Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the Civil Code, in particular the titles XIV, XVII and XVIII of Book III;
Considering the penal code, including articles 131-5-1, 131-6 and 132-45;
Considering the Code of Criminal Procedure, including Articles 41-1, 41-2, 138 (15°), 142, 142-2, 142-3 and 495-3;
Considering the general tax code, including article 1018 A;
Considering the amended Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
Having regard to Organic Law No. 2004-192 of 27 February 2004 on the status of autonomy of French Polynesia;
Having regard to Act No. 61-814 of 29 July 1961 as amended conferring on the Wallis and Futuna Islands the status of overseas territory;
Considering the amended Act No. 2001-616 of 11 July 2001 on Mayotte, in particular article 3-I (4° and 5°);
In light of amended Order No. 45-174 of 2 February 1945 relating to child offenders, including Article 20-4-1;
The State Council (inland section) heard,
Decrete:
Chapter I of Title III of Book I of Part II (Council Decrees) of the Criminal Code is amended as follows:
I. - In section 2, articles R. 131-35 and R. 131-36 become articles R. 131-45 and R. 131-46.
II. - In section 1, it is inserted after section R. 131-34 a sub-section 3 as follows:
"Subsection 3
« De la peine de stage de citizenship
“Paragraph 1
« Subject and duration of the internship
"Art. R. 131-35. - The citizenship course provided for in article 131-5-1 and made applicable to minors between the ages of 13 and 18 by article 20-4-1 of Ordinance No. 45-174 of 2 February 1945 on delinquent childhood is intended to remind the convict of the republican values of tolerance and respect for the dignity of the human person and to make him aware of his criminal and civil responsibility as well as of the duties involved in life in society. It also aims to promote social inclusion.
"In the case of a person convicted of an offence committed with the aggravating circumstance provided for in section 132-76, he also reminds the person concerned of the existence of crimes against humanity, especially those committed during the Second World War.
"Art. R. 131-36. - The duration of the citizenship course is determined by the court, taking into account, for the major convict of his family, social or professional obligations, for the minor convict of his school obligations and his family situation. She can't exceed a month.
"The effective daily training period cannot exceed six hours. For the minor, she must be adapted according to her age and personality.
“Paragraph 2
“Organization of the internship
"Art. R. 131-37. - The citizenship course is organized in collective, continuous or discontinuous sessions, composed of one or more training modules adapted to the personality of the convicts and the nature of the offence committed. For minors, the modules are also adapted to their age.
"These sessions take place either within the jurisdiction of the Court of Grand Instance or within the jurisdiction of the Court of Appeal.
"The courses are implemented under the supervision of the public prosecutor's delegate from the place of execution of the sentence. They may also be implemented under the supervision of the penitentiary service for insertion or probation.
"The content of the citizenship internship is the subject of a project developed by the person or the department responsible for monitoring its implementation. This project is validated by the prosecutor of the Republic after the opinion of the president of the Court of Grand Instance.
"Art. R. 131-38. - The modules of the citizenship course can be developed with the assistance of local authorities and public institutions and, where applicable, private legal persons or natural persons participating in missions of general interest, including access to the law.
"When a training module is developed with one of the public or private individuals mentioned in the preceding paragraph, it is the subject of a convention between the public prosecutor, acting on behalf of the State, and that person. This agreement specifies the content of this module, its duration, the specific objectives assigned to it, the terms and conditions of the benefit provided by the private or public person, and the terms and conditions for the financing of the expenses incurred.
“Paragraph 3
« Deroulement et fin du stage
"Art. R. 131-39. - Prerequisitely to the implementation of the internship, the person or the department responsible for the internship receives the convicted person and sets out the objectives of the training. The Committee shall specify the consequences of non-compliance with its obligations arising from the course, as derived from section 434-41 or as established by the court under section 131-9, where applicable.
"Art. R. 131-40. - A certificate of termination of probation is issued to the convicted person, who is directed to the person or to the department responsible for monitoring their implementation.
“Paragraph 4
“Specific provisions applicable to minors
"Art. R. 131-41. - When the citizenship course concerns minors, it is developed and implemented under the supervision of a public youth protection service. The internship project is transmitted by the head of this service to the departmental director of the judicial protection of youth. In order to allow for the implementation of the training, the director collects the opinion of the juvenile judge and the consent of the public prosecutor of the place where the internship will usually take place.
"Art. R. 131-42. - The convention provided for in article R. 131-38 has passed between the persons mentioned in the first paragraph of this article and the public sector service of the judicial protection of youth.
"The Departmental Director of Judicial Protection of Youth informs the Children's Judge and the Attorney of the Republic of the identity of the services implementing citizenship courses for minors in the department and the content of these courses.
"Art. R. 131-43. - The formalities provided for in section R. 131-39 shall be carried out in the presence of the parents, the guardian, the person in charge of the institution or the person to whom the minor is entrusted, or those duly summoned.
"The internship takes place under the supervision and in the presence of an educational staff of the department responsible for its implementation. In the event of a difficulty in performing the internship, particularly with respect to the behaviour of the minor, the service representative may suspend the execution of the training. He then promptly informed the juvenile judge and the prosecutor of the Republic and sent a report to them.
"Art. R. 131-44. - At the end of the internship, the department in charge of the measure receives the minor and the parents, the guardian, the person in charge of the institution or the person to whom the minor is entrusted in order to determine the progress of the internship and to verify that its objectives have been achieved.
"In the period of one month following the completion of the internship, a summary report is transmitted by the department to the juvenile judge and the public prosecutor. »
Article R. 15-33-33 of the Code of Criminal Procedure is amended as follows:
1° The first is thus written:
« 1° Do not exercise judicial functions or participate in the operation of the justice service or be invested with an elective mandate in the jurisdiction of the Court of Appeal";
2° It is added after the 3° a 4° and a 5° as follows:
« 4° Not to be over 75 years old;
« 5° Except as provided by the guardian of the seals, Minister of Justice, not to be a spouse, concubine, parent or allied until the degree of uncle or nephew inclusively of a magistrate or a judicial officer or bound with one of them by a civil pact of solidarity. »
Articles R. 15-33-35 to R. 15-33-37 of the Code of Criminal Procedure are replaced by the following provisions:
"Art. R. 15-33-35. - After having carried out all the diligence that he deems useful, the public prosecutor or, if the person concerned is to perform his or her duties within the jurisdiction of the Court of Appeal, the public prosecutor decides to grant the person for a probationary period of one year.
"At the end of this period, the Attorney General or the Attorney General shall decide on the authorization of the person for a period of five years, after the advice of the General Assembly of the Judges of the Headquarters and the Prosecutor's Office of the Court or the Court of Appeal, or of the restricted commission of the General Assembly of the Judges of the Headquarters and the Prosecutor's Office in the courts where its constitution is compulsory.
"Enhabilitation is renewable for the same period according to the same procedure.
"The decisions set out in this article shall state whether the person is authorized as a mediator or as a delegate of the prosecutor of the Republic and whether the person is authorized to be entrusted with missions concerning minors.
"Art. R. 15-33-35-1. - The list of persons authorized by the Public Prosecutor is addressed to the Attorney General.
"Art. R. 15-33-36. - As soon as it is authorized under the provisions of the first paragraph of Article R. 15-33-35, the mediator or the delegate of the public prosecutor shall take the following oath before the Court of Grand Instance or the Court of Appeal:
"I swear to perform my duties with rigour, loyalty, impartiality and dignity and respect professional secrecy. »
"This oath is also lent by natural persons representing the legal persons authorized, referred to in the 7th of Article R. 15-33-32.
"Art. R. 15-33-36-1. - The mediator and the prosecutor's delegate of the Republic shall, once a year, issue an activity report to the prosecutor of the Republic or, if they exercise their functions within the jurisdiction of the Court of Appeal, to the Attorney General.
"Art. R. 15-33-37. - Enabling may be withdrawn if the person ceases to meet any of the conditions set out in section R. 15-33-33 or if the person fails to properly perform the duties entrusted to him. This withdrawal shall be pronounced, after the person concerned has been given the opportunity to present his or her oral comments, according to the procedure provided for in article R. 15-33-35 for the enabling decision.
"In the event of an emergency, the Public Prosecutor or the Attorney General may withdraw the authorization on an interim basis until the consultations provided for in the second paragraph of Article R. 15-33-35 are available. »
In chapter V of title IV of Book VI of Part II (Council Decrees) of the Criminal Code, it is inserted after article R. 645-8 a section thus written:
“Section V bis
"From the usurpation of function or delegated title
Office of the Public Prosecutor
"Art. R. 645-8-1. - The fact of performing the acts reserved to the delegates or mediators of the public prosecutor or of using the title attached to these functions, without having been authorized to do so or having been subject to a withdrawal of authorization, shall be punished by the fine provided for the offences of the fifth class.
"The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the contraventions defined in this section. »
I. - Article R. 15-33-40 of the Code of Criminal Procedure is amended as follows:
1° In the first paragraph, the words "nine" are replaced by the words "tenth";
2° In the third paragraph, the words "1° to 4°" are replaced by the words "1° to 13°";
3° This third paragraph is supplemented by the words: "when one of the measures provided by the 7th and 13th is proposed, it is specified whether the internship gives rise to expenses charged to the perpetrator of the facts and their maximum amount; » ;
4° In the fourth paragraph, the word "sixth" is replaced by the word "fifth".
II. - In the first paragraph of article R. 15-33-41 of the same code, the words "by the 3°" are replaced by the words "by the 4° and 5°".
III. - In article R. 15-33-42 of the same code, the word "4°" is replaced by the word "6°".
IV. - In article R. 15-33-43 of the same code, the words: "as provided for in articles L. 234-1 and L. 234-8 of the road code" are replaced by the words: "as provided for in articles 222-19-1 or 222-20-1 of the penal code or in articles L. 234-1 or L. 234-8 of the road code or any other offence giving rise to the removal of the points of the driving licence".
V. - In article R. 15-33-44 of the same code, the word "seventh" is replaced by the word "sixteenth".
VI. - Article R. 15-33-45 of the same code is amended as follows:
1° In the first paragraph, the word "sixth" is replaced by the word "fifth";
2° The second paragraph is repealed;
3° In the third paragraph, the word "also" is deleted.
VII. - In article R. 15-33-47 of the same code, the words: ", ex officio or at the request of the interested persons" are deleted.
VIII. - In article R. 15-33-48 of the same code, the words: "the measure provided for in the 3°" are replaced by the words: "one of the measures provided for in 4°, 5°, 9°, 10° and 11°".
IX. - In the second paragraph of article R. 15-33-50 of the same code, the words: "will be able to decide" are replaced by the words: "will decide, except as a new element."
X. - Article R. 15-33-53 of the same code is amended as follows:
1° In the third paragraph, the words "L. 18 or L. 18-1" are replaced by the words "L. 224-1 et seq." and the word "3°" is replaced by the word "4°";
2° The last paragraph is supplemented by the following sentence:
"The same is true in the event of a finding that the person did not comply with one of the prohibition measures provided for in 9°, 10° and 11° of section 41-2. »
XI. - Article R. 15-33-55 of the same code is amended as follows:
1° In the first paragraph, the word "4°" is replaced by the word "6°";
2° The second paragraph is replaced by the following:
"The Penitentiary Service for Inclusion and Probation shall, at the request of the Public Prosecutor, exercise the powers provided for the Probation Officer by the articles mentioned in the preceding paragraph. »
XII. - In article R. 15-33-56 of the same code, the word "sixth" is replaced by the word "fifth".
XIII. - In article R. 15-33-57 of the same code, the words "at 1° and 4° and in the sixth paragraph of article 41-2" are replaced by the words "by articles 41-2 and 41-3".
XIV. - In article R. 15-33-59 of the same code, the words: "by article L. 1 of the road code" 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 road code or any other offence or contravention giving rise to the removal of the points of the driver's licence".
XV. - In R. 15-33-60 of the same code, the word "Eleventh" is replaced by the word "Twentieth".
It is inserted after article R. 15-33-52 of the Code of Criminal Procedure an article R. 15-33-52-1 as follows:
"Art. R. 15-33-52-1. - When the criminal composition involves the handover of the vehicle for the purpose of immobilization as provided for in Article 41(2), the handover shall be carried out in accordance with the provisions of Articles R. 131-5 to R. 131-11 of the Criminal Code. References to the sentencing decision made by these articles are replaced by references to the order for the validation of the criminal composition. »
After article R. 15-33-55 of the Code of Criminal Procedure, articles R. 15-33-55-1 to R. 15-33-55-5 are inserted as follows:
"Art. R. 15-33-55-1. - When the criminal composition involves the follow-up of an internship or training provided by the 7th of Article 41-2, the proposal of the prosecutor of the Republic specifies whether the internship or training results in a charge of costs incurred by the perpetrator of the facts. If this is the case, the amount of these fees may not exceed the amount of the fine provided for third class contraventions.
"When it consists of a road safety awareness training, the measure provided for in the preceding paragraph may be carried out in accordance with the provisions of the first two paragraphs of Article R. 131-11-1 of the Criminal Code.
"In all cases, the author of the facts shall address to the public prosecutor or his or her delegate a certificate of probation or training, after he or she has been completed.
"Art. R. 15-33-55-2. - When the criminal composition includes the prohibition measure to issue cheques or to use a payment card provided for by the 8th of section 41-2, the author of the facts shall give to the court clerk or to the person designated by the public prosecutor, against receipt, chequebooks and payment cards in his possession for the duration of the measure.
"Art. R. 15-33-55-3. - When the criminal composition includes the prohibition measure to meet, receive or contact the victim as provided for in Article 41-2 10, this measure is brought to the attention of the victim.
"Art. R. 15-33-55-4. - When the criminal composition includes the ban measure for the release of the national territory provided for by the 12th of Article 41-2, the author of the facts shall give to the court office or to the person designated by the prosecutor of the Republic, against receipt, his passport for the duration of the measure.
"Art. R. 15-33-55-5. - When the criminal composition involves the completion of a citizenship internship under Article 42-1, the provisions of Articles R. 131-35 to R. 131-40 of the Criminal Code are applicable. »
I. - Articles R. 24 and R. 25 of the Code of Criminal Procedure, respectively, become articles R. 23-1 and R. 23-2.
II. - It is inserted, after R. 23-2, articles R. 23-3 and R. 23-4 as follows:
"Art. R. 23-3. - In the event of a final conviction of the person prosecuted for the payment of damages, the prosecutor of the Republic shall inform the civil party of the existence of the bond and shall indicate the formalities to be performed in order to obtain the deposits and consignations of the amounts due to him, increased, if any, of the interest owing.
"Art. R. 23-4. - In the cases provided for in the first paragraph of section 142-2 and in the first paragraph of section 142-3, the amounts returned to the person prosecuted shall be increased, if any, interest accrued. »
III. - It is added after R. 23-4 a paragraph 4 as follows:
“Paragraph 4
"From the constitution of security rights
“Art. R. 24. - Pursuant to the 15th of section 138, the examining magistrate may order the person under review to establish, within a period determined by the examining magistrate, one or more personal or real rights to guarantee the respective rights of the identified or identifiable victims and the public treasury.
"The judge shall determine the duration for which the security right shall be constituted and the amount of the security right so guaranteed. In the presence of several identified or identifiable victims, each person may specify the amount of the security guarantee.
"In the case of a security right, the judge shall designate, in addition, the property that constitutes the security right, the nature of the security right and shall specify, where appropriate, its rank.
"Art. R. 24-1. - If the investigating judge has decided that the security rights or security rights will guarantee in full the rights of one or more civil parties, they shall be constituted for the benefit of them.
"If the examining magistrate has decided that the security rights or security rights will ensure the representation of the person and the payment of the fines, they shall be constituted for the benefit of the public treasury.
"If the examining magistrate has decided that the security rights or rights will guarantee the rights and objectives mentioned in the preceding two paragraphs, they shall be constituted for the benefit of the civil parties and the public treasury.
"Art. R. 24-2. - Where security rights guarantee, in part or in whole, the rights of one or more victims who have not yet been identified or who have not yet become a civil party, they are established on behalf of a provisional beneficiary acting on behalf of these victims and, where applicable, of the public treasury.
"The provisional beneficiary is selected from those who are engaged in a public authority regulated activity and subject to a professional insurance obligation. It is proposed by the person under review and accepted by the investigating judge.
"The provisional beneficiary undertakes to transfer the security(s) to the victims and, where applicable, to the public treasury, in the event of a conviction for the benefit of the person under review.
"Art. R. 24-3. - Within the time limit provided by the investigating judge, the person under review shall constitute and, where appropriate, publish the security requested in accordance with the laws and regulations applicable to that security right.
"This person may, however, request the investigating judge to receive an additional time limit to establish or publish the security right by justifying the formalities already completed for that purpose.
"Art. R. 24-4. - The acts constituting the security established on behalf of a provisional beneficiary and, where appropriate, the acts ensuring his or her publicity specify that the provisional beneficiary acts either to guarantee the rights of the public treasury and the rights of the victims or to guarantee the rights of the victims, according to the decision of the investigating judge, whose references are mentioned in these acts.
"Art. R. 24-5. - The documents certifying the constitution and, where appropriate, the advertisement of the security right shall be sent in triple copy, original or copy, by the person being examined to the Registrar of the investigating judge and shall be placed on the record of the proceedings.
"Art. R. 24-6. - Where a security right is retained, the court order specifies that the person under review and, as the case may be, the provisional beneficiary, the public treasury or the civil party(s) that are parties to the security right's constitution shall inform the investigating judge of the disposition of the encumbered property or of the payment of compensation resulting from its destruction. If the investigation is completed, the information is communicated to the public prosecutor.
"The order further states that the amounts of money collected on these occasions will be subject to bail on the terms and conditions set out in section R. 24-7.
"Art. R. 24-7. - When an event referred to in R. 24-6 occurs, the examining magistrate or the prosecutor of the Republic orders the payment of the amounts collected, as a surety, to the returning officer under the conditions set out in R. 19 and R. 21.
"According to the initial decision that led to the creation of the security right, it is indicated that these sums guarantee either exclusively the rights of the victims identified, or, in proportion to the amounts recovered, the interests taken into account by the 1st and 2nd of Article 142. The amounts are paid by the Registrar to the Fund for deposits and consignations under the conditions set out in articles R. 23-2 and R. 23-3.
"At the end of the proceedings, the provisions of articles R. 23-2 and R. 23-3 are enforced. If the conditions laid down in section 142-1 are met, the investigating judge or the prosecutor of the Republic may order the payment to the victim of all or part of the amounts received.
"Art. R. 24-8. - Where a security right guarantees the representation of the person, the provisions of the second paragraph of Article 142-2 may be applied only if it is found, either in the conviction or in a decision rendered by the court referred to in Article 710, that the conditions provided for in that paragraph are met. The court then orders that it be proceeded by the Public Treasury to recover the debt guaranteed by the first part of the security right.
"The Attorney General of the Republic shall send a copy of the documents certifying the establishment of the security right to the public treasury responsible for the execution of that decision.
"When the security right has been incorporated on behalf of a provisional beneficiary, the Public Treasury, a final beneficiary of the security right established for its benefit, shall inform the latter and, where appropriate, the security right or the security right holder.
"Modificative advertising procedures are performed at the diligence of the Public Treasury.
"Art. R. 24-9. - In the event of a final conviction of the person prosecuted for the payment of damages, the Public Prosecutor shall send to each of the civil parties a copy of the documents attesting to the constitution and, where applicable, the advertisement of security rights.
"When the security rights have been constituted on behalf of a provisional beneficiary, the civil parties or parties, the final beneficiaries of the security rights established for their benefit, shall inform the provisional beneficiary and, where appropriate, the security or security right holder.
"Modificative advertising procedures are performed at the diligence of the civil parties.
"Art. R. 24-10. - In the event of a final conviction of the person charged with a fine, the Public Prosecutor shall send a copy of the documents attesting to the establishment of security.
"When the security right has been incorporated on behalf of a provisional beneficiary, the Public Treasury, a final beneficiary of the security right established for its benefit, shall inform the latter and, where appropriate, the security right or the security right holder.
"Modificative advertising procedures are performed at the diligence of the Public Treasury.
"In the event of a final conviction of the person prosecuted for the payment of damages or, if any, of the food debt and fine, the Public Treasury shall inform the civil parties or the provisional beneficiary on whose behalf the security right has been constituted, as well as the bail or holder of the security object property, of the priority accorded to the civil party or party. The necessary corrective advertising procedures for the diligence of the Treasury report this priority.
"Art. R. 24-11. - In the cases and in accordance with the distinctions provided for in the first paragraph of Article 142-2 and the third paragraph of Article 142-3, the deletion of the security right is obtained by the person prosecuted on the presentation of one of the following decisions having acquired a final character attested by a copy, issued by the Registry of the court which rendered the decision, in the enforceable formula:
“(a) Decision of non-place, relax or acquittal;
“(b) Conviction decision as long as it does not impose a firm fine or order compensation to the civil party;
"(c) Jurisdictional decision that the provisions of Article R. 24-8 have not been applied.
"When a personal security right has been established, the release of the bond is the result of one of the final decisions mentioned above.
"Art. R. 24-12. - The remuneration of the provisional beneficiary shall be the person under review for an amount fixed by the parties to the security agreement.
"Art. R. 24-13. - The provisions of sections R. 24 to R. 24-12 shall apply to security rights constituted by a legal entity pursuant to the provisions of Article 706-45(2). »
I. - Article R. 249-2 of the Code of Criminal Procedure is supplemented by two paragraphs as follows:
"If the person prosecuted has established a security right in the course of judicial review, pursuant to the provisions of 15° of section 138, the security allowance also includes the costs of establishing, advertising and delisting, the tariff of which is fixed by the regulations governing that security right.
"Where the security right has been constituted for the benefit of a provisional beneficiary under the provisions of sections 142 and R. 24-2, the allowance shall also include the reimbursement of the amounts paid to that person, for an amount not exceeding 150 euros or, if the provisions of section R. 24-6, 300 euros have been applied. »
II. - The last paragraph of article R. 249-3 of the same code is supplemented by the following sentence:
"Where the claimed compensation also relates to the costs provided for in the last paragraph of section R. 249-2, an attestation from the provisional beneficiary indicating either the amount of his or her remuneration or that the amount of his or her remuneration was greater than the amounts provided for in the last paragraph of that section. »
Article R. 53-40 of the Code of Criminal Procedure is amended as follows:
1° After the first paragraph of (b), a sub-item reads as follows:
" - Article R. 610-5 concerning the violation of prohibitions or breach of obligations imposed by decrees and police orders; » ;
2° After the 8°, it is added a 9° as follows:
« 9° Contraventions listed in section R. 48-1 of this Code, relating to the list of contraventions for which public action is extinguished by the payment of a lump sum fine. »
Article R. 53-41 of the Code of Criminal Procedure reads as follows:
"Art. R. 53-41. - Pursuant to the provisions of the second paragraph of Article 706-72, the locality court may, by delegation of the President of the High Court, validate the proposed criminal compositions, on the basis of Articles 41-2 and 41-3, to the perpetrators of offences or contraventions falling within the territorial jurisdiction of the prosecutor of the Republic near that court. »
The Code of Criminal Procedure is amended as follows:
I. - After article R. 53-41, an article R. 53-42 is inserted as follows:
"Art. R. 53-42. - The fixed procedural right established by Article 1018 A of the general code of taxes, applicable to the court of proximity in respect of contravention, is that provided for in the 2nd of this article for the decisions of the police court. »
II. - The 3rd of Article R. 179 is supplemented by the words "or the jurisdiction of proximity".
III. - At the 1st of Article R. 249-2, it is added after the words: "the police court" the words: "or the jurisdiction of proximity,".
IV. - In the b of article R. 249-6, it is added after the words "the police court" the words "or the jurisdiction of proximity".
Section R. 625-8 of the Criminal Code is repealed.
Section IV, entitled "From the Gathering" of chapter V of title II of Book VI of Part II (State Council Decrees) of this Code is deleted.
Sections R. 41-1-A and R. 41-1 of the Criminal Procedure Code are repealed.
The provisions set out after section R. 41 of this code are thus drafted:
“Chapters III to VIII:
"Neant."
Article R. 57-10 of the Code of Criminal Procedure is replaced by the following provisions:
"Art. R. 57-10. - The electronic supervision of persons under judicial review ordered by the examining magistrate or the judge of freedoms and detention and that of persons sentenced to a custodial sentence ordered by the court of judgment or by the judge of the application of the penalties pursuant to the provisions of Articles 138 and 723-7 of this Code and Article 132-26-1 of the Criminal Code shall be carried out under the conditions laid down in this title. »
Article R. 59 of the Code of Criminal Procedure is amended as follows:
1° In the first paragraph, the word "voking" is replaced by the words "may call";
2° It is supplemented by a sub-item:
"The formalities provided for in this article may also be carried out, on the instruction of the judge of the application of the penalties, by the prison service of insertion or probation. »
Article R. 121-2 of the Code of Criminal Procedure is amended as follows:
I. - At 1°, after the words: "Article 41-1", it is added the words: "or to notify a criminal order under the provisions of Article 495-3".
II. - At 2°, after the words: "of Article 41-1", it is added the words: "and to verify the respect by the person of his or her commitments, as well as for a mission to monitor the implementation of the penalty of citizenship internship".
III. - The b of the 4th is thus modified:
1° The words: "the measures provided for in 1°, 2° or 3°", "the measure provided for in 4°" and "sixth paragraph" respectively are replaced by the words: "one of the measures provided for in 1° to 5° and 8° to 12°", "one of the measures provided for in 6°, 7° and 13°" and "Fifteenth preambular paragraph";
2° It is supplemented by the sentence:
"The cumulative amount of the sums thus allocated cannot, however, exceed the amount owing for four of these measures. »
IV. - At the end of the article, it is added a paragraph as follows:
"The compensation provided for in 1° for recalls of obligations resulting from the law is not cumulative with those provided for in 2°, 3° or 4°. »
After article R. 122 of the Code of Criminal Procedure, an article R. 122-1 is inserted as follows:
"Art. R. 122-1. - The sum set out 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 carried out within 48 hours, regardless of the language used. »
In article R. 131-13 of the Criminal Code, the words "Departmental Council for the Prevention of Crime" are replaced by the words "Departmental Council for Prevention".
I. - Article R. 129 of the Code of Criminal Procedure is amended as follows:
1° In the second paragraph, the word "10" is replaced by the word "1.5";
2° In the third paragraph, the word "franc" is replaced by the word "euro".
II. - Article R. 140 of the same code is amended as follows:
1° In the first paragraph, the word "40" is replaced by the word "6";
2° In the second paragraph, the word "franc" is replaced by the word "euro".
I. - The provisions of Article 10 will come into force on 1 January 2005.
The police court remains competent to try the contraventions mentioned in this article before that date.
II. - The provisions of Articles 15 and 16 shall enter into force on 1 January 2005.
III. - The authorizations granted to mediators and prosecutors before the date of entry into force of this decree shall remain valid for a period of five years from that date. Such persons, as well as those representing the legal persons authorized, referred to in the 7th of Article R. 15-33-32 of the Code of Criminal Procedure, shall be sworn within six months from the same date.
IV. - The authorizations granted to persons 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.
In addition to its full application to Mayotte in accordance with the 4th and 5th I of Article 3 of the above-mentioned Act of 11 July 2001, this Order is applicable in New Caledonia, French Polynesia and in the Wallis and Futuna Islands, with the exception of the provisions of Article 5 IV and XIV and articles 10, 11, 12, 15 and 20.
However, references to provisions not applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands are replaced by references to the provisions having the same locally applicable object and the tariffs fixed in euros are converted to local currency, given the counter-value of the euro in that currency.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Justice, the Minister of the Overseas and the Secretary of State for the Rights of Victims are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 27, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
The overseas minister,
Brigitte Girardin
The Secretary of State for the Rights of Victims,
Nicole Guedj
