Conduct of the proceedings before the police court

Verified 09 August 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You are prosecuted for a ticket or a victim of a ticket that will be tried in the police court. You want to know how a case goes before the police court? We present you with the information you need to know.

The Police Court judges the perpetrators of police tickets of 1re at 5e class. Contraventions are offenses for which the law provides for a fine not exceeding € 3 000.

He is seized by the public prosecutor

FYI  

Some contraventions may also be tried without a hearing in the form of a criminal order.

The police court is seised by the public prosecutor as a result of contravention.

He decide that it will be the subject of a simplified procedure (penal ordinance) or an ordinary procedure. In this case, the perpetrator is summoned to a hearing before the police court by delivery of the summons by a judicial police officer or by Quote.

The police court may also be seised by:

  • Direct Quote at the initiative of the victim of the offense
  • Order of Reference of the Judge of instruction
  • Voluntary appearance of the perpetrator following the notice issued to him by the public prosecutor.

The public prosecutor may apply to the police court for a criminal order. It may also summon the perpetrator to a hearing.

Criminal Ordinance

The Public Prosecutor forward the investigation file penal to president of the police court with its requisitions. In it, he states the sentence he seeks for the acts committed and the procedure he chooses:the penal order.

In the light of the requests of the public prosecutor, the president of the court issues a criminal order without the perpetrator being heard. He may follow the prosecutor's request or decide on another conviction or refer the case back to an ordinary hearing if he considers it useful to hear the parties.

The penal order is notified to the defendant by registered letter with acknowledgement of receipt (LRAR).

The notification the order may also be made orally. The defendant shall be convened by the public prosecutor's office or the prosecutor's delegate.

The notification of the criminal ordinance shall specify the time limits and the remedies available.

Ordinary procedure

The parties (defendant, civil party) are called to a hearing by quotation or written summons remitted by a judicial police officer .

The defendant appeared in person at the hearing.

The lawyer is not obligatory.

The accused may ask to be assisted by a public defender.

Who shall I contact

The civil party may appear in person. They may be assisted or represented by a lawyer.

It may apply for legal aid

At the hearing, the presiding officer the hears and any witnesses.

He examine the evidence and the various exhibits produced by the parties.

He can conduct interrogations or confrontations.

The public prosecutor's office takes its requisitions to seek a penalty for the defendant or requests its relaxation.

The accused shall be given the floor last.

The court deliver its decision at the hearing or refer the case to a later date for the delivery of the decision.

FYI  

Minutes or reports drawn up by judicial police officers font belief until proven otherwise. In order to prove the contrary, evidence (testimonies, written...) must be adduced.

At the hearing or by criminal order, the president of the police court may pronounce a sentence fine the amount of which varies according to the seriousness of the infringement. He cannot hand down a prison sentence.

In addition to a fine, it may also issue a additional penalty for example, a suspension of driving licenses, a withdrawal of hunting licenses...

It may also issue the confiscation of the thing used to commit the offense (weapon...).

The President may make the relaxation when the accused is not proven guilty during the trial or if the prosecution is unfounded.

The president of the police court also decides on the claims of the civil parties (compensation...).

FYI  

The defendant relaxed may claim compensation from the State. Whether the prosecution was initiated by direct quotation the defendant may claim damages from the civil party.

The victim may form civil party and request damages by way of compensation for the damage suffered.

The victim may bring a civil action at the time she files her complaint with the police, gendarmerie or the public prosecutor. It may also bring a civil action in writing before the hearing or orally on the day of the hearing.

The lawyer is not obligatory.

If she wishes to be assisted by a lawyer and her resources are insufficient, she can apply for legal aid .

In addition to damages, it is possible to claim reimbursement of costs incurred in connection with the trial (fees) lawyers, travel expenses...).

If the victim has difficulty recovering damages, it may seize the Service d'aide au recovery des victims d'infraction (Sarvi).

Who shall I contact

The parties may to challenge a decision of the police court. The remedy differs if it is a criminal order or a judgment.

FYI  

The civil party may challenge a decision only in respect of compensation for his loss or the application for refund of objects. She cannot appeal the criminal conviction (fine, suspension of driving license...).

To challenge the criminal order

It is possible challenge the penalty order by opposition.

The sentenced party has 30 days to oppose from the date of dispatch of the registered letter with notice of receipt or from the date on which it became aware of the Criminal Ordinance. If the notification has been made verbally, the period shall run from day of verbal notification.

Opposition can be made as follows:

  • Letter addressed to graft of the police court that issued the criminal order (postmark is authentic)
  • Oral declaration at the Registry the police court that registers it. The declaration shall be signed by the registrarand the accused or his or her agent (lawyer or a representative with special powers).

The procedural file is referred to a hearing to be judged.

Challenge the judgment 

The convicted party may challenge criminal and civil convictions.

The remedy depends on the qualification judgment and pain pronounced.

This qualification is it must be stated in the decision. It depends on whether the person has been summoned regularly and whether or not he or she is present at the hearing.

The judgment may be challenged by call if it's a five-year tickete class.

The appeal in cassation is the only way to challenge the contraventions of section 1re at 4e class.

The Opposition is the remedy for judgments given by defect (parties who were not aware of the summons and were absent from the hearing).

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Call

Decisions subject to appeal are the decisions for which the accused has been regularly convened.

These are:

  • Judgments contradictory (attendance at the hearing)
  • And judgments contradictory to be served (absence from the hearing).

The call concerns the convictions for contraventions of 5e class (penalty incurred up to €1,500 or €3,000 in case of recurrence).

It may relate to judgments suspending the license to drive and on fined more than €150.

The appeal may be made by:

  • Defendant or his lawyer
  • Person responsible for civil matters (e.g. employer of a truck driver)
  • Civil party (only on damages)
  • Public Prosecutor's Office (Public Prosecutor, attorney general).

The time limit for appealing is 10 days as of delivery of judgment (contradictory judgment) or the service of judgment (contradictory judgment to be served).

The statement of appeal shall be made at the graft of the court which gave the decision.

Who shall I contact

The case is retried by the Court of Appeal.

Opposition 

The Opposition concerns judgments given by defect (parties who were not aware of the summons and were absent from the hearing).

The sentenced party has 10 days on service of the judgment or on the day on which it became aware of the decision to oppose.

The opposition is either:

  • By letter addressed to graft (the postmark proves the date)
  • Or by oral declaration to the Registry, which shall register it.
Who shall I contact

The case shall be retried by the police court that issued the judgment.

FYI  

It is advisable to keep proof of sending your opposition.

Appeal in cassation

The appeal is the only possible recourse for judgments delivered in last resort. These are the judgments sanctioning the offenses of the 1re at 4e class and whose fines actually imposed are less than or equal to €150.

The time limit for filing an appeal shall be 5 clear days from the date of delivery of the decision or of its significance.

The parties may appeal on a point of law to graft of the police court.

Who shall I contact

Please note

The court of cassation don't try the case again. It verifies that the law and the procedure have been followed.

Who can help me?

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