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Criminal offense: additional penalties

Verified 14 June 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

In addition to the fine and/or imprisonment, a person convicted of a criminal offense may be subject to an additional penalty. For example, the withdrawal of a driver's license, the deprivation of civil rights, the prohibition of working with minors, etc. The extent of these additional penalties varies depending on the nature of the offense: contravention, offense or crime..

For a crime

The main penalty is the penalty for conviction for the offense committed.

In the case of an offense, the main penalty is imprisonment and/or a fine.

The additional penalty is a penalty which is the main sentence.

However, by decision of the court, the additional sentence may replace the main sentence.

The additional sentence that may be imposed is closely linked to the type of offense committed. For example, a permit may be withdrawn for a speedingbut not for one flight.. Complementary penalties for offenses fall into several categories.

Withdrawal of a right

These include:

  • withdrawal of civil, civil and family rights. Such withdrawal shall entail ineligibility, loss of the right to vote and loss of the right to be guardian.. The prohibition may last for a maximum of 5 years for an offense,
  • withdrawal of parental authority in the event of an offense committed by a parent against his or her child,
  • a ban on issuing checks for up to 5 years,
  • the suspension of driving license for a maximum of 5 years
  • the final withdrawal of driving license with a prohibition against ironing for up to 5 years,
  • prohibition on holding a weapon for a maximum of 5 years
  • the definitive prohibition or for a maximum period of 5 years from keeping an animal, the prohibition may be limited to dogs deemed dangerous,
  • or prohibition of territory for foreigners including nationals of countries of the European Union, final or up to 10 years. This prohibition applies as soon as you leave prison.

Removal of property or animal

These include:

  • the removal of the property used to commit the offense, such as a computer,
  • the confiscation of vehicle,
  • or the confiscation of an animal which has been used to commit the offense.

Obligation to provide care or training

The court may order:

Business Restrictions

The court may decide on a temporary (5 years maximum) or final basis:

  • prohibition of engaging in a certain profession in the public or private sector, if the offense was committed in that context,
  • prohibition of working with minors, in the event of sexual offense,
  • the closure of a trade or undertaking,
  • or a ban on running a business.

Viewing Decision

The court decision may be:

  • posted at specified places (e.g. the business of the sentenced person)
  • or broadcast in specific media.

Posting or distribution shall be at the expense of the convicted person. The decision so posted or circulated does not include the name of the victim, unless the victim agrees.

If the additional penalty is added to a prison sentence or a fine, a convicted person who does not comply with his obligations may:

  • 2 years in prison
  • and €30,000 fine.

If the additional sentence was pronounced in place of a main sentence, the penalty for failure to comply shall be fixed at the initial trial.

The penalty shall not exceed:

  • or the penalty prescribed by the offense in question,
  • 2 years in prison or €30,000 fine.

For contravention

The main penalty is the penalty for conviction for the offense committed.

The main penalty for a contravention is the fine.

The additional penalty is a penalty which is the main sentence.

However, by decision of the court, the additional sentence may replace the main sentence.

The additional sentence that may be imposed is closely related to the type of offense committed. For example, a road safety awareness course for a speeding.. Complementary penalties for contraventions fall into several categories.

Withdrawal of a right

The court may decide:

  • the suspension driving license for a maximum period of 3 years,
  • a ban on driving certain land-based motor vehicles, including those for which driving licenses are not required, for a period of not more than 3 years,
  • prohibition of possession of a weapon,
  • or a ban on issuing checks or using a bank card for a period of up to one year. This penalty applies only to children 5th class tickets..

Withdrawal of property

The court may order the confiscation of:

  • a weapon,
  • the thing that was used to commit the offense,
  • or the animal used to commit the offense.

Training obligation

Different courses can be decided:

  • one road safety awareness training,
  • citizenship training,
  • parental responsibility internship
  • or an awareness-raising course on combating the purchase of sexual acts.

Work of general interest

For 5th class tickets, the perpetrator may also be sentenced to community service..

Penalty-reparation

In the case of a 5th grade violation, the court may impose a penalty and compensation. This penalty is intended to compensate the victim (e.g., rehabilitation of damaged property).

If the additional penalty is added to a prison sentence or a fine, a convicted person who does not comply with his obligations may:

  • 2 years in prison
  • and €30,000 fine.

If the additional sentence was pronounced in place of a main sentence, the penalty for failure to comply shall be fixed at the initial trial. This penalty may not exceed the penalty provided for by the offense concerned.

For a crime

The main penalty is the penalty for conviction for the offense committed.

In the case of crime, the main penalty is imprisonment and/or a fine.

The additional penalty is a penalty which is the main sentence.

The additional sentence that may be imposed is closely related to the type of crime committed. For example, the removal of parental authority for a crime committed on her children. Complementary sentences for crimes fall into several categories.

Withdrawal of a right

These include:

  • withdrawal of civil, civil and family rights. Such withdrawal shall entail ineligibility, loss of the right to vote and loss of the right to be guardian.. The prohibition may last for a crime not exceeding 10 years, for a crime not exceeding 5 years,
  • withdrawal of parental authority in the event of a crime or offense committed by a parent against his or her child,
  • a ban on issuing checks for up to 5 years,
  • the suspension of driving license for a maximum of 5 years
  • the final withdrawal of driving license with a prohibition against ironing for up to 5 years,
  • prohibition on holding a weapon for a maximum of 5 years
  • the definitive prohibition or for a maximum period of 5 years from keeping an animal, the prohibition may be limited to dogs deemed dangerous,
  • or prohibition of territory for foreigners including nationals of countries of the European Union, final or up to 10 years. This prohibition applies as soon as you leave prison.

Removal of property or animal

These include:

  • the removal of the property used to commit the offense, such as a computer,
  • the confiscation of vehicle,
  • or the confiscation of an animal which has been used to commit the offense.

Obligation to provide care or training

The court may order:

Business Restrictions

The court may decide on a temporary (5 years maximum) or final basis:

  • prohibition of engaging in a certain profession in the public or private sector, if the offense was committed in that context,
  • prohibition of working with minors, in the event of sexual offense,
  • the closure of a trade or undertaking,
  • or a ban on running a business.

Viewing Decision

The court decision may be:

  • posted at specified places (e.g. the business of the sentenced person)
  • or broadcast in specific media.

Posting or distribution shall be at the expense of the convicted person. The decision so posted or circulated does not include the name of the victim, unless the victim agrees.

A convicted person who does not comply with his obligations risks up to:

  • 2 years in prison
  • and €30,000 fine.