Section 3: Powers of the public prosecutor

If it appears to the public prosecutor that such a measure is likely to ensure compensation for the damage caused to the victim, put an end to the disorder resulting from the offence or contribute to the rehabilitation of the perpetrator, the public prosecutor may, prior to his decision on the public prosecution, directly or through the intermediary of a judicial police officer, a delegate or a mediator of the public prosecutor:

1° Issue a probationary criminal warning to the offender who has admitted his guilt, reminding him of the obligations resulting from the law or regulations as well as the penalties incurred and informing him that this decision will be reviewed if a new offence is committed within a period of two years; this period is set at one year in contraventional cases. This warning may only be issued by the public prosecutor or his delegate; it may not be issued to a person who has already been convicted or following an offence of violence against persons or an offence committed against a person holding public authority or a public elected office. Where the offence has caused damage to a natural or legal person, the warning may only be issued if the damage has already been made good or if the measure provided for in 4° is also applied;

2° Referring the offender to a health, social or professional structure; this measure may consist of the offender completing, at his own expense, an internship or training in a health, social or professional service or organisation, and in particular a citizenship internship, a parental responsibility internship, an awareness internship to combat the purchase of sexual acts, a responsibility course to prevent and combat domestic and gender-based violence, a course to combat sexism and raise awareness of equality between women and men, or a course to raise awareness of the dangers of using narcotics; in the case of an offence committed while driving a land-based motor vehicle, this measure may consist of the offender completing, at his or her own expense, a road safety awareness course;

3° Ask the offender to regularise his or her situation with regard to the law or regulations. In particular, this may consist of relinquishing to the State the thing that was used or intended to be used to commit the offence or that was the product of the offence. Divestment may also be made in favour of a non-profit-making legal entity designated by the public prosecutor, when it concerns a thing of which the perpetrator is the owner and over which no third party is likely to have any rights;

4° Ask the perpetrator to repair the damage resulting from the offence. This reparation may, in particular, consist of restitution, restoration of the damaged premises or property or a financial payment to the victim or to any natural or legal person who has had to incur costs to restore the damaged premises or property;

5° At the request or with the agreement of the victim, arrange mediation between the perpetrator and the victim. If the mediation is successful, the public prosecutor or the public prosecutor's mediator will draw up a report, which will be signed by him or herself and by the parties, and a copy of which will be given to them; if the perpetrator has undertaken to pay damages to the victim, the latter may, in the light of this report, request recovery of the damages under the injunction to pay procedure, in accordance with the rules laid down by the code de procédure civile. In cases of domestic violence covered by the article 132-80 du code pénal, a mediation mission cannot be carried out ;

6° In the case of an offence committed against either the offender's spouse, cohabitee or partner in a civil solidarity pact, or against the offender's children or those of the spouse, cohabitee or partner, ask the offender to reside outside the couple's home or residence and, where applicable, to refrain from appearing in this home or residence or in the immediate vicinity thereof, and, if necessary, to receive health, social or psychological care; the provisions of this 6° also apply when the offence is committed by the victim's former spouse or partner, or by the person who was linked to the victim by a civil solidarity pact, in which case the home concerned is that of the victim. For the purposes of this 6°, the State Prosecutor will obtain the victim's opinion, or have it obtained, as soon as possible and by any means, as to whether it is appropriate to ask the perpetrator to live outside the couple's home. Except in special circumstances, this measure is taken when acts of violence are likely to be repeated and the victim requests it. The public prosecutor may specify how the costs of this accommodation are to be covered for a period that he or she determines, which may not exceed six months;

7° Ask the offender not to appear, for a period that may not exceed six months, in one or more specific places in which the offence was committed or in which the victim resides;

8° Ask the offender not to meet or receive, for a period that may not exceed six months, the victim or victims of the offence designated by the public prosecutor, directly or through the intermediary of the persons mentioned in the first paragraph, or not to enter into contact with this or these victims;

9° Ask the perpetrator of the offence not to meet or receive, for a period not exceeding six months, any co-perpetrator(s) or accomplice(s) designated by the public prosecutor directly or through the intermediary of the persons mentioned in the same first paragraph, or not to enter into contact with them;

10° Ask the perpetrator to pay a civic contribution to a victim support association mentioned in Articles 10-2 and 41 of this code within the jurisdiction of the judicial court or, failing that, the court of appeal. The amount of this contribution, which may not exceed the amount provided for in premier alinéa de l'article 131-13 du code pénal, est fixé par le procureur de la République en fonction de la gravité des faits ainsi que des ressources et des charges de l'auteur des faits;

11° Dans les cas prévus à l'article 44-1 du présent code et après avoir recueilli l'avis du maire, demander à l'auteur des faits de répondre à une convocation du maire en vue de conclure une transaction. If the perpetrator fails to attend the summons or if no agreement is reached, the mayor shall inform the public prosecutor.

The procedure provided for in this article suspends the statute of limitations on public action.

If the measure is not carried out due to the behaviour of the perpetrator, the public prosecutor, unless there is new evidence, shall implement a penal composition or initiate prosecution.