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Additional penalties in criminal matters
Verified 14 March 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The least serious offense, which is punishable by a fine
Act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years
Most serious offense punishable by imprisonment (e.g. intentional killing or rape)
Offense classified in 5 categories, ranging from the least serious (1st class ticket) to the most serious (5e class). The penalty is a fine not exceeding €1,500, or €3,000 in the case of a repeat offense.
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Supplementary or main penalty in criminal matters, which requires the sentenced person to comply with various measures such as the obligation to respond to summonses, to warn of a change of address, the prohibition of visiting certain places or orders for care
Prison sentence for crime.
In some cases, the criminal judge may supplement a primary sanction (e.g. a fine or prison sentence) with a complementary one. This type of penalty varies according to the nature and gravity of the offense committed: contravention, offense, or crime. We present you with the information you need to know.
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Contravention
In principle, the main penalty for a contravention is the fine.
Additional penalties may add to the principal sanction.
In some cases, the police court may decide to replace the main penalty with one or more additional penalties.
Additional penalties are closely related to the type of contraventions clerk (for example, a road safety awareness course for a speeding).
Some additional penalties apply to all contraventions. Others can only be imposed on the perpetrators of a fifth-class ticket (for example, the perpetrator of a slap may be fined and may perform community service).
In all cases, additional penalties are divided according to their purpose.
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Additional penalties applicable to all contraventions
Withdrawal of a right
Some additional penalties are intended to deprive the convicted person of a right. These include:
- Suspension driving licenses for a maximum period of 3 years
- Prohibition of driving certain land motor vehicles, including those for which a driving license is not required, for a period of not more than 3 years
- Withdrawal of the hunting license, with a ban on applying for a new license for 3 years
- Prohibition of possession of a weapon
Confiscation of property or animal
Certain additional penalties are intended to deprive the offender of a contravention of the right to benefit from a property or an animal:
- Confiscation of a weapon
- Confiscation of the object (e.g. vehicle) or animal (e.g. attack dog) that was used to commit the offense
Obligation to complete an internship
There are additional penalties, the purpose of which is to force the convicted person to take training. In the area of criminal offenses, the main courses are as follows:
- Road Safety Awareness Course
- Citizenship Internship
- Internship in parental responsibility
Additional Penalties Applicable to the Fifth Class Contravention
Withdrawal of a right
Some additional penalties are intended to deprive the convicted person of a right. These include:
- Suspension driving licenses for a maximum period of 3 years
- Prohibition of driving certain land motor vehicles, including those for which a driving license is not required, for a period of not more than 3 years
- Withdrawal of the hunting license, with a ban on applying for a new license for 3 years
- Prohibition of possession of a weapon
Confiscation of an animal or property
Certain additional penalties are intended to deprive the offender of a contravention of the right to benefit from a property or an animal:
- Confiscation of a weapon
- Confiscation of the object (e.g. vehicle) or animal (e.g. attack dog) that was used to commit the offense
Obligation to complete an internship
There are additional penalties, the purpose of which is to force the convicted person to take training. In the area of criminal offenses, the main courses are as follows:
- Road Safety Awareness Course
- Citizenship Internship
- Internship in parental responsibility
Work of general interest
If the court imposes this additional penalty, the sentenced person must carry out a work of general interest for a period of between 20 and 120 hours.
Sanction and reparation
The court may impose a penalty and reparation. This sentence allows the offender to make amends for the harm he has caused the victim. This may involve paying money or repairing damaged property.
Prohibition on issuing checks
The court can order a ban on writing checks. In this case, the author of the act is entered in the Central Check File maintained by the Banque de France and cannot pay by check.
The offender who fails to comply with the additional penalty imposed on him may be subject to new penalties. They differ depending on the role of the complementary penalty.
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The additional penalty is in addition to the main penalty
A convicted person who fails to comply with the obligations imposed on him by the additional penalty may be sentenced to up to two years in prison and €30,000 of fine.
The supplementary sentence replaces the principal sentence
The penalty for non-compliance with the additional penalty shall be fixed at the initial trial. This sentence may not exceed the principal penalty for the contravention.
Offense
For offenses, the correctional court imposes a main sentence (e.g. imprisonment, fine, community service).
Additional penalties may add to the principal sanction.
In some cases, the court may decide to replace the main penalty with a supplementary penalty.
Additional penalties are closely related to the type of offense clerk (example: license revocation applies to the author of a speedingbut not for a theft). These penalties are divided according to their purpose.
Please note
In principle, additional penalties are optional in criminal matters. However, in some cases the correctional court is obliged to impose a specific additional penalty (for example, photographing a person at home and without his consent is always punishable by confiscation of the object used to commit the act).
Withdrawal of a right
Some additional penalties are intended to deprive the convicted person of a right. These include:
- Withdrawal of civil, civil and family rights. This withdrawal entails, in particular, ineligibility, loss of the right to vote and the right to be guardian. The prohibition may last for a maximum of 5 years for an offense.
- Withdrawal of parental authority, in the case of an offense committed by a parent on his child
- Prohibition on issuing checks for up to 5 years
- Suspension of driving license for up to 5 years
- Permanent withdrawal of the driving license with a ban on ironing it for up to 5 years
- Prohibition on holding a weapon for up to 5 years
- Definitive or up to 5-year ban on keeping an animal, the prohibition may be limited to dogs deemed dangerous
- Prohibition to travel to certain places for a maximum of 5 years
- Inadmissibility for foreigners, including nationals of European Union countries, definitive or up to 10 years. This prohibition applies immediately upon release from prison.
Confiscation of property or animal
Some additional penalties are intended to deprive the perpetrator of an offense of the right to benefit from a property or an animal:
- Confiscation of a weapon
- Confiscation of the object (e.g. vehicle) or animal (e.g. attack dog) that was used to commit the offense
Obligation to complete an internship
Some additional penalties are intended to oblige the offender to undertake training. The main courses are:
- Road Safety Awareness Course
- Internship for the prevention and control of domestic violence and sexist
- Internship in parental responsibility
- Drug Hazard Awareness Course
Injunction to care
The correctional court may issue a care order against the perpetrator of an offense for which a social and judicial follow-up is incurred (example: the judge may order socio-judicial follow-up against the perpetrators ofsexual assault). The convicted person must also be able to receive medical treatment.
If the sentence is imposed, the court orders the convicted person to undergo medical procedures to improve his or her health.
Occupational Restrictions
There are additional penalties to prevent the convicted person from engaging in certain professional activities. The ban can be imposed for a limited period (maximum 5 years) or permanently. The most common additional penalties of occupational restriction are:
- Prohibition of the practice of a certain profession in the public or private sector, if the offense was committed in that context
- Prohibition of working with minors, in the case of of sexual offense
- Closure of a business or company
- Prohibition of managing a company
View Decision
The court issuing the additional sentence may decide that its decision be posted in certain locations (e.g. the company of the sentenced person) or that it be broadcast in certain media.
Posting or broadcasting 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.
The perpetrator of an offense which does not comply with the additional sentence imposed on him is subject to new sanctions. They differ depending on the role of the complementary penalty.
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The additional penalty is in addition to the main penalty
In criminal matters, the new penalty depends on the purpose of the additional penalty imposed at the initial trial.
For example, at the trial the author was sentenced to the posting of the decision. If he does not respect this sentence he faces six months imprisonment and €7,500 of fine.
The supplementary sentence replaces the principal sentence
The penalty for non-compliance with the additional penalty shall be fixed at the initial trial. This penalty may not exceed the main penalty for the offense committed, nor the penalty of two years' imprisonment and €30,000 of fine.
Crime
The main penalty for a crime is criminal imprisonment.
The criminal court or the criminal court may impose a supplementary sentence in addition to the main penalty.
The court which is trying the case cannot decide to replace the main sentence with a supplementary sentence.
Additional penalties are closely related to the type of crime committed (for example, the perpetrator of a criminal act against his children faces the withdrawal of parental authority). These penalties are divided according to their purpose.
Withdrawal of a right
Some additional penalties are intended to deprive the convicted person of a right. These include:
- Withdrawal of civil, civil and family rights. This withdrawal entails, in particular, ineligibility, loss of the right to vote and the right to be guardian. The prohibition can last up to 10 years for a crime.
- Withdrawal of parental authority in the case of a crime committed by a parent on his child
- Suspension of driving license for up to 5 years
- Permanent withdrawal of the driving license with a ban on ironing it for up to 5 years
- Prohibition on holding a weapon for up to 5 years
- Definitive or up to 5-year ban on keeping an animal, the prohibition may be limited to dogs deemed dangerous
- Prohibition to show up in certain places for a maximum of 10 years
- Inadmissibility for foreigners, including nationals of European Union countries, definitive or up to 10 years. This prohibition applies immediately upon release from prison.
Confiscation of an animal or property
Some additional penalties are intended to deprive the perpetrator of a crime of the right to benefit from property or an animal:
- Confiscation of a weapon
- Confiscation of the object (e.g. vehicle) or animal (e.g. attack dog) that was used to commit the offense
Obligation to complete an internship
There are some additional penalties that require the offender to undertake training. The main courses are:
- Internship for the prevention and control of domestic violence and sexist
- Internship in parental responsibility
- Drug Hazard Awareness Course
Injunction to care
The Court of Assize or the Criminal Court may issue a care order against the perpetrator of a crime for which social and judicial follow-up is incurred (example: the judge may order socio-judicial follow-up against the perpetrators of rape). The convicted person must also be able to receive medical treatment.
If the sentence is imposed, the court orders the convicted person to undergo medical procedures to improve his or her health.
Occupational Restrictions
There are additional penalties to prevent the convicted person from engaging in certain professional activities. The ban can be imposed for a limited period (maximum 5 years) or permanently. The most common additional penalties of occupational restriction are:
- Prohibition of the practice of a certain profession in the public or private sector, if the offense was committed in that context
- Prohibition of working with minors, in the case of of sexual offense
- Closure of a business or company
- Prohibition of managing a company
View Decision
The court issuing the additional sentence may decide that its decision be posted in certain locations (e.g. the company of the sentenced person) or that it be broadcast in certain media.
Posting or broadcasting 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.
The perpetrator of a crime that does not comply with the additional sentence imposed on him is subject to new sanctions. They are fixed according to the purpose of the additional sentence handed down at the initial trial.
For example, at trial, a person is sentenced to a prohibition on engaging in the professional activity in which the crime was committed. If she fails to comply with this prohibition, she could face up to 2 years in prison and €30,000 of fine.
Additional penalties for a crime or offense
Additional penalties for a contravention
Penalties for non-compliance with additional penalties for non-compliance
Penalties for non-compliance with additional criminal and criminal penalties
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