Decree No. 2004 - 1021 Of September 27, 2004, Amending The Penal Code And The Code Of Criminal Procedure (Second Part: Decrees Of The Council Of State) And Relative To The Stage Of Citizenship, To The Criminal Composition, The Security...

Original Language Title: Décret n° 2004-1021 du 27 septembre 2004 portant modification du code pénal et du code de procédure pénale (deuxièmes parties : Décrets en Conseil d'Etat) et relatif notamment au stage de citoyenneté, à la composition pénale, aux sûretés ...

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Summary Criminal Code: art. R. 131-5 and R. 131 - 6 become SS. R. 131-45 and R 131 - 46. in section 1, insert after art. R. 131-34 of a sub-section 3 (y drafted) (art.) R. R. 131 131-35 - 44); repeal of art. R. 625-8 and amendment of art. R. 131-13; in chapter V of title IV of Book VI of the 2nd part (decrees of the Council of State), insert after art. R. 645-8 section V a (y drafted) (art.) R. 645-8-1). Code of criminal procedure: amendment of art. R. 15-33-33, R. 15-33-35 à R. 15- 33-37, R. 15-33-40 à R. 15-33-43, R. 15-33-45, R. 15-33-47, R. 15-33-48, R. 15-33-50, R. 15-33-53, R. 15-33-55 à R. 15-33-57, R. 15-33-59 et R. 15-33-60 (art. insérés par l'art. 1 du décret 2001-71), R. 249-2 (art. 1 du décret 2001-1321), R. 53-40 et R. 53-41 (art. 27 du décret 2003-542), R. 179 (décret 59-318) , R. 57-10 (art. 2 of Decree 2002-479), R. 59 (art. 1 of the Decree 99-818), R. 121 - 2 (art. 6 of the Decree 2001-71) and R. 129 (art. 1 of the Decree 91-448). repeal of art. R. 41-1a (art. 1 of the Decree 2002-195) and R. 41 - 1 (art. 2 of Decree 2002-195); insertion of the art. R. 15-33-55-1 to R. 15-33-55-5 (y written); the art. A: 24 and R. 25 (art. 1 of the Decree 70-1223) become the art. R. 23-1 and R. 23 - 2, insertion of the art. R. 23-3 and 23 - 4 (y written); added after the art. R. 23-4 a 4 paragraph (y drafted (art.) R. 24 to R. 24 - 13); insertion of the art. R. 53-42 and a. 122 - 1 (is written). The provisions of art. 10, 15 and 16 of this Decree will come into force on 01-01-2005. Application of art. 44 of the Act 2004-204.
Keywords JUSTICE, TRIBULAL, CRIMINAL PROCEDURE, CODE PENAL, CODE OF PROCEDURE CRIMINAL, JURISDICTION OF PROXIMITY, CITIZENSHIP TRAINING, LEGAL AID, INSTRUCTION, HEARING, PROSECUTOR OF THE REPUBLIC, DELEGATE, MEDIATOR, COMPOSITION CRIMINAL, JUDICIAL CONTROL, EXTENSION, overseas JORF n ° 227 of 29 September 2004 page 16718 text no. 15 Decree No. 2004-1021 of September 27, 2004 amending the penal code and the code of criminal procedure (second parts (: Decrees of the Council of State) and relative to the stage of citizenship, to the criminal composition, security imposed in a judicial review and for the Court to close NOR: JUSD0430171D ELI: http://www.legifrance.gouv.fr/eli/decret/2004/9/27/JUSD0430171D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2004/9/27/2004-1021/jo/texte Prime Minister, on the report of the Minister of Justice Minister of justice, seen the civil code, including securities, XIV, XVII, and XVIII of Book III.
Seen the penal code, including its articles 131-5-1, 131-6 and 132-45;
Given the code of criminal procedure, particularly its articles 41-1, 41-2, 138 (15 °), 142, 142-2, 142-3 and 495-3;
Given the general code of taxes, particularly article 1018 A;
Given the law modified organic No. 99-209 of 19 March 1999 relating to New Caledonia;
Given the law organic No. 2004-192 of February 27, 2004, on the status of autonomy of French Polynesia;
Given law No. 61-814 of 29 July 1961 changed giving the Islands Wallis and Futuna status of territory overseas;
Seen the amended Act No. 2001-616 of 11 July 2001 on Mayotte, notably 3-I article (4 ° and 5 °);
See amended order No. 45-174 of 2 February 1945 relating to delinquent children, including its article 20-4-1;
The Council of State (Interior Division) heard, decreed: TITLE I: PROVISIONS RELATED to THE STAGE OF CITIZENSHIP Article 1 Chapter I of title III of book I of the second part (decrees of the Council of State) of the penal code has been changed: i. - in section 2, article R 131 - 35 and R. 131 - 36 becomes article R 131 - 45 and R. 131-46.
II. - In section 1, it is inserted after article R 131 - 34 a sub-section 3 read: "subsection 3" the penalty stage of citizenship "paragraph 1" object and the internship 'art ' "" '. R. 131-35. -The placement of citizenship under article 131-5-1 and made applicable to minors of 13 to 18 years by article 20-4-1 of order No. 45-174 of 2 February 1945 relating to delinquent children is intended to remind the condemned Republican values of tolerance and respect for the dignity of the human person and to raise awareness to liability criminal and civil as well as homework that involves life in society. It also aims to facilitate their social integration.
"When it relates to a person convicted of an offence committed with the aggravating circumstance provided for by article 132-76, he also pointed out to the person concerned the existence of crimes against humanity, including those committed during the second world war.
'Art. R. 131-36. -The duration of the course of citizenship is fixed by the court taking into account, for the major condemned family, social or professional obligations, for the minor convict school obligations and family situation. It may not exceed one month.
"The daily duration of effective training may not exceed six hours. For the minor, it must be adapted according to age and personality.
«Paragraph 2 "Organization of the course «Art»»» R. 131-37. -The citizenship training course is organized in sessions collective, continuous or discontinuous, composed of one or more training modules adapted to the personality of the convicted and the nature of the offence committed. For minors, the modules are also adapted to their age.
"These sessions are held either in the jurisdiction of the Court of first instance, within the jurisdiction of the Court of appeal.
"Internships are implemented under the control of the delegate of the Attorney of the Republic of the place of performance of the sentence. They can also be implemented under the control of the prison service of insertion or probation.
"The content of the course of citizenship is being a draft prepared by the person or service responsible for the control of its implementation. This project is validated by the Prosecutor of the Republic on the advice of the president of the Court of first instance.
'Art. R. 131-38. -Modules of the course of citizenship can be developed with the contest of local authorities and public institutions and, if any, of legal persons of private law or individuals participating in missions of general interest, including access to the law.
"When a training module is being developed with one of public or private individuals referred to in the preceding paragraph, it is being a convention between the Prosecutor of the Republic, acting on behalf of the State, and this person. This convention specifies the content of this module, the duration, the specific objectives assigned, the terms of the service provided by the private or public person as well as the modalities for financing the costs incurred.
«Paragraph 3 ' sequence and the end of the course «Art»»» R. 131-39. -Prior to the implementation of the internship, the person or service who is responsible receives the convict and him sets the objectives. He him specify the consequences of the failure to comply with its obligations as a result of the internship, as they stem from article 434-41 or such as they were, if any, fixed by the Court in accordance with article 131-9.
'Art. R. 131-40. -A certificate of end of course is delivered to the convicted person, the address to the person or service responsible to monitor the implementation.
«Paragraph 4 "specific provisions applicable to minors «Art»»» R. 131-41. -When the course of citizenship concerns minors, it is developed and implemented under the control of a service in the public sector for judicial protection of youth. The internship is sent by the head of this service to the departmental Director of the judicial protection of youth. To allow the implementation, the Director collects the opinion of the children's judge and approval of the public prosecutor of the place where the internship will usually happen.
'Art. R. 131-42. -The convention provided for in article R 131 - 38 is passed between the persons referred to in the first paragraph of this article and the service of the public sector of the judicial protection of youth.
"The departmental Director for the judicial protection of youth informs the juvenile judge and the Prosecutor of the Republic of the identity services through the implementation of the courses of citizenship for minors in the Department and the content of these courses.
'Art. R. 131-43. -The formalities provided for in article R 131 - 39 are completed in the presence of the parents, the guardian, the Manager of the establishment or the person to whom the minor is entrusted, or these duly summoned.
"The internship takes place under the control and permanent presence of an educational service staff responsible for its implementation. In case of difficulty of execution of the internship, particularly due to the behaviour of the minor, the service representative can suspend execution. He then informs without delay the children's judge and the Prosecutor of the Republic and their address a report.
'Art. R. 131-44. -At the end of the internship, the service in charge of the measure receives the minor and parents, the guardian, the head of the institution or the person to whom the minor is entrusted in order to take stock of the progress of the internship and to verify that its objectives have been achieved.

"Within a period of one month after the end of the internship, a summary report is transmitted by the service to the children's judge and the Prosecutor of the Republic."

TITLE II: PROVISIONS RELATING TO THE MEDIATORS AND REPRESENTATIVES OF THE public PROSECUTOR OF THE REPUBLIC AND to THE CRIMINAL Section 1 COMPOSITION: delegates and mediators of the Attorney of the Republic Article 2 article R. 15-33-33 of the code of criminal procedure has been changed: (1) the (1) reads: "(1) not to exercise judicial functions or participate in the operation of the service of justice or be invested to elective office within the jurisdiction of the Court of appeal;
(2) it is added after the 3rd one 4 ° and 5 ° thus written: "(4) not be older than 75 years;
«(5) except dispensation by the keeper of the seals, Minister of justice, not be spouse, partner, parent or allied to the degree an uncle or nephew and including a magistrate or an officer of the Court or with one of them by a civil solidarity pact.»


Article 3 articles R. 15-33-35-R. 15-33-37 of the code of criminal procedure shall be replaced by the following: 'art. A. 15-33-35. -After having to proceed with all the diligence he deems useful, the Prosecutor of the Republic or, if the person concerned must exercise its functions within the jurisdiction of the Court of appeal, the Attorney general decides to empowerment of the person for a probationary period of one year.
"At the end of this period, the public prosecutor or the Attorney general decides to empowerment of the person for a period of five years, after notice of the general meeting of judges from Headquarters and the Prosecutor's office of the Court or the Court of appeal, or the commission restricted General Assembly of judges of Headquarters and prosecutors in jurisdictions where its constitution is mandatory.
"Empowerment is renewable for the same term by the same procedure.
"The decisions provided for in this section specify if the person is qualified as a mediator or as a delegate of the Attorney of the Republic and if it is authorized to be entrusted with missions on minors.
'Art. A. 15-33-35-1. -The list of persons authorized by the Prosecutor of the Republic is directed to the Attorney general.
'Art. A. 15-33-36. -As soon as he is authorised pursuant to the provisions of the first paragraph of article R. 15-33-35, the Ombudsman or representative of the public prosecutor ready before the Court of first instance or the Court of appeal the following oath: 'I swear to perform my duties with discipline, loyalty, impartiality and dignity and respect professional secrecy.' "" This oath is also taken by individuals representing the persons entitled, referred to in article R 7. 15-33-32.
'Art. A. 15-33-36-1. -The mediator and the delegate of the Attorney of the Republic address once a year a report to the Prosecutor of the Republic or, if they exercise their functions within the jurisdiction of the Court of appeal, the Attorney general.
'Art. A. 15-33-37. -Empowerment may be withdrawn if the person ceases to meet one of the conditions laid down in article R. 15-33-33 or if it does not satisfactorily the missions assigned to him. This withdrawal is pronounced, after that person has been able to present his oral submissions, according to the procedure provided for in article R. 15-33-35 for the clearance decision.
"In an emergency, the public prosecutor or the Attorney general may temporarily remove empowerment while waiting to proceed with consultations provided for in the second paragraph of article R. 15 - 33 - 35"


Article 4 in chapter V of title IV of Book VI of the second part (decrees of the Council of State) of the penal code, it is inserted after article R. 645 - 8 a well written section: "Section V bis ' of usurpation of function or title of delegate or mediator of the Prosecutor of the Republic «Article»»» R. 645-8-1. -The fact of the acts reserved to the delegates or mediators of the Prosecutor of the Republic or to use the title attached to these functions, without there having been empowered or after being the subject of a withdrawal of authorization, is punished by the fine imposed for contraventions of the fifth class.
"Legal persons may be declared responsible criminally, in accordance with article 121-2, tickets set out in this article."

Section 2: Of the criminal composition Article 5 I. - article R. 15-33-40 of the code of criminal procedure has been changed: (1) in paragraph 1, the words: "ninth" are replaced by the words: "eighteenth";
(2) in the third paragraph, the words: "(1) to (4)" are replaced by the words: "1 ° to 13 °;
(3) the third paragraph is supplemented by the words: "when one of the measures provided for by the 7 ° and 13 ° is offered, it is specified if the internship gives rise to commitment of fees charged to the author of the facts as well as their maximum";
(4) in the fourth preambular paragraph, the word: "sixth" is replaced by the word: "fifteenth".
II. - in the first paragraph of article R. 15-33-41 of the code, the words: "by 3" are replaced by the words: "by the 4 ° and 5 °.
III. - In article R. 15-33-42 of the code, the word: '(4)' is replaced by: "(6).
IV. - To article R. 15-33-43 of the code, the words: "provided for in articles L. 234 - 1 and L. 234 - 8 of the code of the road" are replaced by the words: "provided for in articles 222-19-1 or 20-222-1 of the penal code or in articles L. 234 - 1 or L. 234 - 8 of the code of the road or of any other offence giving rise to the withdrawal of the driving licence points.
V. - A section R. 15-33-44 of the code, the word: "seventh" is replaced by the word: "sixteenth".
VI. - Article R. 15-33-45 of the code has been changed: (1) in paragraph 1, the word: "sixth" is replaced by the word: "fifteenth".
(2) paragraph 2 is repealed;
(3) in the third paragraph, the word: 'also' is deleted.
VII. - Has the article R. 15-33-47 of the code, the words: ", office or at the request of interested parties," are deleted.
VIII. - Has the article R. 15-33-48 of the code, the words: "as provided in the 3rd" are replaced by the words: "one of the measures provided for in the 4 °, 5 °, 9 °, 10 ° and 11 °.
IX. - in the second paragraph of article R. 15-33-50 of the code, the words: 'decide' shall be replaced by the words: "decide, except new element".
X. - Article R. 15-33-53 of the code has been changed: (1) in the third paragraph, the words: "L. 18 or 18 - 1" are replaced by the words: "L. 224 - 1 and following" and the word: "(3)" is replaced by the word: "(4)";
(2) the last paragraph is completed with the following sentence: "He is still in the case that the person has failed one of the measures prohibiting planned the 9 °, 10 ° and 11 ° of article 41-2."
XI. - Article R. 15-33-55 of the code has been changed: (1) in paragraph 1, the word: '(4)' shall be replaced by the word: "(6)";
(2) the second subparagraph is replaced by the following: "insertion and probation prison service has, at the request of the Prosecutor of the Republic, the powers under the articles referred to in the preceding paragraph to the probation officer."
XII. - Has the article R. 15-33-56 of the same code, the word: "sixth" is replaced by the word: "fifteenth".
XIII. - Has the article R. 15-33-57 of the same code, the words: "the 1 °-4 ° and the sixth paragraph of article 41-2" are replaced by the words: "in articles 41-2 and 41-3.
XIV. - Has the article R. 15-33-59 of the same code, the words: "by article l. 1 of the code of the road" are replaced by the words: "by articles 222-19-1 or 222-20-1 of the penal code or articles L. 234 - 1 or L. 234 - 8 of the code of the road or any other offence or contravention giving rise to withdrawal of the driving licence points.
XV. - Has the article R. 15-33-60 of the code, the word: 'eleventh' is replaced by: "twentieth".


Article 6 it is inserted after article R. 15-33-52 of the code of criminal procedure article R. 15-33-52-1 reads: 'art. A. 15-33-52-1. -When the criminal composition includes the delivery of the vehicle for the purpose of capital provided by the 3 ° of article 41-2, this discount is executed in accordance with the provisions of article R 131 - 5 at R. 131 - 11 of the criminal code. References to the decision of conviction made by these articles are replaced by references to the order of validation of the criminal composition. ' Article 7 after article R. 15-33 - 55 of the code of criminal procedure, are inserted as well written articles R. 15-33-55-1 to R. 15-33-55-5: 'art. A. 15-33-55-1. -When the criminal composition includes monitoring for an internship or training provided by the 7 ° of article 41-2, the proposal for the Prosecutor of the Republic State if the internship or training gives rise to commitment of fees charged to the author of the facts. If this is the case, the amount of these fees may not exceed that of the amount of the fine imposed for contraventions of the third class.

"When she is in a road safety awareness course, as provided in the preceding paragraph may be enforced in accordance with the provisions of the first two paragraphs of article R 131-11-1 of the penal code.
"In all cases, the perpetrator address to the Prosecutor of the Republic or his delegate a certification course or training, that after he or she has done.
'Art. A. 15-33-55-2. -When the criminal composition has the measure of prohibition to issue cheques or use a credit card provided by the 8 ° of article 41-2, the author facts back to the registry of the tribunal or the person designated by the Prosecutor of the Republic, against a receipt, cheque books and credit cards in his possession for the duration of the measure.
'Art. A. 15-33-55-3. -When the criminal composition has the measure of prohibition to meet, to receive the victim or to get in touch with her scheduled to 10 ° of article 41-2, this measure is brought to the knowledge of the victim.
'Art. A. 15-33-55-4. -When the criminal composition has the measure of prohibition on leaving the national territory provided by the 12 ° of article 41-2, the author facts back to the registry of the tribunal or the person designated by the Prosecutor of the Republic, against a receipt, his passport for the duration of the measure.
'Art. A. 15-33-55-5. -When the criminal composition includes the completion of an internship of citizenship provided for in 13 of section 42-1, the provisions of article R 131 - 35 to R. 131 - 40 of the penal code are applicable. ' TITLE III: PROVISIONS RELATING to BONDS AND THE COLLATERAL PRONOUNCED IN THE FRAMEWORK of a CONTROL JUDICIARY Article 8 I - R. 24 and 25 of the code of criminal procedure respectively become articles R. 23 - 1 and R. 23 - 2.
II. - It is inserted, after article R. 23 - 2, articles R. 23 - 3 and R. 23 - 4 thus written: 'art. R. 23-3. -In the case of final conviction of the accused person to the payment of damages, the Prosecutor of the Republic informs the prosecution of the existence of the bond and tells him the formalities to be completed for the payment by the Fund of the deposit and consignment office of the amounts that are due, increased, where appropriate, with interest due.
'Art. R. 23-4. -In the cases provided for in the first paragraph of article 142-2 and the first paragraph of article 142-3, returned money to the defendant are increased, if any, accrued interest. «III. - it is added after article R. 23 - 4 a paragraph 4 reads: "paragraph 4" the Constitution of security «Art.»»» A. 24. -In application of the 15 ° of section 138, the investigating judge may order the person under examination to establish, within a period to be fixed, one or more collateral or real destinies to guarantee the respective rights of the victims identified or identifiable and the Treasury.
"The judge sets the duration for which the safety must be incorporated and the amount so guaranteed. In the presence of several victims identified or identifiable, it can each specify the amount of the amount guaranteed by security.
"When it comes of a security, the judge shall designate, in addition, goods constituting the base of safety, the nature of this last and it States, if any, his rank.
'Art. A. 24-1. -If the investigating judge has decided that the security will ensure all the rights of one or more plaintiffs, they are made for the benefit of these.
"If the investigating judge has decided that the security will ensure full representation of the person and the payment of fines, they are made for the benefit of the public purse.
"If the investigating judge has decided that the security will ensure the rights and objectives mentioned in the two preceding paragraphs, they are made for the benefit of civil parties and the public Treasury.
'Art. A. 24-2. -When the collateral guarantee, in whole or in part, the rights of one or more victims who are not yet identified or who are not yet formed part civil, they are established for a temporary beneficiary acting on behalf of these victims and, where appropriate, of the public Treasury.
"The temporary recipient is chosen from among persons engaged in an activity regulated by the public authority and subject to a compulsory professional insurance. It is proposed by the person under investigation and accepted by the investigating judge.
"The temporary beneficiary undertakes to transfer the collateral to the victims and, if necessary, to the public Treasury, in case of conviction for their benefit of the charged person.
'Art. A. 24-3. -Within the time limit set by the examining magistrate, the person is and, where applicable, publishes safety requested, in accordance with the laws and regulations applicable to this security.
"However, this person may ask the investigating judge to have extra time to build or publish safety justifying the formalities already accomplished to this end. '" Art. A. 24-4. -The constitutive documents of safety established for a temporary beneficiary as well as, where appropriate, acts ensuring its advertising specify that the temporary beneficiary is, either to ensure the rights of the public Treasury and those of the victim, or to ensure the rights of the victim, according to the decision taken by the investigating judge , which references are referred to in these acts.
'Art. A. 24-5. -The documents attesting to the constitution and, if so, advertising of safety are addressed in triplicate, original or copy, by the person to the clerk of the investigating judge and are placed on the record of the proceedings.
'Art. A. 24-6. -When a security is accepted, the order of placement under judicial review says that the person charged as well as, depending on the case, the temporary beneficiary, the Treasury or the or the civil parties that are parties to the creation of the security are required to inform the investigating judge of the disposition of the encumbered asset or the payment of compensation as a result of its destruction. If the investigation is terminated, the information is communicated to the Prosecutor of the Republic.
"The order indicates, moreover, that the sums of money collected on these occasions will be a bond as provided in article R. 24 - 7.
'Art. A. 24-7. -When an event referred to in article R. 24 - 6, the investigating judge or the public prosecutor directs the payment of monies, as security, the Commissioner of revenue under the conditions defined in articles R. 19 and R. 21.
'Based on the original decision that led to the creation of the security, noted that these funds guarantee either exclusively identified victims rights, is, in proportion to the amounts recovered, the interests to be taken into account by the 1 ° and 2 ° of article 142.' Payments are made by the Commissioner to the pension fund deposits and consignments in the conditions laid down in articles R. 23 - 2 and R. 23 - 3.
"At the end of the procedure, shall apply the provisions of articles R. 23 - 2 and R. 23 - 3. If the conditions provided for in article 142-1 are met, the investigating judge or the public prosecutor may order the payment to the victim of all or part of the amounts received.
'Art. A. 24-8. -When a security ensures the representation of the person, it can be made of the provisions of the second paragraph of article 142-2 if it is found, either in the judgment of conviction, either in a decision rendered by the Court referred to in article 710, that the conditions provided for in this paragraph are met. The court orders be made by the Treasury to the recovery of the debt secured by the first part of security.
"The Prosecutor of the Republic address a copy of the documents attesting to the creation of the security services of the Treasury responsible for the implementation of this decision.
"When the security was created for a temporary beneficiary, the public Treasury, beneficiary final of safety established for her, informed of this and, as appropriate, the guarantor or the object of the security holder.
"The amending publicity formalities are completed at the behest of the Treasury.
'Art. A. 24-9. -In the case of final conviction of the accused person to the payment of damages, the Prosecutor of the Republic address to each of the civil parties a copy of the documents attesting to the constitution and, if so, the advertising of securities.
«When securities are established for a temporary beneficiary, the civil parties, final beneficiaries of collateral established for their benefit, inform it and, if necessary, bail or the object of the security holder.»
"The amending advertising formalities are completed at the behest of the civil parties.

'Art. A. 24-10. -In the case of final conviction of the accused to a fine person, the Prosecutor of the Republic address a copy of the documents attesting to the creation of the security to the Treasury.
"When the security was created for a temporary beneficiary, the public Treasury, beneficiary final of safety established for her, informed of this and, as appropriate, the guarantor or the object of the security holder.
"The amending publicity formalities are completed at the behest of the Treasury.
"In case of final conviction of the accused person to the payment of damages or, where applicable, the alimony and fined, the Treasury informed the civil parties or the temporary beneficiary on whose behalf security was established, as well as the deposit or the object of the security holder , of the priority granted to the or to civil parties. The necessary corrective advertising formalities completed at the behest of the Treasury reported this priority.
'Art. A. 24-11. -In the cases and according to the distinctions provided for by the first paragraph of article 142-2 and the third paragraph of article 142-3, the cancellation of the security interest is obtained by the accused person upon presentation of one of the following decisions having acquired definitive attested by a copy, issued by the registry of the Court that rendered the decision clothed in the enforceable formula: "(a) Decision of dismissal, release or acquittal;
"(b) sentence therefore it fails fine close nor does order the payment of damages to the civil party;
"(c) Judicial Decision noting that there no was made pursuant to the provisions of article R. 24 - 8"
"When personal security had been set up, the release of the bond results from one of the above final decisions.
'Art. A. 24-12. -The remuneration of the interim beneficiary is the responsibility of the charged person, for an amount fixed by the parties to the security agreement.
'Art. A. 24-13. -The provisions of articles R. 24 to R. 24 - 12 are applicable to security rights by a legal person in accordance with the provisions of the 2 ° of article 706-45. ' Article 9 i.-article R. 249 - 2 of the code of criminal procedure is completed by two well written paragraphs: "If the accused person has provided a security during a judicial control, in accordance with the provisions of article 138 ° 15, this allowance has also incorporation fees, advertising and radiation which the rate is set by the regulatory texts governing this security.
«When safety has been established at a temporary beneficiary pursuant to the provisions of articles 142 and R. 24 - 2, compensation includes also reimbursement of the amounts paid to that person, for a amount that cannot exceed 150 euros or, if it was made application of the provisions of article R. 24 - 6, 300 euros.»
II. - The last paragraph of article R. 249 - 3 of the code is supplemented by the following sentence: "When the claim also covers fees provided for in the last paragraph of article R. 249 - 2, is also among the supporting documents proof of the temporary beneficiary indicating either the amount of his remuneration, either that it was greater than the amounts provided for in the last paragraph of this article."

TITLE IV: OF THE JURISDICTION OF NEARBY Article 10 article R. 53 - 40 of the code of criminal procedure is thus amended: (1) after the first paragraph of the b, inserted a paragraph reads: "-article R. 610 - 5 relating to the violation of prohibitions or the breach of the obligations laid down by the decrees and orders police;"
(2) after the 8 °, it is added a 9 ° reads: "(9) violations listed in article R. 48 - 1 of this code, relative to the list of contraventions for which public action is extinguished by payment of a fixed fine."


Article 11 article r 53 - 41 of the code of criminal procedure reads: 'art. R. 53-41. -In application of the provisions of the second paragraph of article 706-72, proximity jurisdiction may, by delegation of the president of the Court of first instance, validate criminal compositions offered, on the basis of articles 41-2 and 41-3, offences or contraventions entering Court in the jurisdiction of the Prosecutor of the Republic. ' Article 12 the code of criminal procedure is thus changed: i. - after article R. 53 - 41, it is inserted an R. 53 - 42 as well written article: 'art. R. 53-42. -Fixed law of procedure established by article 1018 A of the code of tax, applicable court sitting as an administrative matter, proximity is that provided by the 2 ° of this article for the decisions of the police court. "II. - the 3 ° of article R. 179 is supplemented by the words:"or the jurisdiction of proximity. "
III. - the 1 ° of article R. 249 - 2, it is added after the words: "police court" the words: "or the jurisdiction of proximity,".
IV. - to b of article R. 249 - 6, it is added after the words: "police court" the words: "or the jurisdiction of proximity."

TITLE V: PROVISIONS MISCELLANEOUS Article 13 article R. 625 - 8 of the penal code is repealed.
Section IV entitled: "of soliciting" chapter V of title II of Book VI of the second part (decrees of the Council of State) of this code is deleted.


Article 14 articles R. 41 - 1 - A and R 41 - 1 of the code of criminal procedure are repealed.
The provisions according to article 41 of this code are thus written: "chapters III to VIII:"Nil".»


Article 15 article R. 57 - 10 of the code of criminal procedure is replaced by the following: 'art. R. 57-10. -Be placed under electronic surveillance of persons under judicial review ordered by the investigating judge or the judge of freedoms and detention, and that of persons sentenced to deprivation of liberty ordered by the Court judgment or by the judge of the application of penalties pursuant to the provisions of articles 138 and 723-7 of this code and of article 132-26-1 of the penal code is carried out in accordance with the provisions of this title. "Article 16 a. 59 of the code of criminal procedure and article: (1) in paragraph 1, the word:"summons"shall be replaced by the words:"can summon. "
(2) it is supplemented by a well written paragraph: "the formalities provided for in this article may also be performed, on the instruction of the sentencing judge, by the prison service insertion or probation."


Article 17 article a. 121 - 2 of the code of criminal procedure has been changed: i. - 1, after the words: "under article 41-1", it is added the words: 'or to notify a penal order in application of the provisions of article 495-3 '.
II. - 2, after the words: "under article 41-1", it is added the words: "and to verify compliance by the person of its commitments, as well as for control of the implementation of the penalty stage of citizenship."
III. - 4 b is modified: (1) words: "measures to 1 °, 2 ° or 3 °", "as provided in the 4 °" and "sixth paragraph" are replaced by the words: "of one of the measures provided for in 1 ° to 5 ° and 8 ° to 12 °", "one of the measures provided for in the 6 °, 7 ° and 13 °" and "fifteenth paragraph."
(2) it is supplemented by the sentence: "the cumulative amount of the sums thus allocated may not however exceed that due to four of these measures."
IV. - At the end of the article, it is added a well written paragraph: "compensation under the 1 ° for reminders of the obligations resulting from the law may not be combined with those in the 2 °, 3 ° or 4 °."


Article 18 after article R. 122 of the code of criminal procedure, it is inserted an R. 122 - 1 well written article: 'art. R. 122-1. -The sum specified in the first paragraph of article R. 122 is increased by 50% when it comes to the translation of a European arrest warrant to be made within less than 48 hours, regardless of the language used. "Article 19A article R 131 - 13 of the penal code, the words:"departmental crime prevention Council"are replaced by the words:"County Council of prevention. "


Article 20 i. - A. 129 of the code of criminal procedure and article: (1) in the second paragraph, the word: '10' is replaced by the word "1.5."
(2) in the third paragraph, the word: "francs" shall be replaced by the word: "euros".
II. - A. 140 of the code thus article: (1) in paragraph 1, the word: "40" is replaced by the word: "6."
(2) in the second paragraph, the word: "francs" shall be replaced by the word: "euros".

PROVISIONS TITLE VI: TRANSITIONAL AND FINAL Article 21. - the provisions of article 10 will take effect January 1, 2005.
The police court remains competent to judge violations mentioned by this article before it prior to that date.

II. - The provisions of articles 15 and 16 will be effective January 1, 2005.
III. - Clearances granted to mediators and delegates of the Prosecutor of the Republic before the date of entry into force of this Decree remain valid for a period of five years from this date. Thus empowered individuals, as well as those representing the persons empowered, referred to in article R 7. 15-33-32 of the code of criminal procedure, the oath within the period of six months from the same date.
IV. - Clearances granted to individuals under the provisions of 4 ° or 5 ° of article R. 15-33-33 of the code of criminal procedure remain valid for a period of six months from the date of entry into force of this Decree.


Article 22 in addition to its application in its own right in Mayotte pursuant to the 4 ° and 5 ° of the I of section 3 of the Act of 11 July 2001 referred to above, this Decree is applicable in New Caledonia, French Polynesia and in the islands of Wallis and Futuna, except IV and XIV of article 5 and those of articles 10 11, 12, 15 and 20.
However, references to provisions not applicable in New Caledonia, French Polynesia and Wallis and Futuna Islands are replaced by references to the provisions having the same purpose applicable locally and the rates in euros are converted into local currency, given the exchange value of the euro in the currency.


Article 23 the Minister of State, Minister of economy, finance and industry, the keeper of the seals, Minister of justice, the Minister of the overseas and the Secretary of State for the rights of the victims are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.

Done at Paris, on 27 September 2004.
Jean-Pierre by Prime Minister Raffarin: custody of the seals, Minister of justice, Dominique Perben the Minister of State, Minister of economy, finance and industry, Nicolas Sarkozy the Minister of the overseas, Brigitte Girardin the Secretary of State for the rights of victims, Nicole Guedj

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