Lump-Sum Fine Decree And Increased Lump-Sum Fine
LexInter | August 9, 2017 | 0 Comments

Lump-Sum Fine Decree And Increased Lump-Sum Fine

CODE OF CRIMINAL PROCEDURE
(Regulatory Part – Decrees of the Council of State)

Chapter II bis: Fixed fine and increased fixed fine

Article R48-1

(Decree nº 72-471 of June 12, 1972 art. 1 Official Journal of June 13, 1972) (Decree nº 86-1044 of September 18, 1986 art. 1 Official Journal of September 18, 1986) (Decree nº 95-457 of April 26, 1995) art. 1 Official Journal of April 28, 1995 in force on September 1, 1995) (Decree nº 2002-801 of May 3, 2002 art. 4 Official Journal of May 5, 2002) (Decree nº 2003-293 of March 31, 2003 art. 1 Journal April 1, 2003 official)

   The contraventions of the first four classes for which public action is extinguished by the payment of a fixed fine are as follows:
   1 ° Contraventions punishable by the highway code whether or not they result in a withdrawal of the points allocated to the driving license subject to the provisions of article R. 49-8-5 relating to the reduced fixed fine;
   2 ° Transport and traffic
   offenses punishable by: a) Articles R. 211-14 and R. 211-21-5 of the Insurance Code relating to the compulsory insurance of land motor vehicles and their trailers and semi – trailers;
   b) Article 80-1 of decree n ° 42-730 of March 22, 1942 on the police, safety and operation of railways of general interest and local interest, insofar as contraventions are instituted. the provisions of prefectural decrees concerning the movement, stopping and parking of vehicles in the yards of stations;
   c) Article 3, paragraph 1, of decree no 86-1130 of 17 October 1986 as amended relating to the application of the provisions of EEC regulation no 38-20 / 85 of the Council of 20 December 1985 relating to the harmonization of certain social provisions in the field of road transport and EEC Council Regulation 38-21 / 85 of 20 December 1985 on the control apparatus in the field of road transport;
   d) Article 22-2 of decree n ° 90-200 of 5 March 1990 as amended relating to the exercise of the profession of freight forwarder;
   e) Article 12 and Article 13, paragraphs 1 and 2, of Decree No. 97-608 of May 31, 1997, as amended, relating to the initial and continuing vocational training of drivers employed in the public road transport of goods;
   f) Article 11 and Article 12, paragraphs 1 and 2, of Decree No. 98-1039 of 18 November 1998 relating to the initial and continuing vocational training of self-employed drivers of public road freight transport;
   g) Article 19-II of Decree No. 99-752 of August 30, 1999, as amended, relating to road freight transport;
   3 ° Contraventions in matters of protection of the
   a) Article R. 632-1 of the penal code relating to the deposit or abandonment of materials, garbage or waste in woods, forests and woodlots;
   b) Articles R. 241-61, R. 241-62 (2º), R. 241-63 (1º and 2º) of the rural code relating to national parks, as well as article R. 241-66 of the same code with regard to the facts mentioned by these same articles;
   c) Article R. 322-5 of the forest code relating to fire protection, paragraph one of article R. 331-3 of the same code relating to introduction into woods, forests and land to afforest vehicles, cattle, load or mount animals and article R. 133-1-1 of the same code relating to the development prescribed by article L. 133-1 of woods and forests in the domain of ‘State;

   d) Article 10 (second paragraph) of Decree No. 2000-1302 of December 26, 2000 relating to environmental protection measures against polluting emissions from compression ignition engines intended to equip non-road mobile machinery;
   4 ° Contraventions in matters of protection or control of domestic animals and wild animals, tamed or held in captivity punished by:
   a) Article R. 622-2 of the penal code relating to straying animals;
   b) Article 10 of Decree No. 76-352 of April 15, 1976 laying down the modalities of application to equines of the Law of December 28, 1966 on breeding;
   c) Article 15 of Decree No. 80-791 of October 1, 1980 adopted for the application of Article 276 of the Rural Code;
   d) Article 6 of Decree No. 87-223 of March 26, 1987 relating to the use of animals in public shows and games;
   e) Article 26 of Decree No. 87-848 of 19 October 1987 relating to experiments carried out on vertebrate animals;
   f) Article 16 of Decree No. 91-823 of August 28, 1991 relating to the identification of dogs, cats and other domestic carnivores and to the keeping of premises where breeding for sale is normally carried out. , the marketing, grooming, transit or keeping of these animals taken for the application of articles 276, 276-2 and 276-3 of the rural code;
   g) Articles 12 and 13 of Decree No. 95-1285 of 13 December 1995 relating to the protection of animals during transport;
   h) Article 21 (b and c) of Decree No. 97-903 of 1 October 1997 relating to the protection of animals at the time of their slaughter or killing;
   i) Article 8 of Decree No. 99-1164 of December 29, 1999 adopted for the application of Chapter III of Title II of Book II of the Rural Code, and relating to the application of Articles L. 211-14 and L. 211-16 of the rural code providing for the declaration in town hall, vaccination, sterilization, insurance and the conditions of movement of certain dogs.

Article R49

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree n ° 2001-373 of April 27, 2001 art. 1 Official Journal of April 29, 2001 in force on January 1, 2002)

   The amount of the fixed fine provided for in article 529 is fixed as follows:
1º 4 euros for contraventions of the provisions of the Highway Code committed by pedestrians;
2 ° 11 euros for other 1st class fines;
3º 35 euros for 2nd class tickets;
4 ° 68 euros for 3rd class tickets;
5 ° 135 euros for 4th class tickets.

Article R49-1

(inserted by Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)

A notice of violation and a payment card, the model of which is fixed by order of the Keeper of the Seals, Minister of Justice, are given to the offender when the violation is noted. The notice mentions the deadline and the terms of the request provided for in the first paragraph of article 529-2, the amount of the fixed fine as well as that of the increased fixed fine that will be due in default of payment or presentation of a request.
When the documents mentioned in paragraph 1 cannot be delivered to the offender, they are sent to his domicile. However, if it is a violation of the Highway Code or that provided for in article R211-21-5 of the Insurance Code, these documents are left on the vehicle or, in the event of impossibility, sent to the holder of the registration certificate.

Article R49-2

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree nº 95-457 of April 26, 1995 art. 2 Official Journal of April 28, 1995)

   The amount of the fine may be paid immediately into the hands of the enforcement officer when he is the bearer of a certificate receipt book, the model of which is fixed by order of the Minister of the Budget after consulting the other ministers concerned.
   This payment is made in cash or by check and gives rise to the immediate issuance of a receipt taken from the logbook.

Article R49-3

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree nº 95-457 of April 26, 1995 art. 3 Official Journal of April 28, 1995)

   If the amount of the flat-rate fine is not paid under the conditions provided for in article R. 49-2, payment is made either by affixing to the payment card, duly completed, an issued stamp. for this purpose by the Minister of the Budget, who establishes the model and the methods of issuance, or by sending the direct accountant of the Treasury a check attached to the payment card.
   An order of the Minister of the Budget fixes the conditions under which the fixed fines can be paid by means of a check made out to the order of the Public Treasury.

Article R49-4

(inserted by Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)

   The request presented in application of article 529-2 is motivated and accompanied by the notice of contravention.

Article R49-5

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree nº 95-457 of April 26, 1995 art. 4 Official Journal of April 28, 1995)

   The automatic increase of the fixed fines provided for by the second paragraph of article 529-2 and the second paragraph of article 529-5 is recorded by the public prosecutor who mentions it on the writ of execution provided for by the the first paragraph of article 530.
   The enforceable title mentions in the appendix, for each fine, the identity and domicile of the offender, the place and date of the contravention and the amount of the increased fixed fine.
   The writ of execution, signed by the public prosecutor, is sent to the chief accountant of the Treasury.

Article R49-6

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree nº 95-457 of April 26, 1995 art. 5 Official Journal of April 28, 1995)

   The direct accountant of the Treasury sends the offender an extract from the writ of execution concerning him in the form of a notice inviting him to pay the amount of the increased fixed fine. This notice contains, for each fine, the information provided for in the second paragraph of article R. 49-5 and indicates the time limit and terms of the complaint provided for by the second and third paragraphs of article 530.

Article R49-7

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree n ° 89-989 of December 29, 1989 art. 4 Official Journal of December 31, 1989)
 

(Decree n ° 2001-373 of April 27, 2001 art. 1 Official Journal of April 29, 2001 in force on January 1, 2002)

   The amount of the increased fixed fine is fixed as follows:
   1º 7 euros for contraventions of the provisions of the Highway Code committed by pedestrians;
   2º 33 euros for other 1st class fines;
   3º 75 euros for 2nd class tickets;
   4 ° 180 euros for 3rd class tickets;
   5º 375 euros for 4th class fines.

Article R49-8

(Decree nº 86-1044 of September 18, 1986 art. 2 Official Journal of September 19, 1986)
 

(Decree nº 95-457 of April 26, 1995 art. 6 Official Journal of April 28, 1995)

   The public prosecution officer seized of an admissible complaint immediately informs the direct accountant of the Treasury of the cancellation of the writ of execution with regard to the contested fine.

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