commission of simple offences shall be competed to try these offences.
CHAPTER II - SUMMARY FINES AND LUMP SUM FINES Section I - Summary Fines
ART 453: As concerns simple offences, if no party claiming damages has showed up, the report shall be
forwarded to the president of the court, the acting magistrate or the judge tasked by the president wit h
the simple offence. Without prejudice to the direct summons right of the Public Prosecutor or a party
who initiate proceedings to claim damages, the judge shall ascertain whether or not they are grounds
to prosecute.
ART 454: If there are grounds to prosecute and if the judge thinks that a prison sentence may be
ordered, the report shall be forwarded to the state counsel or to the magistrate acting as the state
counsel so that article 464 et seq. should be implemented.
ART 455: If the judge does not think a prison sentence should be ordered, he/she shall issue an order
stating the laws that provide for and punish the simple offence as well as set the amount for the
summary fine and costs presented during the investigation. This order, handed down without costs,
shall be notified by the police commissioner or, failing him/her, the mayor of the council, to the offender
who is free to accept it or object to it through a declaration during the notification or through any other
means.
ART 456: Should the perpetrator of the simple offence declare that he/she objects to the order, he/she
shall be brought before the simple offence court following the procedure provided for in article 467. In
case of default, the decision handed down shall be deemed to have been handed down after hearing
both parties if the offender was summoned in person.
ART 457: If the offender accepts the order, he/she shall immediately pay the fine direct ly to the police
commissioner or the commander of the gendarmerie brigade of the place or where, if there is non, the
mayor; these recipients of the fine shall have to issue a receipt, mention the approval and payment in the
report, and send it to the judge who ordered the order for filing at the registry.
ART 458: When the offender who accepts is not able to immediately pay or pay within the period
he/she is given, the order shall be binding and shall be sent to the public prosecutor for imprisonment
for non-payment to be implemented.
ART.459: The following persons shall not have the
right to object:
a) Offenders not found at the address they gave in the report; who, summoned, do not show
up within a period of one month;
b) Offenders who give a fake address;
In both cases, the order shall be binding and shall be recovered as stated in article 457 with the
increase of the fine by 50% in the first case and by 100% in the second.
ART 460: The order accepted by the offender subject to the terms of articles 457 and 458 shall be
considered the first judgement in order to ascertain an instance of repeat offence.
ART 461: The decision determining the amount of the summary fine shall not be subject to any
appeal from the offender.
ART 462: The provisions of articles 453 to 457 shall not apply:
1°
offences;
2°
If the proven summary offence makes it perpetrator liable to the fines for repeat
if it adds to a misdemeanour.
ART 463: Receipts issued by mayors, police commissioners and gendarmerie brigade commanders
shall be taken from a counterfoil register numbered and initialled before it is used in any way by the
treasury employee.
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