Criminal Ordinance

Verified 13 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The Criminal Ordinance is a simplified procedure used to deal with simple and minor criminal cases. It allows us to judge the defendant quickly, without a hearing, and takes into account the victim's compensation. We present you with the information you need to know.

The facts must be simple and certain and the investigation must show that the accused is the perpetrator.

In addition, the facts must be low gravity.

Contraventions

All contraventions may be tried by criminal order, even in the event of a repeat offense.

Offenses

The criminal order procedure applies to offenses which is usually judged in a single judge hearing.

Example :

The period of imprisonment incurred (maximum period provided for by law) must not exceed 5 years. But imprisonment does not seem necessary because of the low seriousness of the facts.

The penal order is forbidden for an offense committed at the same time as an offense for which the criminal order is not applicable.

Warning  

The penal order is prohibited in the event of a breach of the integrity of the person (example: assault and battery with total incapacity for work of more than 8 days). This prohibition applies regardless of the length of imprisonment.

Crimes

None crime shall not be tried by criminal order.

Some perpetrators cannot be tried by criminal order, even though the facts allow such a procedure to be used.

In particular, it is forbidden to try a juvenile defendant at the time of the events by penal order except for small offenses.

Tableau - Judgment of adult and minor offenders by criminal order

Major defendant

Juvenile defendant

Offense

Yes

No

5th Class Contravention

Yes

No

Contravention of 1st to 4th class

Yes

Yes

Please note

The defendant who has already been summoned to appear before the court by the victim (procedure of direct quotation) can no longer be tried by criminal order.

The criminal order shall be issued by a single judge.

This judge is the president of the correctional court if the offense is an offense. It shall be pronounced by tortious penalty order.

For a ticket, it's a judge of the police court who is competent. It shall be pronounced by contravention penalty order.

The procedure shall be initiated by the representative of the public prosecutor's office.

This is the public prosecutor, for offenses and contraventions of 5e class, or thePublic Prosecutor's Office (PMO), for contraventions of 1era at 4e class.

The public prosecutor (or the PMO) refers the case to the judge, forwarding it to him with his requisitions (his sentencing proposal).

FYI  

For an offense, the prosecutor cannot propose a prison sentence or a fine exceeding €5,000.

The case file must contain sufficient information about the defendant’s personality and financial situation to enable the judge to choose an appropriate sentence.

The criminal order procedure is not not contradictory. This means that there is no hearing and that the defendant does not appear before the judge before being convicted.

The judge relies solely on the evidence in the case file to make his decision.

Please note

Sometimes the defendant is summoned to court, but only for the notification of the order, he or she does not see a judge on the day of summons. If he wants to defend himself before a judge, he must appeal against the penal order.

The judge may refuse to make a criminal order if the conditions for using the procedure are not fulfilled.

In particular, he may refuse to rule if he considers a hearing necessary or if he considers that a prison sentence should be imposed.

In the event of a refusal to give a ruling, the judge shall refer the case back to the Public Prosecutor's Office for a referral of the court in accordance with the ordinary procedure.

When he agrees to give a ruling, he is not obliged to follow the requisitions of the Public Prosecutor's Office.

It can refuse to convict the defendant if it considers that he is not guilty. In that case, it makes an order that relaxation the defendant.

It may also decide to sentence the accused to a different sentence of the one proposed by the Public Prosecutor's Office.

Common rules

In the event of guilt, the judge must choose a penalty adapted to personality of the defendant.

It condemns the accused to the performance of a principal penalty, to which may be added one or more additional penalties.

The main penalty common to contraventions and offenses isfine.

Reminder

The judge may order the accused to a penalty other than that proposed by the public prosecutor.

Special features for offenses

In case of offenseHowever, the judge is limited in his choice of sentence: he cannot order the most severe correctional sentences by penal order.

L'imprisonment is prohibitedbut the judge can impose a sentence alternative to imprisonment. These are restrictive or disenfranchising penalties (withdrawal of licenses, confiscation of property, prohibition of professional practice, etc.), and probation penalties, TIG penalty and reparation.

The amount of the fine shall not exceed half of the fine normally incurred, but never exceeding the sum of €5,000.

The penalty of fine day is allowed

One additional penalty may be imposed as a primary sentence.

Please note

A judge who makes a criminal order shall give reasons for its decisionHowever, it is exempted from doing so if it is a contravention of a criminal order.

The victim may make claims for compensation (claim for damages) or restitution immediately upon investigation or later before the court.

His requests are dealt with in the Criminal Ordinance or later in a judgment on civil interests.

FYI  

The victim can also quote the accused in the police or correctional court, before a criminal order is issued.

Claim for damages

The procedure differs depending on whether the offense is a criminal tort order (CPO) or a criminal contravention order (CPO):

OPD

The victim may make claims for reparation or restitution either at the time of the investigation or later in court.

The victim made requests as soon as the investigation was completed

Claims for compensation or restitution made during the investigation shall constitute civil party. The Criminal Ordinance must decide on those applications.

Sometimes the judge does not have enough evidence to make a decision. This is the case, for example, if the victim has not been able to quantify their claims or if the claims are contested. In this case, the judge refers the case back to the prosecutor for a referral of the criminal court on civil interests.

If the judge fails to rule on the claims, the victim has the right to ask the public prosecutor to summon the defendant to a civil interest hearing. The prosecutor must inform the victim of this right.

The victim did not apply during the investigation

In this case, the public prosecutor must inform the victim that he has the right to ask him to summon the defendant to a civil interest hearing.

OPC

The penalty order cannot decide on the victim’s claim for compensation.

To seek redress, the victim must summon the defendant before the police court on civil interests using the trial procedure. direct quotation.

Payment of damages

The criminal order (or judgment on civil interests) that awards damages is a enforceable title.

It allows the victim to get the compulsory payment if the convicted person does not pay voluntarily.

The procedures for enforcement shall be the same as those laid down for enforcementenforcement of a judgment of the civil court.

In the event of difficulties in collecting damages, the victim may seize the Civi or the Sarvi.

Who shall I contact

Time limits for notification

When a criminal order is issued, it is transmitted on same day at the public prosecutor's office who must wait 10 days before notify the order to the parties.

From 11e day, the order may be served on the defendant and the victim as a civil party.

Form of notification

The notification shall be made by sending a registered letter with request for acknowledgement of receipt (LRAR).

The notification may also be made orally by the public prosecutor or by a delegate of the public prosecutor at a "notification hearing". In this case, the accused is summoned to court. On the day of the summons, the copy of the order he is hand-delivered.

If the accused does not appear at the summons, the criminal order is notified to him by LRAR.

If the notification mail returns to the court because it has not been delivered or not claimed, the accused can then be informed of his conviction by any means. Examples: significance by a Commissioner of Justice or notification by OPJ.

Please note

If the accused is sentenced to a fine-day sentence or to community service, notification to the accused must be made by the prosecutor or a delegate of the prosecutor.

Content of the notification

The parties shall receive a copy of the order.

The letter of notification explains to the parties that they can challenge the order by opposing it. It specifies how and when to object.

The parties are informed that, following an opposition, the case is retried following a ordinary procedure with hearing and that they have the right to legal counsel.

In the case of a criminal order, the notification notifies the defendant that the correctional court seised upon opposition may again impose a prison sentence.

The public prosecutor's office, the defendant and the victim may challenge the criminal order by opposition.

Opposition from the Public Prosecutor's Office

When the criminal order is issued, it is transmitted the same day to the public prosecutor who has 10 days to file an objection.

Opposition by the defendant and the civil party

The accused may limit his opposition to the criminal or civil decisions of the criminal ordinance.

The victim can only object to the civil decisions of the penal order.

Opposition periods

Opposition vs. tortious penalty order shall be formed in front of the correctional court. The time limit for lodging an objection shall be 45 days.

Opposition vs. contravention penalty order shall be formed in front of the police court. The opposition period shall be reduced to 30 days.

The opposition period shall run from:

  • the date the mail was sent recommended notification
  • or the date of verbal notification by the public prosecutor or his delegate.

FYI  

If the notification mail returns “undelivered” or “unclaimed”, a new period of 30 days shall run from the day on which the accused actually becomes aware of his conviction.

Form of opposition

Opposition can be made by post by sending a simple or registered letter. The letter must be sent within the opposition period. We're checking the deadline with the postmark. Recommended mail is preferable because it keeps track of the shipment.

Opposition is also possible by declaration at the Registry. In this case, you have to come to court in person or have a lawyer represent you to register the statement of opposition.

Consequences of opposition

In the event of opposition, the case shall be retried in accordance with the ordinary procedure before the correctional court or the police court.

The parties shall be convened at the hearing.

The appeal may be waived and the opposition withdrawn until the day of the hearing.

In the absence of opposition, the penalty order may be enforced. The rules are the same as for the execution of a judgment of the correctional court or the police court.

Payment of the fine

The fine and the fixed procedural rights are payable to the public finance accountant.

If the payment is made spontaneously within the 1 month following the verbal notification or the sending of the notification mail, a reduction of 20%is granted.

If payment is not made within 1 month, the public treasury sends the convicted person a command to pay. The command gives a new deadline for payment. If the convicted person does not pay the fine within the deadline, the treasury can proceed with seizures (third-party seizure most often).

Passage through the enforcement office (BEX)

Persons summoned for the notification of a criminal order are often invited to report to the Office of Enforcement (BEX).

The BEX is a court department that welcomes convicts to explain the decision against them. It shall provide the sentenced person with all the documents necessary for the execution of the sentences imposed.

In particular, the convicted person shall be given a statement of criminal conviction with a view to payment of the fine. In the event of a license suspension, he is given the document "reference 7". Other documents may be given to him (e.g. summons to the insertion and probation service responsible for monitoring the execution of the TIG).

Sometimes a public treasury officer is present at the BEX. In this case, the convicted person may, if he wishes, pay his fine and the fixed procedural fees directly.

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