Penal composition

Verified 07 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The penal composition makes it possible to quickly try the perpetrator of an offense acknowledging his guilt. The perpetrator accepts and implements the proposed measure, which may be a criminal sanction or a remedy. This avoids a criminal trial. We explain how the penal composition works.

The penal composition is a alternative measure to prosecution, enabling the offender to be tried promptly, provided that recognize the facts alleged.

It applies to adults, but also to minors of at least 13 years of age and legal persons.

This procedure concerns some offenses or contraventions and can only be doneon demand of the public prosecutor.

Criminal composition empower the perpetrator of an offense while in himself avoiding a trial. This measure also allows compensation direct from civil party.

The procedure takes place in 2 mandatory steps :

  • The proposal of the measure by the public prosecutor
  • The validation hearing by the President of the Judicial Tribunal.

If the measure is accepted, the case shall be forwarded to the President of the Court of First Instance for validation.

If the author refuses or if the president rejects the validation, the public prosecutor refers the case to the correctional court.

The victim of the offense shall be informed of this procedure in order to enable him to to bring a civil action and to obtain compensation for his loss.

Execution the measure extinguishes the prosecution, i.e. the prosecutor can no longer prosecute the offender.

Penal composition is proposed to address simple business and fit to stand trial, for example in the absence of any request for expertise or multiple authors.

As this is a simplified procedure, the infringements which may be the subject of a criminal composition are determined by law.

It concerns minor offenses and related offenses.

These are offenses punishable by a fine or by imprisonment for a term of up to 5 years. For example, traffic offenses, violence without ITT, domestic violence, the use of narcotics, degradation, threats...

Warning  

Criminal composition does not apply for press offenses (e.g. insult or defamation) or manslaughter or political offenses.

Major

The penal composition shall apply to adults.

The offender must mandatory acknowledgement of the facts which are alleged against him, and accept the penalty proposed by the public prosecutor. If not, that's the procedure before the correctional court which applies.

Minor

The penal composition shall also apply to minors of at least 13 years.

The public prosecutor proposes this procedure when it is fit for personality of the minor.

The minor must mandatory acknowledgement of the facts who are blamed on him.

The measure is proposed to the minor and the legal representatives.

Minors and their legal representatives must agree. Otherwise, that's the procedure before the children's court which applies.

Legal person

The penal composition shall apply to legal persons, including the legal representative acknowledges criminal responsibility for the acts of which he is accused.

If not, that's the procedure before the correctional court which applies.

The public prosecutor may propose a penalty or a remedial measure.

The measurement differs according to the personal suitability and the nature of theinfringement clerical.

Major
Offense

For offenses, the measures of penal composition are as follows:

  • Fine the maximum amount of which may not exceed that of the fine incurred for the offense. A timetable may be established at the request of the Public Prosecutor and for a period not exceeding 1 year
  • Divestiture for the benefit of the State of good which has been used or intended to commit the offense or is the product thereof
  • Delivery of vehicle for the purpose of'immobilization for a period not exceeding 6 months. The delivery is against receipt
  • Discount at the court registry of the driving license for a period not exceeding 6 months. The delivery is against receipt
  • Discount at the court registry of the hunting permit for a period not exceeding 6 months. The delivery is against receipt
  • Insertion of a starter breathalyzer for a period not exceeding 3 years
  • Unpaid work (TNR) for the benefit of an authorized community or association, for a maximum period of 100 hours within a period not exceeding 6 months
  • Internship or training in a health, social or professional body, for a period not exceeding three months and within a period of 18 months
  • Prohibition on issuing checks and to use a credit card for a period not exceeding 6 months
  • Prohibition of publication in places designated by the public prosecutor (place of offense, residence of the victim, etc.). The prohibition may concern the place of residence of the perpetrator. This measure shall not exceed 6 months
  • Prohibition to meetto receive or enter into a relationship with the victim, co-perpetrators or accomplices of the offense for a period not exceeding 6 months. The list of persons concerned shall be drawn up by the public prosecutor
  • Prohibition on leaving the national territory with the obligation to surrender his passport to the registry of the court for a period not exceeding 6 months
  • Awareness-raising course (drugs, citizenship, road safety, domestic violence, purchase of sex, gender equality, parental responsibility). The execution of this internship is at the expense of the convicted person
  • Day Activity Metric for reintegration into school or work
  • Therapeutic Injunction related to an addiction (drugs or alcohol). It is an obligation to take care under supervision
  • Reimbursement the loan paid to the victim pursuant to Article L. 214-9 of the Code of Social Action and Families. This refund may not exceed EUR 5 000

Warning  

For the offense of non-insurance, the fine shall be increased by 50% to the car guarantee fund.

Contravention of 1re to 4e class

For such contraventions, the measures that can be taken are identical to those proposed in the case of an offense, but with the following modifications:

  • Fine the maximum amount of which may not exceed that of the fine incurred for a contravention
  • Suspension of driving license or hunting for a period not exceeding 3 months

Certain measures shall not apply for such contraventions as:

  • No entry in contact with the victim, the perpetrator or co-perpetrator is not an applicable measure
  • Prohibition of publication in places designated by the public prosecutor is not an applicable measure
  • Prohibition on leaving the national territory with the obligation to surrender his passport to the court registry is not an applicable measure
Contravention of 5e class

For such contraventions, the measures that can be taken are identical to those proposed in the case of an offense, but with the following modifications:

  • Unpaid work for the benefit of an authorized body or association, for a maximum period of 30 hours within a period not exceeding 3 months
  • Suspension of hunting license applicable only if the contravention is punishable by this additional penalty
  • Prohibition to transmit checks and use a credit card, the duration of which does not exceed 3 months. This measure is applicable only if the contravention is punishable by this additional penalty
  • Divestiture for the benefit of the State of good used or intended to commit the offense or is the product thereof. This measure is applicable only if the contravention is punishable by this additional penalty
Minor

When the perpetrator is elderly at least 13 years of age, the proposed measures may be identical those provided for a major author.

However, the execution time measures proposed to minors may not exceed 1 year.

The public prosecutor may also propose to the minor special measures such as:

  • Accomplishing a internship civic education
  • Regular monitoring of a schooling or vocational training
  • Compliance with a decision order of the court concerning placement in an authorized educational or training institution or establishment
  • Consultation by a psychologist or psychiatrist
  • Accomplishing a service contract in EPIDE (Establishment for integration into employment)

FYI  

For the execution of traineeship measures, the public prosecutor may fix the amount of the costs which may be charged to the legal representatives of the minor.

Legal person

The fine is the only measure applicable to legal persons and the compensation of the civil party.

The amount of the fine is then equal to 5 times the amount of the fine for natural persons.

Example :

For acts of damage, the maximum amount of the fine incurred for a natural person is €30,000.

If the acts are committed by the legal representative of a legal person, then the composition fine may not exceed €150,000 (30 000 x 5 = 150 000)

Written decision

The proposed penalty is subject to a written and signed decision by the public prosecutor or its delegate.

It mentions the nature of the facts, their legal classification (e.g. violence without ITT, contempt), the amount, the duration and the nature of the proposed measure.

In the presence of civil party, a record shall be kept of the conditions under which the civil party is informed of the compensation proposal.

Such compensation shall be offered within a maximum period of 6 months.

The perpetrator and the civil party may request the copy of all the documents relating to the proceedings, without prior authorization from the prosecutor.

FYI  

In the case of a minor author, the proposal of the measure is presented to the minor and his legal representatives, in the presence of the lawyer.

Assistance of a lawyer

The perpetrator may be assisted by a lawyer before giving his consent.

The assistance of a lawyer is obligatory for the miner.

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

Reflection period

Before making known his decision, the author of the facts may ask a 10-day reflection period.

In this case, a reconvening it is given to him.

If he does not appear on the date indicated, his absence shall be deemed refusal the penal composition.

Choice and orientation of the dossier

The perpetrator may accept or reject the measure of proposed penal composition.

Agreement or refusal shall be obtained in a report a copy of which shall be given to the author.

Warning  

The minor author and his legal representatives must jointly accept the proposed measure.

When the perpetrator of the acts agree to the proposed measures, the seizure, by request, the president of the court of justice for the validation the penal composition.

The folder must be attached to the validation request.

The Public Prosecutor inform the author of the facts and the civil party of the referral.

The President of the Judicial Tribunal may, if he considers it necessary, to proceed to the hearing non-public of defendant and the civil party, assisted by their lawyers.

He validates the proposal when the procedural conditions are full and whether the proposed measures are justified in the light of the circumstances of the offense and the personality of the perpetrator.

FYI  

When the perpetrator is a minor, it is the children's judge which validates the penal composition.

The proposed penal composition is not subject to validation of the President of the Court when the following penalties are proposed:

  • Fine counter-claim
  • Fine not exceeding the maximum fine for contraventions, or €3,000
  • Offense punishable by prison sentence of a duration not exceeding 3 years
  • Divestiture for the benefit of the State, of the thing which was used or was intended to commit the offense or which is the product thereof. The value of the remitted item must not exceed €3,000

The penal composition is in failure when the perpetrator refuse or that proposed measures are unexecuted.

The President of the Judicial Tribunal may refuse validation the penal composition.

He refuses it if the facts are too serious or if the author's personality, the situation of the civil party or the interests of the business justify recourse to another procedure.

In case of refusal or failure, a report of failure is drafted and the penal composition becomes deciduousThat is, it is no longer valid.

The file is forwarded the public prosecutor, who decides to prosecute the perpetrator before the correctional court, on police court or by penal ordinance.

In any case, the decision of the President of the General Court shall be notified the perpetrator and the civil party.

This decision is not not likely to appealThat is, it is not questionable.

FYI  

If the perpetrator is a minor, the juvenile judge may refuse to validate the measure of penal composition. The case is then referred to the juvenile court.

To be compensated, the victim must to bring a civil action.

When the victim is identified, the public prosecutor informs her of the direction of the case so that she can file a civil suit.

The civil party is informed of the proposed measure and its validation by the President.

Compensation of the civil party may be one of the measures proposed by the prosecutor.

In this case, compensation for the damage will have to be made within 6 months from notification of the decision.

The civil party may be assisted by a lawyer.

It may apply for legal aid.

In the event of an order to damages, the offender shall compensate the civil party.

If friendly execution is not possible, the civil party must oblige the perpetrator to execute forced. For this, it can use the order for payment procedure enclosing the validation order with the application.

The civil party who has not been compensated of the damage caused to him during the criminal composition procedure retains its rights. To do so, it will have to apply to the prosecutor for the issuance of a direct quotation before the correctional court, which will rule only on civil interests.

The proposal validated by the President must be executed.

There's no no enforcement, the proposed measures are based on accession, i.e. the agreement of the accused.

The Insertion and Probation Service (SPIP) track execution of the measurement.

If the defendant does not execute the penalty imposed or execution is partial, he will be prosecuted before the court competent to non-execution of the measure.

For sexual offenses, the execution of the measure of penal composition may entail the registration of the perpetrator in the FIJESE: titleContent.

For traffic offenses, the enforcement of the measure of penal composition shall entail the withdrawal of points from the driving license.

The measure of penal composition is entered only on bulletin n°1 of the criminal record during 3 years, unless there is a new conviction.

Which means she does not appear on the criminal record bulletin n°2 and n°3.

FYI  

The measure of penal composition shall be entered in the criminal records of legal persons.

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