simplified procedure
LexInter | June 30, 2003 | 0 Comments

Simplified procedure

Article 524

(Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972) (Law n ° 72-1226 of December 29, 1972 art. 62 Official Journal of December 30, 1972) (Law n ° 85 -835 of August 7, 1985 art. 7 Official Journal of August 8, 1985 in force on October 1, 1985) (Law nº 89-469 of July 10, 1989 art. 8 Official Journal of July 11, 1989 in force on January 1, 1990) (Law nº 92-1336 of December 16, 1992 art. 44 Official Journal of December 23, 1992 in force on March 1, 1994)
  Any police offense, even committed in a state of recidivism, may be subject to the simplified procedure provided for in this chapter.
This procedure is not applicable:
1 ° If the contravention is provided for by the Labor Code;
2 ° If the accused, author of a fifth class offense, was under eighteen years of age on the day of the offense.
This procedure can no longer be continued when the victim of the damage caused by the contravention has had the accused directly summoned before the order provided for in article 525 has been issued.

Article 525

(Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972) (Law n ° 99-515 of June 23, 1999 art. 8 Official Journal of June 24, 1999)
The public prosecutor who chooses the simplified procedure communicates the prosecution file and its requisitions to the judge of the police court.
The judge rules without prior debate by means of a penal order either acquitting a discharge or a fine as well as, where appropriate, one or more of the additional penalties incurred.
If he considers that an adversarial debate is useful, the judge returns the file to the public prosecutor for the purposes of prosecution in the forms of ordinary procedure.

Article 526

(Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972) (Law n ° 92-1336 of December 16, 1992 art. 45 Official Journal of December 23, 1992 in force on March 1 1994) (Law n ° 93-2 of January 4, 1993 art. 130 Official Journal of January 5, 1993 in force on March 1, 1993)
  The order contains the surname, first names, date and place of birth and domicile of the accused, the legal qualification, the date and place of the imputed act, the mention of the applicable texts and, in the event of conviction, the amount of the fine. as well as the duration of the constraint per body.
The judge is not required to justify the penal order.

Article 527

(Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972) (Law n ° 93-2 of January 4, 1993 art. 152 Official Journal of January 5, 1993 in force on March 1 1993)
   The public prosecutor may, within ten days of the order, oppose its execution by declaration to the clerk of the court.
If, at the end of the period provided for in the preceding paragraph, the public prosecutor has not made an objection, the penal order is notified to the accused by registered letter with request for acknowledgment of receipt and executed according to the rules provided for by this code for the execution of police judgments.
The accused may, within thirty days from the date of dispatch of the letter, oppose the execution of the order.
In the absence of payment or opposition within the above time limit, the fine and the fixed procedural fee are payable.
However, if it does not appear from the notice of receipt that the accused received the letter of notification, the opposition remains admissible until the expiry of a period of thirty days which runs from the date on which the ‘interested party became aware, on the one hand, of the conviction, either by an act of execution or by any other means, on the other hand, of the time limit and the forms of the opposition which is open to him.
The Treasury accountant stops the recovery upon receipt of the notice of opposition to the penal ordinance established by the registry.

Article 528

(Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972)
In the event of opposition formed by the public prosecutor or by the accused, the case is brought to the hearing of the police court in the forms of ordinary procedure. The judgment rendered by default, on the opposition of the accused, will not be open to opposition.
Until the opening of the proceedings, the accused may expressly waive his opposition. The penal ordinance then resumes its enforceable force and a new opposition is inadmissible.

Article 528-1

(inserted by Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972)
The penal ordinance to which no opposition has been filed has the effects of a judgment which has become res judicata.
However, it does not have the authority of res judicata with regard to the civil action for compensation for damage caused by the offense. 

Article 528-2

(inserted by Law n ° 72-5 of January 3, 1972 art. 1 Official Journal of January 5, 1972 in force on June 30, 1972)
The provisions of this chapter do not preclude the right of the injured party to directly summon the offender before the police court, under the conditions provided for by this code.
When the summons is issued after a criminal order has been issued on the same facts, the police court rules:
On the public action and on civil interests if the criminal order has been opposed in the time limits provided for in article 527 and at the latest at the opening of the debates;
On civil interests only if no opposition has been formed or if the accused has expressly declared, at the latest at the opening of the proceedings, to waive his opposition or his right of opposition. The same applies if it is established that the penal order was the subject of a voluntary payment.
 

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image