French Code of Criminal Procedure
In forceAs soon as it is issued, the criminal order is forwarded to the public prosecutor who, within ten days, may either lodge an objection by declaration at the court registry, or pursue its enforcement.
This order is brought to the attention of the accused by registered letter with acknowledgement of receipt. It may also be brought to the attention of the accused by the public prosecutor, either directly or through an authorised person; this method of notification is compulsory if the order imposes a day-fine penalty or a community service penalty.
The accused is informed that he or she has a period of forty-five days from this notification to lodge an objection to the order, that this objection may be limited to the civil or criminal provisions of the order where a decision has been taken on an application made by the victim and that it will allow the case to be the subject of an adversarial and public hearing before the criminal court, during which he or she may be assisted by a lawyer, whose appointment he or she may request. The accused is also informed that the criminal court, if it finds him guilty of the acts of which he is accused, will have the option of imposing a prison sentence against him if this is incurred for the offence that was the subject of the order.
In the absence of opposition, the order is enforced in accordance with the rules laid down by this code for the enforcement of criminal judgements.
However, if it is not clear from the notice of receipt that the accused has received the letter of notification, the opposition remains admissible until the expiry of a period of thirty days which runs from the date on which the interested party became aware, on the one hand, of the sentence, either by an enforcement act or by any other means, and on the other hand, of the time limit and forms of opposition open to him.
The competent public accountant shall stop the recovery upon receipt of the notice of opposition to the penal order drawn up by the clerk's office.
