What is the risk of drug use?

Verified 21 March 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The use of narcotics is a infringement treated differently depending on the circumstances: type of drugs, quantity, criminal record of the perpetrator, etc. prison sentence and a fine pronounced by the court or of a flat-rate fine. You can challenge the penalty. The conviction is recorded on your criminal record.

The lump sum fine is a criminal sanction that is imposed outside of a trial.

The decision is made by a police officer, a gendarme or an authorized public official who finds this offense (customs officer...).

For example, if you are being controlled by the police or gendarmes, consuming narcotics or in possession of small quantities, you can receive a lump sum fine. 

This penalty consists of paying a sum of money to the Public Treasury.

This flat-rate fine procedure is possible if the infringement is found to have occurred by electronic minutes (CWe: titleContent).

FYI  

if the infringement is not established by CWe: titleContent, the proceedings shall take place directly before the court. This is also the case if you have a large quantity of drugs or if the type of drug is assimilated to hard drugs (heroin, crack...).

The amount of the flat-rate fine is €200.

The amount of the flat-rate fine reduced is €150 if it is paid within 15 days.

The amount of the flat-rate fine shall be increased to €450 if not paid within 45 days.

Warning  

for legal persons (companies, associations, etc.), the amount of the flat-rate fines (reduced or increased) is multiplied by 5.

The Public Treasury cover payment of the lump sum fine. It's the public prosecutor who decides on recovery with a enforceable title.

In case of difficulty in paying the fine plus €450, if you acknowledge the facts, you may request time limits or a gracious delivery. You must send a reasoned request to the Treasury to the address indicated on your notice of violation or enforceable title.

If the Treasury accepts your request, you can obtain payment deadlines or a total or partial discount (up to 20% maximum).

The offense is recorded in the criminal record and may be taken into account in the case of recurrence.

FYI  

refusal to submit to checks (medical, clinical or biological analysis or examination) to determine the nature of the narcotics shall be punishable by 2 years of imprisonment and €30,000 of fine.

Flat-rate fine paid

Payment of that fine terminates all legal proceedings.

It's worth acknowledging guilt.

In the absence of payment of the fine, the case is subject to judicial treatment which may lead to a trial before the criminal court.

Contested lump-sum fine

You can challenge the lump sum fine.

The disagreement must be made within 45 days after the infringement has been established or the notice of infringement has been sent.

Unpaid and uncontested lump-sum fine

In the absence of payment and challenge, you are summoned to the correctional court to be tried.

You can be relaxed or doomed by the court.

In the event of conviction, the initial fine is then increased of 10%.

FYI  

exceptionally, the court may dispense with sentence or impose a fine of less than the flat-rate fine plus €450.

You're being sued in front of the correctional court in the following cases:

  • You challenged a lump sum penalty or you did not pay it
  • At the time of the check, you had a large quantity of drugs or a type of drug that is considered hard drugs (heroin, crack...) or you have a criminal record

Drug use includes both public use that private use.

In making its decision, the judge considers the seized substance (cannabis, heroin or other drugs) and the context of the offense. Your personal, financial and professional situation is also taken into consideration.

Drug use is an offense punishable by a maximum penalty of 1 year of imprisonment and €3,750 of fine.

Committing this offense in the performance of your duties (depositary of the public authority, entrusted with a public service or personal mission of a transport company...) is a aggravating circumstance. Then you risk 5 years imprisonment and €75,000 of fine.

Of additional penalties may be pronounced. For example:

  • Detoxification course
  • Confiscation of seized substances or plants
  • Confiscation of facilities, equipment...
  • Awareness training on the dangers of using drugs (at the expense of the convicted person)
  • Community service (between 20 and 400 hours)
  • Fine days
  • Prohibition of exercising a profession connected with the transport of goods or persons
  • Prohibition of driving certain land motor vehicles (with or without a license required)

Warning  

depending on the seriousness of the offense committed and your criminal history, a customs fine can be requested.

The public prosecutor may choose the implementation of alternative measures to prosecution.

They may order a treatment order (such as medical care or supervision) or put in place a penal composition.

An additional sentence may force you to follow, at your expense, a course to raise awareness of the dangers of using drugs, even if you are minor.

FYI  

The lawyer is not obligatory for this procedure.

If you want to be assisted by a lawyer but your resources do not allow you to pay him, you can ask to benefit from legal aid.

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