French Code of Criminal Procedure
In forceAny person subject to a prohibition, disqualification or incapacity or to a publication measure of any kind resulting ipso jure from a criminal conviction or pronounced in the judgment of conviction as an additional penalty may apply to the court that pronounced the conviction or, in the event of multiple convictions, to the last court that ruled, to relieve him or her, in whole or in part, including as regards the duration, of this prohibition, disqualification or incapacity. If the conviction was handed down by an assize court, the court with jurisdiction to rule on the application is the investigating chamber in whose jurisdiction the assize court has its seat.
Where the application relates to a disqualification, prohibition or incapacity ordered pursuant to Article L. 626-6 of the French Commercial Code, the court may only grant relief if the interested party has made a sufficient contribution to the payment of the debtor's liabilities. Under the same conditions, the court may grant relief from the prohibitions, disqualifications and incapacities resulting from bankruptcy convictions handed down pursuant to articles 126 to 149 of law no. 67-563 of 13 July 1967 on judicial settlement, liquidation of assets, personal bankruptcy and bankruptcies.
Except in the case of a measure resulting ipso jure from a criminal conviction, the application may not be brought before the competent court until six months have elapsed since the initial conviction decision. If this initial request is refused, another request may not be submitted until six months after the refusal. The same applies to any subsequent applications. In the case of an inadmissibility order imposed as an additional penalty to a prison sentence, the first application may, however, be submitted to the competent court before the expiry of the six-month period for release. The application must be made while the sentence is being served.
The provisions of the second paragraph (1°) of Article 131-6 of the Penal Code allowing the suspension of the driving licence to be limited to driving outside of professional activity are applicable when the application for a waiver of prohibition or incapacity relates to the penalty of suspension of the driving licence.
For the application of this article, the criminal court is composed of a single magistrate exercising the powers of the president. The same applies to the criminal appeals chamber or the investigating chamber, which is composed of its sole president, sitting as a single judge. However, this judge may, if the complexity of the case so warrants, decide of his or her own motion or at the request of the convicted person or the public prosecutor to refer the case to the court sitting as a panel. The judge who ordered the referral is then a member of the court. The referral decision constitutes a judicial administrative measure that is not subject to appeal.
