French Public Health Code
In forceI.-The administrative authority may, as long as the public prosecution has not been initiated and after having obtained the agreement of the public prosecutor, compromise on the prosecution of contraventions and offences provided for and punished by this chapter and the texts taken for their application.
II.- This option does not apply to offences punishable by a prison sentence of three years or more and to offences of the first four classes for which the public prosecution has been extinguished by payment of the fine.This option does not apply to offences punishable by a prison sentence of three years or more or to offences in the first four classes for which the prosecution is extinguished by the payment of a fixed fine pursuant to article 529 of the Code of Criminal Procedure.
III.The proposed settlement is determined on the basis of the circumstances and seriousness of the offence, the personality of the offender and the offender's resources and liabilities.
It specifies the amount of the fine to be paid by the offender, which may not exceed one third of the amount of the fine incurred, and, where applicable, the obligations that will be imposed on the offender with a view to putting a stop to the offence, preventing its recurrence, repairing the damage or restoring the premises to their original state. It also sets the deadlines for payment and, where applicable, performance of the obligations.
IV.-Once accepted by the offender, the proposed settlement is submitted to the Public Prosecutor for approval.
The act by which the Public Prosecutor approves the proposed settlement interrupts the statute of limitations for the prosecution.
The public prosecution is extinguished when the perpetrator of the offence has fulfilled all the obligations resulting for him from acceptance of the settlement within the time limit set.
The procedures for application of this article are set by decree in the Conseil d'Etat.
Article L5442-15
French Public Health CodeIn force
Updated 6 Nov 2023
