French Code of Criminal Procedure
In forceThe terms of application of II to IV of Article 28 of Organic Law No. 2011-333 of 29 March 2011 on the Human Rights Defender are specified by this article.
I.-The proposal for a settlement made by the Human Rights Defender shall be communicated to the perpetrator or, in the case of a legal entity, to its representative, through the intermediary of one of its sworn agents to whom the interested party has been summoned beforehand. The proposed settlement may also be notified to the perpetrator by registered letter with acknowledgement of receipt.
The proposed settlement specifies:
the nature of the acts complained of as well as their legal classification;
the nature and quantum of the proposed measures, as well as the deadlines within which they must be carried out;
the amount of damages due to the victim.
The victim's agreement to the settlement may be obtained by any means.
When the measures of posting, transmission, dissemination or publication of a press release are proposed, the person is informed of the content of the press release and the amount of the costs that will be borne by him or her and that he or she will have to pay before the HALDE proceeds with the posting or dissemination.
The person to whom a settlement is proposed is informed that he or she has a period of fifteen days before making his or her decision known, after having, if necessary, been assisted by a lawyer.
In the event of a hearing by a sworn agent of the Defender of Rights, a record of these operations shall be drawn up and a copy given to the person concerned.
II.-If the offender has accepted the proposed settlement, this report, or a copy of the registered letter, together with any reports recording the commission of the offence and the victim's agreement, is sent to the Public Prosecutor with territorial jurisdiction for approval.
This magistrate then sends the Defender of Rights, as soon as possible, his decision indicating whether or not he approves the settlement.
III.-If the settlement is approved, the Defender of Rights shall notify the perpetrator by means of a document indicating how the perpetrator is to fulfil his or her obligations, within the timeframe specified by the Defender of Rights.
This document includes a statement that if the person does not carry out these measures within the time limit set, the Defender of Rights may initiate public action by way of a direct summons.
Payment of the compromise fine and the cost of posting or distributing a press release is carried out in accordance with the provisions of article R. 15-33-51 of this code, subject to proof of payment being returned to the Defender of Rights.
The perpetrator must, where applicable, provide proof of compensation to the victim, as well as of the execution of the measures provided for in 1°, 2° and 4° of III of Article 28 of the aforementioned Organic Law of 30 March 2011.
IV.-If the perpetrator refuses the proposed settlement, including by failing to respond to summonses sent to him or her, or if he or she does not fulfil his or her obligations within the prescribed time limits, the Human Rights Defender will inform the State Prosecutor, unless he or she himself or herself initiates public proceedings by way of a direct summons.
When, for serious medical, family, professional or social reasons, the person has not been able to carry out the measures decided within the prescribed time limits, the Defender of Rights may, at his request, extend the time limits for carrying out these measures, but may not exceed six months.
The victim has the option, in the light of the homologation decision, where the perpetrator has undertaken to pay him damages, of requesting their recovery following the injunction to pay procedure, in accordance with the rules laid down in the Code of Civil Procedure.
If the approved settlement is executed within the prescribed time limits, the Human Rights Defender informs the public prosecutor, who establishes the extinction of the public prosecution in accordance with the provisions of the third paragraph of Article 6 of this Code. This magistrate shall notify the person concerned and, where applicable, the victim.
If proceedings are instituted in the event that the accepted and approved settlement has not been fully implemented, the record of the proceedings specifying the measures implemented in whole or in part by the person shall be communicated to the trial court so that it can take this into account, in the event of a conviction, in reaching its decision.
