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This Order proceeds to Various amendments to the Code of Criminal Procedure which have common characteristics either to be made under constant law or to specify or coordinate provisions resulting from recent legislative or regulatory reforms. I: Provisions relating to the representatives and mediators of the public prosecutor, the judicial controllers and the personality investigators. Decree 2001-71 of the 29-01-2001 on the criminal composition and the representatives and ombudsmen of the Public Prosecutor specified in the Code of Criminal Procedure the conditions for the empowerment of delegates and prosecutors, be they persons Physical or association. The last one. Of Art. R. 15 -33-30 specifies, as far as authorised associations are concerned, that only natural persons who, within that association, have also been personally empowered, may carry out delegated or mediating missions. This double clearance requirement (which requires the intervention of the General Assembly of the High Court) is, however, very cumbersome in practice, and it is perceived by the associations as a measure of distrust against them. It therefore appears necessary to remove it (art. 1-I of the Order). However, to the extent that natural persons acting on behalf of the authorised associations are responsible for exercising, by delegation, missions in the field of the activities of the public prosecutor in criminal matters, and that they may In particular proposing measures of criminal composition, it is appropriate to provide for supervision of this magistrate. It is thus intended that the association shall communicate to the public prosecutor the list of natural persons who, within the association, must carry out the tasks assigned to it, together with the mention of the names, names, dates and place of birth, Nationality, occupation and domicile of each of them, and that they will have to inform the judge of any proposed change (art. -II of the decree). The latter may then make known to the association only in the light of the conditions of incapacity, of good repute and of the competence provided for in Art. R. 15 -33- 33, and in particular the requirement of no conviction appearing in Bulletin No. 2 of the criminal record, such person is not authorised to carry out the tasks entrusted to the association (Article 1-III of the decree). These same rules are laid down for the empowerment of judicial auditors and personality investigators, this coordination having been omitted by the 2001 Decree (Art. 2 and 3 of the Decree). II: Provisions relating to the flat-rate fine procedure. Art. 4 to 7 of the Decree derive the consequences of Law 99-515 (art. 9) of the 23-06-1999 strengthening the effectiveness of the criminal procedure, which amended or repealed ss. 529, 529-6 and 529-7 of the Code of Criminal Procedure relating to the procedure of the flat-rate fine. The aforementioned law provided that the list of tickets for the first four classes liable to be the subject of the standard fine procedure, which was previously fixed by law, and in particular by art. 529 and 529-6 would now be fixed by decree in the Council of State. This amendment was in response to a concern for flexibility and consistency, as requiring legislative change whenever it seemed appropriate to provide for a lump sum penalty for regulatory contraventions Was a very heavyweight. Art. 4 of the decree introduced accordingly in the Code of Criminal Procedure a new art. R. 48-1 listing the different contraventions for which the public action may be extinguished by the payment of a lump sum fine. This list only takes up the tickets for which, pursuant to legislative provisions, the standard fine procedure is already applicable. For the purpose of clarification, these contraventions are grouped into four categories: 1) Contraventions to the Highway Traffic Act, 2) Contraventions in Respect of Transportation and Traffic, 3) Contraventions in Environmental Protection, and (4) Contraventions in respect of the protection or control of domestic animals and wildlife, appric or held in captivity. Art. 5 inserts a new art. R. 49-8-5 indicating which traffic tickets may be subject to a reduced lump sum penalty. Again, this is the correct reversion of the provisions of the former s. 529-7 of the Code of Criminal Procedure. If they do not change the current law and are therefore subject to constant law, these new provisions allow for better readability of the rules of criminal procedure, and they can be supplemented at a later stage whenever they Will appear that the lump sum penalty procedure must be extended to other contraventions. III: Coordination provisions. Art. 8 et seq. Of the decree carries out various coordination changes in the Code of Criminal Procedure, resulting from the deletion, renumbering, codification, recodification or modification of certain provisions Legislative or regulatory action in recent years. These co-ordinations concern in particular the provisions on criminal composition (art. 8) or the costs of justice (art. 10). Art. 8 (IV) of the Order complements s. R. 15 -33-43 specifying the regime of the work measure for the community involved in a criminal composition, in order to clarify that the provisions of s. L. 412-8 (5 °) of the Social Security Code providing for the social security coverage of persons sentenced to work of general interest, since this sentence is indeed similar to the measure of work for the community. These co-ordinations also concern the provisions relating to the decisions of the compensation committee for victims of criminal offences, of which it is no longer indicated that they are made as a last resort, which was in contradiction with The provisions of s. 706-4 resulting from Law 92-665 of 16-07-1992, stating that the Commission is in the first instance, and thus in charge of appeal (Art. 9-II).

Keywords

JUSTICE, CODE OF CRIMINAL PROCEDURE, ATTORNEY OF THE REPUBLIC , DELEGUE, MEDIATOR, JUDICIAL CONTROL, INVESTIGATOR, NATURAL PERSON, ASSOCIATION, FINE, FINE FINE, CONTRAVENTION

Later Links

• Decree n ° 2003-293 of 31 March 2003 on road safety and amending the Code of Criminal Procedure and the Code

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JORF n ° 105 of 5 May 2002 page 8716
Text # 139



Decree n ° 2002-801 of 3 May 2002 amending the Code of Criminal Procedure (second Part: Decrees in the Council of State) and on the empowerment of the representatives and mediators of the public prosecutor, the judicial controllers and the personality investigators and the flat-rate fine

NOR: JUSD0230078D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/5/3/JUSD0230078D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/5/3/2002-801/jo/texte

Prime Minister,
On the report on the custody of seals, Minister of Justice,
In the light of the Code of Criminal Procedure, in particular Articles 529 and 529-7 In the drafting of article 9 of Act No. 99-515 of 23 June 1999 strengthening the effectiveness of the criminal procedure;
Given the penal code;
Given the code of the road;
Given the code of insurance, in particular Articles R. 211-14 and R. 211-21-5;
Given the rural code, including articles L. 215 -4, L. 215-5 and L. 215-12;
Given the forest code, including article L. 351-9;
Given the environmental code;
Given the social security code;
Given the code of the Procurement;
In view of the Law of 15 July 1845 on the Police of the Changed Railway, in particular Article 23 in its drafting of Laws No. 76-449 of 24 May 1976, No. 90-7 of 2 January 1990 and No. 99-291 of 15 April 1999;
Vu Order No. 2000-550 of 15 June 2000 on the legislative parts of books VII (Social provisions) and IX (Veterinary public health and protection of plants) and the updating of the legislative parts of the books I (Layout and Rural equipment), III (agricultural operation) and VI (Production and market) of the rural code;
Given the decree n ° 42-730 of 22 March 1942 on the police, the safety and the operation of the railways of general interest and of the modified local interest, Article 80 (1) added by Decree No 86-1056 of 18 September 1986;
Having regard to Decree No 76-352 of 15 April 1976 laying down detailed rules for the application to the equidae of Act No. 66-1005 of 28 December 1966 on livestock farming, as last amended By Decree No 2001-913 of 5 October 2001, in particular Article 10;
Having regard to Decree No 80-791 of 1 October 1980 adopted for the application of Article 276 of the Rural Code, as amended, in particular Article 15 thereof in its drafting of the decrees No. 95-1285 of 13 December 1995 and n ° 97-903 of 1 October 1997;
Having regard to Decree No 86-1130 of 17 October 1986 on the application of the provisions of Council Regulation (EEC) No 38-20/85 of 20 December 1985 on the harmonisation of certain Social provisions in the field of road transport and Council Regulation (EEC) No 38-21/85 of 20 December 1985 on the control apparatus in the field of road transport, as amended by Decree No. 95-602 of 5 May 1995, Article 3;
Having regard to Decree No. 87-223 of 26 March 1987 on the use of animals in public spectacles and games, in particular Article 6 thereof;
In view of Decree No. 87-848 of 19 October 1987 on experiments carried out On vertebrate animals, as amended by Decree No. 2001-464 of 29 May 2001, in particular Article 26;
Having regard to Decree No 90-200 of 5 March 1990 concerning the exercise of the profession of freight forwarder, as amended by Decree No. 99-295 of 15 April 1999, in particular Article 22-2;
In the light of Decree No. 91-823 of 28 August 1991 concerning the identification of dogs, cats and other domestic carnivores and the holding of premises where habitual rearing is carried out for the purpose of Sale, marketing, grooming, transit or custody of such animals taken for the purposes of Articles 276, 276-2 and 276-3 of the Rural Code, in particular Article 16 thereof;
Having regard to Decree No. 95-1285 of 13 December 1995 on protection Animals during transport, as amended by Decree No. 99-961 of 24 November 1999, in particular Articles 12 and 13;
Having regard to Decree No. 97-608 of 31 May 1997 on the initial and continuing vocational training of employed drivers of the Public road transport of goods, as amended by Decree No. 97-1199 of 24 December 1997, in particular Articles 12 and 13 thereof;
Having regard to Decree No. 97-903 of 1 October 1997 concerning the protection of animals at the time of slaughter or of their slaughter Death, in particular Article 21;
Having regard to Decree No. 98-1039 of 18 November 1998 on the initial and continuing vocational training of non-employed drivers of public road transport of goods, in particular Articles 11 and 12 thereof ;
In view of Decree No. 99-752 of 30 August 1999 concerning road transport of goods, as amended by Decree No. 2001-1327 of 28 December 2001, in particular Article 19;
Having regard to Decree No. 99-1164 of 29 December 1999 for the application of Chapter III of Title II of Book II of the Rural Code, in particular Article 8;
In light of Decree No. 2000-1302 of 26 December 2000 on measures to protect the environment from gaseous emissions from compression-ignition engines Intended to equip non-road mobile machinery, in particular Article 10;
In view of Decree No. 2001-71 of 29 January 2001 amending the Code of Criminal Procedure (second part: Orders in the Council of State) and relating to delegates and mediators of the Prosecutor of the Republic and criminal composition;
The Council of State (section of the interior) heard,
Demeet:

• Chapter I: Provisions relating to delegates and mediators of the prosecutor of the Republic, Judicial Controllers and Personality Investigators Article 1

  
  Section I of Chapter II of Title I of the Book The Code of Criminal Procedure (Second part: Orders in Council of State) is amended as follows:
  I.-The third paragraph of Article R. 15 -33-30 is
  . -Article R. 15 -33-32 is supplemented by a paragraph worded as follows:
  " 7 ° The list of natural persons who, within the association, must carry out the tasks assigned to him, together with the mention of the names, names, dates and place of birth, nationality, profession and domicile of each of them. "
  III. -The last paragraph of Article R. 15 -33-33 is added as follows: '
  ' Where an association envisages a modification of the list referred to in Article R. 15 -33-32 or to designate, in order to carry out the tasks entrusted to the association, a natural person who has not been personally empowered, it shall Notify the Public Prosecutor of the Republic. The latter shall indicate to it, where appropriate, persons who, not fulfilling the conditions mentioned in the preceding paragraphs, may not be authorised to carry out the tasks entrusted to the association. "

  Article 2

  
  Section I of Chapter I of Title III of the Book I of the Code of Criminal Procedure (second part: Council of State) is amended as follows:
  I.-Article R. 15-35 is supplemented by a paragraph worded as follows:
  " 7 ° The list of natural persons who, within the association, must carry out the tasks assigned to him, together with the mention of the names, names, dates and place of birth, nationality, profession and domicile of each of them. "
  II. -Article R. 15-39 is added to read as follows: '
  ' Where an association envisages a modification of the list referred to in Article R. 15-35 or to designate, in order to carry out the tasks entrusted to the association, a natural person who has not been personally authorised, it must notify The prosecutor of the Republic. The latter shall indicate to it, where appropriate, persons who, in accordance with the provisions of the preceding paragraph, cannot be authorised to carry out the tasks entrusted to the association. "

  Article 3

  
  In the second paragraph of Article R. 16 of this Code, references to R. 15-19 to R. 15-24 are replaced By references to R. 15-35 to R. 15 -40

• Chapter II: Lump Sum Procedure Provisions Article 4

  
  In Chapter IIa of Title III of the Second Book of the Code of Criminal Procedure (Part Two: Orders in Council of State), it shall be inserted, before Article R. 49 of this Code, a Article R. 48-1 worded as
  : Art. R. 48-1. -Contraventions of the first four classes for which the public action is extinguished by the payment of a lump sum penalty shall be
  follows: 1 ° Contraventions by the code de la route ppunished solely from a penalty of fine, to the exclusion of any additional penalty, whether or not they entail withdrawal of the points allocated to the driving licence subject to the provisions of Article R. 49-8-5 on the flat-rate fine reduced;
  " 2 ° Contraventions of transport and traffic repressed by:
  " (a) Articles R. 211-14 and R. 211-21-5 of the Insurance Code relating to compulsory insurance for motor vehicles and their trailers and semi-trailers;
  " (b) Article 80-1 of Decree No. 42-730 of 22 March 1942 on the police, the security and the operation of railway lines of general interest and of local interest, as set out in the provisions of the prefectural orders concerning The traffic, stopping and parking of vehicles in railway stations;
  " (c) Article 3 (1) of Decree No 86-1130 of 17 October 1986 on the application of the provisions of Council Regulation (EEC) No 38-20/85 of 20 December 1985 on the harmonisation of certain social provisions in the The field of road transport and Council Regulation (EEC) No 38-21/85 of 20 December 1985 on the control apparatus in the field of road transport;
  (d) Article 22-2 of the amended Decree No. 90-200 of 5 March 1990 on the exercise of the profession of transport agent;
  " (e) Article 12 and Article 13 (1) and (2) of Decree No. 97-608 of 31 May 1997 on the initial and continuing vocational training of employed drivers of public road transport of goods;
  " (f) Article 11 and Article 12 (1) and (2) of Decree No. 98-1039 of 18 November 1998 on the initial and continuing vocational training of non-employed drivers of public road transport of goods;
  " (g) Article 19-II of Decree No. 99-752 of 30 August 1999 on road transport of goods;
  " 3 ° Contraventions of environmental protection repressed by:
  " (a) Article R. 632-1 of the Penal Code relating to the deposit or abandonment of materials, refuse or refuse in woods, forests and woodlands;
  " (b) Articles R. 241-61, R. 241-62 (2 °), R. 241-63 (1 ° and 2 °) of the Rural Code relating to national parks, and Article R. 241-66 of that Code in so far as it relates to the facts referred to in those Articles;
  " (c) Article R. 322-5 of the Forest Fire Protection Code, first paragraph of Article R. 331-3 of the same Code relating to the introduction into woods, forests and woodlands of vehicles, livestock, animals or animals And Article R. 133-1-1 of the same code relating to management prescribed by Article L. 133-1 of the woods and forests of the domain of the State;
  " (d) Article 10 (second paragraph) of Decree No. 2000-1302 of 26 December 2000 on measures for the protection of the environment against pollutant emissions from compression-ignition engines intended to equip non-road mobile machinery ;
  " 4 ° Contraventions in respect of the protection or control of domestic animals and wild, protected or held captive animals by:
  " (a) Article R. 622-2 of the Penal Code relating to the divination of animals;
  " (b) Article 10 of Decree No. 76-352 of 15 April 1976 laying down detailed rules for the application of the law of 28 December 1966 on livestock;
  " (c) Article 15 of Decree No. 80-791 of 1 October 1980 for the application of article 276 of the Rural Code;
  " (d) Article 6 of Decree No. 87-223 of 26 March 1987 on the use of animals in public performances and games;
  " (e) Article 26 of Decree No. 87-848 of 19 October 1987 on experiments on vertebrate animals;
  " (f) Article 16 of Decree No. 91-823 of 28 August 1991 on the identification of dogs, cats and other domestic carnivores and the holding of premises where habitual breeding is carried out for sale, marketing, Grooming, transit or custody of such animals for the purposes of Articles 276, 276-2 and 276-3 of the Rural Code;
  " (g) Articles 12 and 13 of Decree No. 95-1285 of 13 December 1995 on the protection of animals during transport;
  " (h) Article 21 (b and c) of Decree No. 97-903 of 1 October 1997 on the protection of animals at the time of slaughter or killing;
  " (i) Article 8 of Decree No. 99-1164 of 29 December 1999, adopted for the application of Chapter III of Title II of Book II of the Rural Code, and relating to the application of Articles L. 211-14 and L. 211-16 of the Rural Code providing for declaration in the town hall, the Vaccination, sterilisation, insurance and the conditions of circulation of certain dogs. "

  Article 5

  
  In Chapter IIc of Title III of Book II of the Code of Criminal Procedure (second part: Orders in Council Of the State), it shall be inserted before Article R. 49-9, an article R. 49-8-5 thus written:
  " Art. R. 49-8-5. -The provisions of Article 529-7 of this Code relating to the reduced flat-rate fine shall apply to contraventions of the second, third and fourth classes referred to in Article R. 48-1 with the exception of R. 417-1 to R. 417-13 and R. 421-7 of the highway code relating to dangerous, embarrassing or abusive stopping and parking. "

  Article 6

  
  In the first paragraph of Article R. 49-10, the reference to Article 529-6 is replaced by the reference to Article R. 49-8-5.

  Item 7

  
  In R. 49-13, the reference to section 529-6 is replaced by the reference to section R. 48-1.

• Chapter III: Miscellaneous Provisions Article 8

  
  Book I of the Code of Criminal Procedure (Part Two: Orders in Council of State) is amended as follows:
  I.-In Article R. 1, the words: Subject to the provisions of Article 30, " Are deleted.
  II. -In Article R. 15 -19, the words: The Technical Services Directorate " Are replaced by the words: " The Logistics Branch ".
  III. -Article R. 15 -33-43, the words: In Article L. 1 of the road code " Are replaced by the words: " Articles L. 234-1 and L. 234-8 of the road code ".
  IV. -In the first paragraph of Article R. 15 -33-55, the words: (1 ° to 6 °) " Are deleted and is added after the words: " Penal Code ", words:" And L. 412-8 (5 °) of the Social Security Code ".
  V.-In R. 15 -33-57, are inserted after the words:" The maximum time limits provided for at 1 ° and 4 ° " The words: " And in the sixth paragraph ".
  VI. -In R. 15 -34, R. 16, R. 16-1, R. 17-1, R. 17-2, R. 17-3, R. 17-4, R. 17-5, R. 18, R. 18-1 and R. 25, the words: " The accused " Are replaced by the words: " The person being examined ".

  Article 9

  
  Book IV of the Code of Criminal Procedure (second part: Orders in Council of State) is As amended as follows:
  I.-In R. 50, the reference to R. 41-1 is replaced by the reference to R. 41-2.
  II. The second sentence of Article R. 50-23 reads as follows: They may be subject to appeal regardless of the amount of the claim. "

  Article 10

  
  Book V of the Code of Criminal Procedure (Part Two: Orders in Council of State) is amended as follows: :
  I.-In R. 98, the words: The decree of 6 April 1942 " Are replaced by the words: " Public Procurement Code ".
  II. -In Article R. 116-1, the words: Articles L. 262 and L. 267 of the Social Security Code ' Are replaced by the words: " Article L. 162-15 -2 of the Social Security Code
  . Article R. 121 is thus amended:
  (a) In 1 °, the reference to Article 41 (paragraph 5) is replaced by the reference to Article 41 (paragraph 6);
  (b) At 2 °, the words: " Indictees " Are replaced by the words: " Persons being examined ".
  IV. -In the first paragraph of Article R. 121-1, the word " Charged " Is replaced by the words: " Person under review ".
  V.-In the title of Section IV of Chapter II of Title X, the words: Article 43-3-3 ° bis of the Penal Code " Are replaced by the words: " Articles 131-6 (5 °) and 131-14 (2 °) of the Penal Code
  . -In Article R. 155, the reference to Article L. 27-1, paragraph 2, of the road code is replaced by the reference to Article 529-2 (2) of the Code of Criminal
  . -In the second paragraph of Article R. 199, the words: Except for the civil parties referred to in Article R. 247 " Are deleted.
  VIII. -In Article R. 224-1, the words: And R. 121-1 " Are replaced by the words: " R. 121-2 ".

  Section 11

  
  The Minister of Justice, the Minister of Justice, is responsible for the execution of this Order, which will be Published in the Official Journal of the French Republic

Done at Paris, May 3, 2002.

Lionel Jospin

By the Prime Minister :

Seals Guard, Minister of Justice,

Marylise Lebranchu

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