sanctions
LexInter | September 3, 2002 | 0 Comments

SANCTIONS

Article L226-6
The standard fine procedure is applicable to contraventions of the measures taken in application of this title.
Article L226-7
The measures provided for in Articles L. 25 to L. 26 of the Highway Code are applicable to vehicles in violation of the provisions of this title or of the texts adopted for its application.
Article L226-8
I. – When one of the officials or agents designated in Article L. 226-2 finds the non-observance of the provisions provided for in this title or of the texts and decisions taken for its application, the prefect gives notice to the person concerned to meet these obligations within a specified time-limit, and invites it to submit its observations within the same time-limit.
II. – If, at the end of this period, he has not complied with this injunction, the prefect may:
1 ° Prescribe the deposit in the hands of a public accountant of a sum responsible for the work or operations of compliance; this sum is returned as and when they are executed. For the recovery of this sum, the State enjoys a privilege of the same rank as that provided for in Article 1920 of the General Tax Code;
2 ° Have the work or compliance operations carried out, at the expense of the person concerned;
3 ° Order the suspension of the activity, the immobilization or the stoppage of the operation of the equipment or the machine in question until the execution of the works or operations of bringing into conformity.
III. – The sums deposited in application of the provisions of 1 ° of II may be used to pay the expenses incurred by the automatic execution of the measures provided for in 2 ° and 3 ° of II.
IV. – Decisions taken in application of the preceding paragraphs are subject to full jurisdiction litigation.
V. – When the enforceable state adopted in application of a deposit measure ordered by the prefect is the object of an opposition before the administrative judge, the president of the administrative tribunal or the magistrate whom he delegates, ruling in summary proceedings , may, notwithstanding this opposition, at the request of the prefect or of any interested person, decide that the appeal will not be suspensive, provided that none of the means put forward seems serious to him. The president of the court rules within fifteen days of his referral.
VI. – During the period of suspension of the activity, the operator of an industrial, commercial, agricultural or service company is required to ensure to his staff the payment of salaries, allowances and remuneration of any kind to which the latter was entitled until then.
Article L226-9
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Obstructing the performance of the functions entrusted by this title to the agents mentioned in Article L. 226-2 is punishable by six months’ imprisonment and a fine of 7,500 euros.
When an industrial, commercial, agricultural or service company emits polluting substances constituting atmospheric pollution, as defined in article L. 220-2, in violation of a formal notice issued in application of the article L. 226-8, the operator is punished by six months imprisonment and a 7,500 euros fine.
The operator also incurs the additional penalties mentioned in 10 ° and 11 ° of article 131-6 of the penal code as well as the penalty of posting the pronounced decision or the dissemination thereof either by the written press, or by any means of audiovisual communication in accordance with article 131-35 of the same code.

Article L226-10
I. – Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the penal code for breaches of the provisions of this title and of those adopted for its application.
II. – The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms provided for in article 131-38 of the penal code;
2 ° The penalties mentioned in 2 °, 3 °, 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the same code.
III. – The prohibition mentioned in 2 ° of article 131-39 of the penal code relates to the activity in the exercise or on the occasion of the exercise of which the offense was committed.
Article L226-11
When a natural or legal person is found guilty of the offense provided for in the second paragraph of Article L. 226-9, the court may, in application of Articles 132-66 to 132-70 of the Criminal Code, order this person to carry out the work or compliance operations prescribed by the Prefect in application of Article L. 226-8.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image