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

Verified 08 March 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Contraventions, offenses and crimes are the 3 types of infringements punishable by a criminal penalty (fine, prison, etc.). The main difference lies in the seriousness of the act and the penalties incurred. The offense is the least serious, the offense is the intermediate, and the crime is the most serious. Depending on the type of act committed, the courts and limitation periods differ.

Offenses are listed in ascending order, from the least serious to the most serious:

Contravention

The offense is the least serious of the offenses. It is divided into 5 categories, ranging from the least serious (1st class ticket) to the most serious (5th class ticket):

  • Contravention of 1re class (e.g. non-compliance with parking rules)
  • Contravention of 2e class (e.g. absence of insurance certificate)
  • Contravention of 3e class (example: threats of light violence)
  • Contravention of 4e class (e.g. threat of destruction of property)
  • Contravention of 5e class (example: using prostitution)

Attempted contraventions are never punishable (for example, attempting to hire a prostitute but being prevented from doing so, for reasons beyond one’s control, cannot be punished).

Offense

The offense is the most widespread offense. Of intermediate seriousness, this type of offense falls between contraventions and crimes (examples of offenses: theft, scam, discrimination, sexual assault, manslaughter).

The person prosecuted for an offense is called defendant. If, at the end of the trial, the person is not convicted, he or she is said to be relaxed.

The attempted offense may be punished only if a law so provides. For example, the law provides that attempted theft is punishable. On the contrary, there is no law to punish attempted violence.

Crime

The crime is the most serious offense (examples of crimes: murder, rape).

The term accused means persons who are prosecuted for a crime. If, at the end of the trial, the accused is not convicted, he is said to be acquitted.

Because of the seriousness of this offense, attempted crime is always punishable.

Please note

Only 5th Contraventions class, the offenses and crimes are mentioned on the criminal record. Contraventions of the first 4 classes are not included.

The penalty incurred by the perpetrator of an act shall be set by the text which punishes the offense. It can be a fine, a prison sentence or another punishment (example: work of general interest).

When sentencing, judges may not exceed the thresholds set out in the law or regulation. If it cannot exceed the maximum, the penalty may be less than the penalty.

In addition to the main penalties (fines, prison, etc.), the court may impose additional penalties.

In case of recurrence, the amount of the fine or prison sentence may be increased.

Fines incurred

Tableau - Fines applicable to the contravention, offense and crime

Offense

Amount of the fine

Contravention

1re class

€38 maximum

2e class

€150 maximum

3e class

€450 maximum

4e class

€750 maximum

5e class

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

Offense

€3,750 at least

Crime

€3,750 at least

Warning  

Certain offenses of the first 4 classes may be subject to flat-rate fine. The amounts are then lower.

Prison sentences

Tableau - Prison sentence corresponding to the offense, offense and crime

Offense

Prison sentence

Contravention

None

Offense

From 2 months to 10 years ofimprisonment

Crime

15 years of criminal imprisonment to life imprisonment (life imprisonment)

Other main penalties

Tableau - Penalties instead of prison for each offense

Infringements

Other main penalties

Contravention

  • Penalties involving deprivation or restriction of rights (e.g. suspension of driving license for up to 1 year)
  • Penalty and reparation: obligation to compensate the victim

Offense

  • Home detention under electronic surveillance: the sentenced person wears an electronic bracelet and must remain at home or in the place designated by the judge, except outside the periods set by the judge
  • Fine-day
  • Sanction and reparation
  • Penalties involving deprivation or restriction of rights (e.g. cancelation of driving license).
  • Internship sentences (e.g. drug awareness training)
  • Work of general interest

Crime

None

Additional penalties

Tableau - Additional penalties applicable to the offense, offense and crime

Offense

Possible penalties

Contravention

  • Suspension of the driving license for a period of 3 years, withdrawal of the hunting license, confiscation of the object which has allowed the offense to be committed, prohibition of holding an animal for a period of 3 years...
  • Traineeships: awareness of road safety, the dangers of drug use, the fight against animal abuse...
  • Penalty and Redress (for 5th Class Contraventions)
  • For contraventions of 5e class, community service sentence for 20 to 120 hours.

Offense

  • Internship Sentences
  • Confiscation of an object or an animal, order for care, withdrawal of parental authority, closure of an establishment...

Crime

A fine, an injunction for medical treatment, confiscation of an object or an animal...

The jurisdiction of criminal courts depends on the type of offense committed.

Tableau - Jurisdictions with jurisdiction based on the offense

Offense

Jurisdiction

Contraventions

Police Court

Offense

Correctional Court

Crime

Court of Assize or Criminal Court

Please note

If the same case involves several offenses (theft and murder, for example), the court hearing the most serious offense will judge 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 prosecuted. Generally, it begins on the date the offense was committed. A different limitation period shall apply for each type of infringement.

Tableau - Limitation periods depending on the infringement

Offense

Limitation period

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). For other crimes, the perpetrator may be prosecuted for the rest of his life. This is called a non-prescriptive crime.

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