited to a maximum period of 6 months for offenses and 3 months for fines.

This provision cannot be considered for contraventions of the first four classes, unless article 131-16, 1 ° and 5 ° of the penal code provides for it as additional penalties.

The ban on appearing in places where the offense was committed

This sentence is limited to a maximum period of 6 months. It is up to the public prosecutor to precisely specify the places concerned.

This measure does not apply if it concerns the places where the offender usually resides, or a fine.

This measure should not be confused with that of estrangement taken in the event of violence within the couple.

The prohibition to meet, receive or enter into contact with the victim (s) or with the co-perpetrator (s) or possible accomplices

This measure is particularly suitable when an investigation is in progress. The persons affected by this prohibition must be designated by name by the public prosecutor.

This measure is not applicable to tickets.

The ban on leaving the national territory and the surrender of his passport

This measure is limited to a maximum period of 6 months.

It does not apply to tickets

Removal from the marital home and / or the ban on appearing in this home or in the immediate vicinity

The prosecutor may also take other specific measures (Grand Danger Telephone, etc.) observed in detail on the page dedicated to violence in couples.

Reparation or compensation for damage caused to the victim

The obligation to follow an internship or training

The internship takes place over a few days or half-days, while the training takes place in a health, social or professional service or organization for a period of 3 to 18 months maximum.

The circular of November 8, 2002 specifies that “this measure may consist of a road safety awareness course, already set up by many jurisdictions, and is thus of particular interest in the event of driving under the control of a state. alcoholic. "

The costs of the internship or training are the responsibility of the offender.

There are several internships or training courses specially adapted to the offense, or to the profile of the person prosecuted, such as:

  • The citizenship course

No time limit is provided for by law. But it cannot extend over more than a day, or even half a day.

  • The training course to raise awareness of the dangers of drug use
  • The therapeutic injunction

This measure will be possible if the offender is addicted to the use of narcotics or to habitual and excessive consumption of alcohol; or if the offense is related to these addictions.

Note: Articles 41-2 of the Code of Criminal Procedure and 7-2 of the ordinance of February 2, 1945, provide for the application of alternative measures for minors over 13 years old. In this case, the prosecutor will have to obtain the agreement of the legal representatives to put it in place.

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A comment

  1. Good evening I passed a year ago for blood alcohol level 1.16 and I go back for 1.06 I have the license am can it withdraw it to me and that I risk the prison. Wishing you good reception .

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