French Code of Criminal Procedure
In forceI.-The public prosecutor may decide to use the simplified ordonnance pénale procedure for the offences referred to in II of this article where it is clear from the criminal investigation that the charges against the accused are simple and established, that the information concerning the accused's character, charges and resources is sufficient to enable the sentence to be determined, and that it does not appear necessary, given the minor seriousness of the offence, to impose a prison sentence, charges and the resources of the accused are sufficient to enable the sentence to be determined, that it does not appear necessary, given the low seriousness of the offences, to impose a prison sentence or a fine in an amount greater than that set out in Article 495-1 and that recourse to this procedure is not likely to prejudice the rights of the victim.
II.-The simplified ordonnance pénale procedure is applicable to the offences mentioned in article 398-1 of the present code, with the exception of offences of wilful and involuntary personal injury.
This procedure is also applicable to the offence of defamation provided for in the Article 32 of the Law of 29 July 1881 on the freedom of the press and the offence of insult provided for in the second to fourth paragraphs of the Article 33 of the same law, except where the provisions of article 42 of the said law or of the article 93-3 of law n° 82-652 of 29 July 1982 on audiovisual communication.
III.The simplified criminal order procedure is not applicable:
1° If the accused was under eighteen years of age on the day of the offence;
2° If the victim has directly summoned the accused before the order provided for in article 495-1 of this Code;
3° If the offence was committed at the same time as an offence or contravention for which the ordonnance pénale procedure is not provided.
