Chapter IIc: Provisions applicable to certain breaches of the Highway Code

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Article R49-18

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

Where a deposit has been paid pursuant to the provisions of Article 529-10,the following provisions shall apply:

If the deposit is not followed by a request for exoneration or a claim made in accordance with the provisions of articles 529-2,529-10 and 530, it is considered as payment of the fixed fine or the increased fixed fine.

If the officer of the public prosecutor's office closes the ticket with no further action, he will notify his decision to the author of the request for exoneration, informing him that the deposit will be reimbursed.

If the officer of the Public Prosecutor's Office considers that the request for exoneration or the complaint is inadmissible, the notice that he is required to send to the person pursuant to first paragraph of Article 530-1 shall state the reasons for its decision. Where the decision of inadmissibility is based on the failure to state reasons for the request for exemption or the claim, this notice must be sent by registered letter, which informs the person that he or she may, within a period of one month running from the date it is sent, contest this decision by registered letter with acknowledgement of receipt. If this challenge does not result in the ticket being dismissed, the public prosecutor is then required to refer the matter to the police court in accordance with the articles 524 to 528-2 or the articles 531 et seq.

For the application of the provisions of the first paragraph of article 530-1 and the fourth paragraph of this article, only requests or complaints in which the person either denies having committed the offence, or acknowledges having committed the offence while providing detailed information likely to justify filing the case with no further action for legal or expediency reasons, shall be considered as reasoned.

In the event of a fine being imposed or where the accused is declared liable to pay the fine pursuant to article L. 121-3 of the Highway Code, the trial court shall specify in its decision the amount of the fine remaining due after deducting the amount of the deposit.

In the event of an acquittal and if the Article L. 121-3 of the Highway Code, the court shall order the reimbursement of the deposit to the accused.

In the cases provided for in the third and seventh paragraphs, a specific form is then sent to the person to enable them to be reimbursed for their deposit.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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