When the closure of a business is ordered, it entails the prohibition for the convicted person or
for any tenant, manager or business assignee to carry out in the same premises, the same
professional activity, even under another name or under another legal company name.
The measure applies automatically from the day the decision has become final, or from the day
the formalities provided for by the procedural laws have been complied with in the event of a
conviction in absentia.
It is executed in accordance with the rules laid down in the last paragraph of article 71.
In the event that the closure of a business leads to the redundancy of the personnel, the latter,
unless they are convicted as accomplices, receives compensation equal to their salary plus any
benefits in kind calculated for the duration of the closure, subject to the application of collective
or specific labor agreements if they provide for a higher compensation.
The period of compensation is limited to six months if the duration of the closure is longer than
this period.
Section 6: Ban on professional activity
Article 85: The judge may, in all cases of felony or misdemeanor, prohibit the exercise of a
profession, trade or industrial activity that allowed or facilitated the commission of the offense,
when the nature or gravity of the offense justifies it and when the continuation of this profession
or professional activity may lead to recidivism by the convicted person.
The duration of this ban is set by the judge. It may not exceed ten years for a felony and five
years for a misdemeanor.
In case of recidivism, it may be pronounced for life.
Section 7: Surveillance and assistance
Article 86: Any person sentenced to a suspended or unsuspended term of imprisonment of more
than two years may, by reasoned decision, be placed for a period of up to five years under a
system of assistance and surveillance comprising general obligations and, where applicable,
special obligations.
The convicted person’s compliance with these obligations is monitored by the judge responsible
for the enforcement of penalties.
Assistance and surveillance are carried out either by social assistance personnel or by the
administrative, police or gendarmerie authorities, under the supervision of the judge responsible
for the enforcement of penalties.
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