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Fines

Verified 30 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)

A fine is a criminal penalty consisting of paying a sum of money to the public treasury. The amount depends on the severity of offense.. He is underrated in the event of prompt payment and increased in case of late payment. The fine must be imposed by a judge after a trial. However, for ordinary and low-level offenses, a flat-rate fine may be imposed by a public official. The payment of the lump sum fine ends the proceedings and avoids a trial.

Flat fine

Definition

A flat-rate fine is a criminal penalty that is imposed outside a trial. The decision shall be taken by a police officer, policeman or authorized public official who establishes a offense.. The sanction is to pay a sum of money to the public treasury. The amount of the flat-rate fine shall be fixed in accordance with the seriousness of the infringement. Officers do not have the authority to adapt it to the situation.

The alleged offender shall receive a notice which shall include the following information:

  • Nature and circumstances of the offense
  • Amount of fine
  • Time to pay or to contest

Payment of the lump sum fine within the time limit shall result in the file being closed without further action. In this case, there are no prosecutions or trials.

Failure to pay the flat-rate fine within the time limit shall result in an increase, unless there has been a dispute within the time limit.

If the increased fine is not paid, there are lawsuits that may result in a trial. The trial shall be held before the court competent to try the offense (police court, correctional court).

FYI  

for traffic offenses, certain administrative penalties may apply despite payment of the fine. For example, the withdrawal or suspension of a driver's license or the immobilization of the vehicle.

Application and exclusion cases

The flat-rate fine procedure may be used only for tickets for the first 4 classes and some offense current. These include traffic offenses, which have special scheme..

The flat-rate fine shall not apply to a person who has committed several offenses simultaneously, if one of the offenses is punished by a penalty other than the flat-rate fine.

It also does not apply to a person who has committed the same crime several times contravention, if the law provides that the repetition of the contravention constitutes a offense..

Flat fine for contravention

Tableau - Amounts of flat-rate fine according to class of contravention

Contravention

Flat fine

Pedestrian offense

€4

1re class

€11

2e class

€35

1e class

€68

4e class

€135

FYI  

the amount of the fine is underrated or increased according to the period within which payment is made.

Flat fine for misdemeanor

The amount of the lump-sum penalty shall be fixed in accordance with the seriousness of the offense. It cannot go beyond €3000..

Tableau - Examples of flat-rate fines for offenses

Delirium

Flat fine

Driving without insurance

€500

Driving without a license

€800

Cumulation of fines

Where a person commits at the same time several offenses punishable by flat-rate fines, the fines laid down for the various offenses shall be added together. For example, if during the same check, the police finds a not wearing a belt and the use of the telephone while driving.

Where a person commits at the same time offenses punishable by flat fines and offenses punishable by non-flat fines, the case must be tried. The competent court shall have the power to try the most serious offense. The fines for the various offenses are added up.

The flat-rate fine must be paid within 45 days of the date of sending of the notice (60 days in case of payment by telemetry).

If payment is made within 15 days (30 days in case of payment by telemetry), the amount of the fine is underrated..

If payment is not made within 45 days (60 days in case of payment by telemetry), the amount of the fine is increased..

In the event of non-payment of the increased lump-sum fine, the Treasury may initiate a procedure of forced recovery.

Flat fine for contravention

Several payment methods are possible.

By telemarketing

If the telephony reference is on the payment card, you can pay the flat-rate fine for contravention remote minority.

The payment can be made by internet, on a computer or on a smartphone after download of the application “Fines.gov” on Google Play or App Store, or by phone.

Pay your fine on fines.gouv.fr

Who shall I contact
By dematerialized stamp

The flat-rate fine for a minor infringement may also be paid by dematerialized stamp, available from certain licensed tobacco dealers electronic payment of fines..

You must present the payment stub to the tobacco dealer and pay the fine. In return, he issues you a proof of payment.

By mail

The flat-rate fine for a minor contravention may be paid by check. The check must be made payable to the Treasury (or the Directorate-General for Public Finance, as indicated on the payment card). It must be accompanied by the payment card.

On site

The flat-rate fine for a minor infringement may also be paid at the counter of a public finance center, in cash, by check or by credit card, but the cash payment is limited to €300..

Flat fine for misdemeanor

Several payment methods are possible.

By telemarketing

If the telephony reference is on the payment card, you can pay the fine at a distance.

The payment can be made by internet, on a computer or on a smartphone after download of the application “Fines.gov” on Google Play or App Store, or by phone.

Pay your fine on fines.gouv.fr

Who shall I contact
By mail

The penalty may also be paid by check payable to the Treasury (or to the Directorate-General for Public Finance, as indicated on the payment card).

Attach the payment card to the check.

On site

The fine can be paid at the counter of a public finance center, in cash, by check or by credit card. But the cash payment is limited to €300..

Challenge of the flat fine for infringement

Time

To challenge the monetary penalty for contravention, you must act within the following time limits:

  • Flat fine: 45 days from the date the notice of contravention was sent
  • Lump sum increased: 30 days from the sending of the notice of increased flat-rate fine.

Procedure

The challenge to the flat-rate fine shall be made by a request for exemption and the challenge to the flat-rate fine shall be made by a complaint.

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Online

The challenge can be made directly online on the website of the National Automated Crime Processing Agency (ANTAI).

Notice of flat-rate fine: online protest

By mail

You must complete the form attached to the notice you received:

  • Exemption Request Form for Notice of Violation
  • Claim form in case of increased flat-rate fine.

Follow the instructions on the form to complete it and find out what documents to attach (notice received, letter on free paper stating the reasons for your challenge, etc.).

Documents to be sent by letter RAR: titleContent to the Public Prosecutor's Office (OMP). His address appears on the notice.

No logging

You do not have to pay a deposit to be able to challenge the reality of the offense, except for exceptions.

Dispute handling

The officer of the public ministry examine the file and inform you of its decision.

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The offense is not established

If the officer of the Public Prosecutor's Office considers that there is not enough evidence of the offense, he or she will dismiss the case.

If you had to pay a deposit, it will be refunded automatically.

You can also apply for a refund from the Public Treasury Accountant whose contact information appears on the notice of contravention. The application must be sent in writing and a copy of the decision to dismiss must be attached.

The offense is established

If the officer of the prosecution considers that the offense is sufficiently established, the fine shall be increased.

Challenge of the flat fine for misdemeanor

Time

To contest the flat-rate fine for misdemeanor, you must act within the following time limits:

  • Flat fine: 45 days from the date the notice of contravention was sent
  • Lump sum increased: 30 days from the sending of the notice of increased flat-rate fine.

Procedure

The procedure is not the same for the criminal flat-rate fine and for the increased criminal flat-rate fine.

Convicted lump sum fine (not increased)

To challenge the misdemeanor lump sum fine, you must send an exemption request to the service indicated in the notice of infringement.

If it is the National Automated Crime Processing Agency (ANTAI), you can file an online challenge.

Notice of flat-rate fine: online protest

You can attach a scanned copy (scanned in PDF, JPG or ZIP format) of the Notice of Violation or the Exemption Request Form. However, this piece is not required to make the step.

The challenge may also be made in writing. You must complete the Exemption Request form and add a letter stating the reasons for your objection and the evidence available to you.

Documents to be sent by letter RAR: titleContent to the Public Prosecutor's Office (OMP). His address appears on the notice.

Lump sum increased

To contest the increased lump sum penalty, you must send a reasoned written claim to the public ministry..

You must complete the claim form attached to the notice of assessment and accompany it with a letter stating the reasons for your objection. Don't forget to add any evidence you have.

Requirement

You must pay logging the amount of the fine to be able to challenge the offense. The deposit will be refunded if the case is dismissed or if you are released by the court.

You can apply for a refund from the Public Treasury Accountant whose contact information appears on the notice of contravention. The application must be sent in writing and a copy of the decision to dismiss must be attached.

Dispute handling

The challenge is examined by the public prosecutor, who informs you of his decision.

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The request is not admissible

The public prosecutor may declare that your claim is inadmissible because it is not substantiated or because you did not use the form attached to the notice of assessment.

You can challenge the prosecutor's decision before the president of the correctional court or a judge appointed by the president of the judicial court. The decision of the Public Prosecutor specifies the competent judge to consider your appeal.

The request is admissible

Classification without follow-up

The public prosecutor may dismiss the case without further action if he considers that there is not enough evidence of the offense, or that it is not wise to proceed to trial.

Legal proceedings

If the public prosecutor considers that the offense is sufficiently established, he or she may decide to bring you before the criminal court. The court has jurisdiction over offenses. You may be released or sentenced by the court at the end of the trial.

In the event of conviction, the initial fine shall be increased by 10%.

FYI  

the court may decide in rare cases not to impose a fine or to impose a fine below the legal minimum.

Non-flat fine

The non-flat-rate fine may be imposed by the court which judges the author of a offense (police court, correctional court, court of assises, etc.). The court or tribunal shall have discretion and shall take into account the nature of the facts, the circumstances in which they were committed and the personality of the author. When deciding to impose the fine, the court may attach a suspension..

The situation is not the same in the case of single and multiple offenses.

Single offense

The court which judges the offender shall determine freely the amount of the fine, but shall not exceed the maximum amount prescribed for that offense.

Multiple Offenses

Where a person is tried in the same trial for one or more tickets and offense and/or crimesthe fines for the various infringements shall be added together.

For example, a person may be fined €5,250 in total for the following 2 offenses:

On the other hand, there is no cumulation of fines if a person is tried for several offenses that are only crimes or offenses. The maximum fine that may be imposed by the courts is the fine incurred for the most serious offense.

For example, a person could be fined no more than €25,000 for the following two offenses:

FYI  

being fined several times in a row for the same or similar offenses may put the offender in a position of recurrence.. But this is not the case if the 1mother Conviction is for a lump sum fine.

The methods of payment of the non-flat-rate fine shall be indicated in the court decision imposing the sentence. As a general rule, the fine must be paid at a public finance center whose details are mentioned in the decision.

If the fine is paid within one month of the final court decision, a 20% reduction shall be granted. This reduction may not exceed €1,500..

If the fine is not settled within a month, the convicted person is given a command to pay. The Treasury may grant longer periods.

In the event of non-compliance with payment deadlines, the Treasury may seize the goods.

If the fine is more than €2,000, a judicial restraint can be implemented. The Public Treasury seizes the prosecutor, who in turn seizes the enforcement judge (Jap). The Jap can then impose a firm prison sentence, the duration of which varies depending on the amount of the fine.

The Treasury may also request payment of the fine from the accomplices of the person concerned.

A fine imposed by a criminal court may be imposed call..