French Code of Criminal Procedure
In forceIn accordance with the provisions of articles 39-3 and 495-22, the Public Prosecutor of the Judicial Court of Rennes is competent to:
1° Where the information in the official report does not comply with the provisions of articles 495-17 to 495-24-1 or with the provisions of this section, terminate the fixed fine procedure and send this report, in dematerialised form, to the public prosecutor of the judicial court in whose jurisdiction the offence was recorded, so that the latter can assess the appropriate action to be taken ;
2° Issue the enforcement order increasing the amount of the fixed fine in the absence of payment or a request submitted within the required timeframe, in accordance with the last paragraph of Article 495-18 and article D. 45-10 ;
3° Receive requests made pursuant to the first paragraph of article 495-18 and complaints made pursuant to the second paragraph of article 495-19, assess their formal admissibility and compliance with the deposit obligation.
If the magistrate considers the request or complaint to be formally admissible and does not himself decide to waive the prosecution, he sends it, along with the case file, in electronic form, to the public prosecutor of the judicial court in whose jurisdiction the person resides, so that the latter can decide, in accordance with article 495-21 either waive the prosecution, in which case it shall notify its decision to the author of the request for exoneration or the complaint, informing him that the deposit will be reimbursed, or proceed in accordance with articles 389 to 390-1,393 to 397-7,495 to 495-6or 495-7 to 495-16.
If the Public Prosecutor of Rennes considers that the request for exoneration or the complaint is inadmissible, the notice that he is required to send to the person pursuant to the first paragraph of article 495-21 shall state the reasons for his decision. This notice must be sent by registered letter, which informs the person that he or she may, within one month of it being sent, contest this decision by registered letter with acknowledgement of receipt. If the Rennes Public Prosecutor considers that the challenge has led to the request or complaint being accepted, he will apply the previous paragraph. If this is not the case, this magistrate shall send the challenge with the proceedings file, in dematerialised form, to the public prosecutor of the judicial court in whose jurisdiction the person resides, so that the latter may forward it to the judge mentioned in the first paragraph of article 495-21, in accordance with the procedures set out in article D. 45-19.
