CONTRAVENTIONAL PENALTIES
LexInter | January 31, 2002 | 0 Comments

CONTRAVENTIONAL PENALTIES

Article 131-12
 

( Law nº 2007-297 of March 5, 2007 art. 64 III Official Journal of March 7, 2007)
The contraventional penalties incurred by natural persons are;
1 ° The fine;
2 ° The deprivation or restriction of rights provided for in article 131-14;
3 ° The penalty-reparation penalty provided for in article 131-15-1.
These penalties are not exclusive of one or more of the additional penalties provided for in Articles 131-16 and 131-17.
Article 131-13
( Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)(Law n ° 2003-495 of June 12, 2003 art. 4 I Official Journal of June 13, 2003)(Law n ° 2005-47 of January 26, 2005 art. 9 II Official Journal of January 27, 2005 in force on April 1, 2005)
The offenses that the law punishes with a fine not exceeding 3,000 euros constitute contraventions.
The amount of the fine is as follows:
1º 38 euros at most for 1st class contraventions;
2 ° 150 euros at most for 2nd class fines;
3º 450 euros at most for 3rd class contraventions;
4º 750 euros at most for 4th class fines;
5 ° 1,500 euros at most for 5th class fines, an amount which may be increased to 3,000 euros in the event of a repeat offense when the regulations so provide, except in cases where the law provides that the repeat of the offense constitutes an offense.NOTE: Law n ° 2005-47, article 11: These provisions come into force on the first day of the third month following their publication. However, cases which the police court or the local court are regularly seized on that date remain within the competence of these courts.

 

Article 131-14
 

Law n ° 2003-495 of June 12, 2003 art. 5 II Official Journal of June 13, 2003)
For all offenses of the fifth class, one or more of the rights of restriction and deprivation penalties may be imposed:
1º The suspension, for a period of one year, driving license, this suspension may be limited to the conduct outside of professional activity; this limitation is not however possible in the event of a contravention for which the suspension of the driving license, incurred as an additional penalty, cannot be limited to driving outside professional activity;
2 ° The immobilization, for a period of six months at most, of one or more vehicles belonging to the convicted person;
3 ° The confiscation of one or more weapons of which the convicted person is the owner or of which he has free disposal;
4 ° The withdrawal of the hunting license, with a ban on requesting the issue of a new license for a maximum of one year;
5 ° The prohibition, for a period of one year at most, to issue checks other than those which allow the withdrawal of funds by the drawer from the drawee or those which are certified and to use payment cards;
6 ° The confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product thereof. However, this confiscation cannot be pronounced in matters of press offense.
Article 131-15
The fine may not be pronounced cumulatively with one of the custodial or restrictive penalties listed in article 131-14.
The penalties for deprivation or restriction of rights listed in this article may be imposed cumulatively.

Article 131-15-1

(inserted by Law n ° 2007-297 of March 5, 2007 art. 64 IV Official Journal of March 7, 2007)

For all offenses in the fifth class, the court may pronounce instead of or at the same time as the fine penalty the penalty-reparation penalty according to the modalities provided for by article 131-8-1.
In this case, the court sets the maximum amount of the fine, which may not exceed 1,500 Euros, which the judge responsible for the application of sentences may order the execution in whole or in part under the conditions provided for in article 712-6 of the Code of Criminal Procedure if the convicted person does not respect the obligation of reparation.

Article 131-16
L

L oi nº 2003-495 of June 12, 2003 art. 5 III, art. 6 I Official Journal of June 13, 2003)
(Law n ° 2004-204 of March 9, 2004 art. 44 III Official Journal of March 10, 2004 in force on October 1, 2004)
(Law nº 2007-297 of March 5, 2007 art. 25 II 2º, art 65 II 1º Official Journal of March 7, 2007)
The regulation punishing a contravention may provide, when the culprit is a natural person, one or more of the following additional penalties:
1 ° The suspension, for a period of three years at most, of the driving license, this suspension being able to be limited to the driving outside the professional activity unless the regulations expressly exclude this limitation;
2 ° Prohibition on holding or carrying, for a period of three years at most, a weapon subject to authorization;
3 ° The confiscation of one or more weapons of which the convicted person is the owner or of which he has free disposal;
4 ° The withdrawal of the hunting license, with a ban on requesting the issue of a new license for a maximum of three years;
5 ° The confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product of it;
6 ° Prohibition from driving certain land motor vehicles, including those for which a driving license is not required, for a period of three years at most;
7 ° The obligation to complete, at their own expense, a road safety awareness course;
8 ° The obligation to complete, if necessary at his own expense, a citizenship course;
9 ° The obligation to complete, at his own expense, a period of parental responsibility, in accordance with the terms set out in article 131-35-1;
10 ° Confiscation of the animal that was used to commit the offense or against which the offense was committed;
11 ° The prohibition, for a period of three at most, to keep an animal.
Article 131-17
The regulations which punish a fifth class offense may also provide for the additional penalty of prohibition, for a period of three years at most, to issue checks other than those which allow the withdrawal of funds by the drawer from the drawee. or those who are certified.
The regulations which punish a fifth class offense may also provide, as an additional penalty, the penalty of community service for a period of twenty to one hundred and twenty hours.
Article 131-18
 When a contravention is punished by one or more of the additional penalties mentioned in articles 131-16 and 131-17, the court may pronounce only the additional penalty or one or more of the additional penalties incurred.

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