What are the differences between a ticket, a crime and a crime?

Verified 08 December 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The contraventions, the offenses and crimes are the 3 types of infringements punishable by a criminal penalty (fine or prison). The main difference is in the seriousness of the act and the penalty. The offense is the least serious of the three offenses, the offense is the intermediate offense and the crime is the most serious offense. Another difference concerns the courts with jurisdiction to try the perpetrators of these offenses and the limitation periods applicable.

The contravention is the least serious of the offenses. It is classified in 5 categories, the least serious (contravention of 1era class), to the most serious (contravention of 5eme class). Examples of contraventions: threat of degradation, slight deterioration of property, light violence.

The offense is an offense of medium seriousness, between the offense and the crime. Examples of offenses: theft, abuse of social property, discrimination, psychological harassment, sexual touching, manslaughter.

The crime is the most serious offense. Examples of crime: murder, rape.

Depending on their seriousness, offenses may be punishable by a fine and/or imprisonment. Additional penalties may be imposed in addition to the main penalty of fine or imprisonment. For example, a duty to care.

Fine

Tableau - Fine corresponding to the infringement

Offense

Amount of the fine

Contravention

1era class

€38 maximum

2eme class

€150 maximum

3eme class

€450 maximum

4eme class

€750 maximum

5eme class

€1,500 or €3,000 in the case of a maximum recurrence

Offense

€3,750 at least

Crime

€3,750 at least

Warning  

some offenses in the first 4 classes are punishable by a flat-rate fine. The amounts are then lower.

Prison sentence

Tableau - Penalty of imprisonment corresponding to the offense

Offense

Prison sentence

Contravention

None

Offense

From 2 months to 10 years

Crime

From 15 years to life (life imprisonment)

Additional penalties

Tableau - Additional penalties applicable to the offense

Offense

Possible penalties

Contravention

- Deprivation of rights or penalties restricting rights (suspension or withdrawal of licenses, confiscation of property, prohibition of issuing checks, etc.)

- Penalties for penalty and reparation (e.g. restoration of damaged object)

- Awareness-raising courses: combating the purchase of sexual acts, the dangers of drug use, road safety, etc.

Offense

- Citizenship Internship

- Work of general interest

- Miscellaneous constraints (prohibitions, confiscations, orders for care...)

- Additional (or alternative) penalties for contraventions

Crime

Miscellaneous constraints (prohibitions, confiscations, treatment orders, etc.)

FYI  

sometimes community service can be offered as an alternative to imprisonment and not as a complementary punishment.

A different court judges the perpetrators of each of the three types of offense.

Tableau - Jurisdictions with jurisdiction based on the offense

Offense

Jurisdiction

Contraventions

Police Court

Offense

Correctional Court

Crime

Court of Assize

Please note

if the same case involves more than one offense (theft and murder, for example), the court hearing the most serious offense will decide all the offenses. For example, the criminal court judges the offenses (theft) associated with a crime (murder).

The limitation period is the period during which an infringement may be continued. It is usually calculated from the date of the facts concerned. A different limitation period shall apply for each type of infringement.

Tableau - Limitation periods depending on the infringement

Offense

Ordinary time limit

Contravention

1 year

Offense

6 years

Crime

20 years

Warning  

the statute of limitations is 30 years for certain crimes considered to be particularly serious (terrorism, sexual crime against minors, trafficking in human beings, for example).