Questionnaire France

I.20 What are the main simplified procedures?

The main simplified procedure is the composition pénale (sect. 41-2 CCP. Furthermore, traffic offences can be subjected to a so-called simplified procedure (sect. 495 CCP). This procedure, however, is not applicable if the victim, in the course of the investigation, has lodged an application for damages or restitution, or has directly cited the offender. The public prosecutor who chooses the simplified procedure sends the case file to the presiding judge of the court, who may by means of a criminal order (ordonnance pénale) impose a fine (and additional penalties). By criminal order, only fines and additional penalties can be imposed without a hearing. This can result in a discharge or the imposition of a fine. The public prosecutor can within a period of ten days either lodge his opposition, or carry out the execution of the order. The defendant has forty-five days to lodge an appeal. The case will then be tried by the correctional court. A criminal order which has not been opposed has the effect of a final decision. These provisions concerning the simplified procedure do not affect the injured party’s right to cite the perpetrator directly before the correctional court. The court rules only on the civil interests if the criminal order has acquired the status of a final decision.