Paragraph 1: General provisions

The following offences shall be tried in accordance with the conditions laid down in the third paragraph of Article 398, when they are punishable by a sentence of less than or equal to five years' imprisonment:

1° The offences listed below, provided for in the following provisions of the penal code :

- violence as provided for in articles 222-11, 222-12, 222-13 and 222-14-5;

- malicious calls or messages and noise attacks as provided for in article 222-16;

- threats as provided for in articles 222-17 to 222-18-3;

- unintentional harm to the integrity of the person as provided for in articles 222-19-1, 222-19-2, 222-20-1 and 222-20-2 ;

- sexual exhibition provided for in article 222-32;

- the illicit transfer or offer of narcotics to a person for personal consumption provided for in article 222-39;

- the offence of risks caused to others provided for in article 223-1, when committed while driving a vehicle;

- the offence of recourse to prostitution provided for in article 225-12-1 ;

- offences against the privacy and representation of the person provided for in articles 226-1 to 226-2-1, 226-3-1, 226-4 to 226-4-2 and 226-8;

- family abandonment, breaches of orders made by the family court in cases of violence and offences against the exercise of parental authority provided for in articles 227-3 to 227-11 ;

- theft, skulduggery, and misappropriation of pledges or seized objects provided for in articles 311-3 and 311-4, 313-5, 314-5 and 314-6;

- concealment provided for in article 321-1 ;

- destruction, damage and deterioration not presenting a danger to persons and unlawful installation on communal land provided for in articles 322-1 to 322-4-1;

- unintentional destruction, damage and deterioration by explosion or fire provided for in article 322-5 ;

- threats of destruction, damage or deterioration and false alarms provided for in Articles 322-12 to 322-14;

- the offences of fraudulent access to and maintenance of an automated data processing system provided for in the first paragraph of Article 323-1;

- intrusion into a school provided for in Articles 431-22 to 431-25 ;

- threats and acts of intimidation committed against persons exercising a public function provided for in article 433-3;

- insults and rebellions provided for in articles 433-5 to 433-10;

- opposition to the execution of public works or works of public utility provided for in article 433-11;

- usurpations of functions, signs, titles and the irregular use of quality provided for in articles 433-12 to 433-18 ;

- offences against the civil status of persons provided for in articles 433-18-1 to 433-21-1;

- the offence of absconding provided for in article 434-10 ;

- the offences of taking the name of a third party or making a false statement relating to a person's civil status provided for in article 434-23;

- the offences against the respect due to justice provided for in articles 434-24, 434-26, 434-35, 434-35-1 and 434-38 to 434-43-1 ;

- forgery as provided for in articles 441-1 to 441-3, 441-5 and 441-6 to 441-8;

- street selling as provided for in articles 446-1 and 446-2;

- serious abuse or acts of cruelty to animals as provided for in articles 521-1 and 521-2;

2° The offences provided for in the code de la route;

3° Offences relating to cheques provided for in articles L. 163-2, L. 163-3 and L. 163-7 of the Monetary and Financial Code;

4° Offences relating to transport regulations provided for in the first four parts of the code des transports ;

5° The offences of carrying or transporting category D weapons included on a list set by a decree of the Conseil d'Etat provided for by the article L. 317-8 du code de la sécurité intérieure;

6° Les délits prévus par le environmental code relating to hunting, freshwater fishing, protection of the natural heritage, as well as by Title VIII of Book V of the same code;

7° Offences provided for by the forestry code and by the code de l'urbanisme;

7° bis (Repealed)

8° The offences provided for by the code de la construction et de l'habitation;

9° Les délits prévus par le code rural et de la pêche maritime en matière de garde et de circulation des animaux et de pêche maritime;

10° Les délits prévus aux articles L. 335-2, L. 335-3 et L. 335-4 of the French Intellectual Property Code, when committed by means of an online public communication service;

10° bis The offences provided for in Article L. 3136-1 of the Public Health Code and Article 16 of Law no. 2021-1040 of 5 August 2021 on health crisis management;

11° The offence of drug use provided for in article L. 3421-1 of the Public Health Code as well as the offence provided for in Article 60 bis of the Customs Code.

For the assessment of the five-year imprisonment threshold mentioned in the first paragraph of this article, no account shall be taken of aggravations resulting from a repeat offence or the provisions of Articles 132-76, 132-77 ou 132-79 du code pénal.

Offences for which a prison sentence is not incurred, with the exception of press offences, are also tried under the conditions provided for in the third paragraph of article 398 of the present code.

However, the court must rule under the conditions provided for in the first paragraph of article 398 when the accused is in pre-trial detention when he appears at the hearing or when he is prosecuted under the immediate appearance procedure. It also rules under the conditions provided for in the first paragraph of article 398 for the trial of the offences provided for in this article when these offences are related to other offences not provided for in this article.