Amende Confinement Legal Ou Pas

If you have read in the press the comments of a lawyer asking not to pay the « Corona » fines [10], you know that this only applies to the legal procedure. His reasoning is based on the fact that the prosecutors, overwhelmed, will only pursue the most serious cases, but as in the case of SAC, the prosecutor`s office does not intervene, the argument does not hold. We will come back to this later in the article. [1] The text of the law speaks of a fine of 26 to 500 euros, but it is necessary to take into account the additional decimations, that is to say the indexation in criminal cases, which currently consists in multiplying the amounts by 8. From the point of view of the Help Center, we recommend that you pay if there is no reason to dispute or if the deadlines are exceeded. However, if we read the press, we see that most of the protests have a high chance of success, as it is difficult for the police to prove that the person being checked had no legitimate reason to violate the detention. And they have already created 406,283 minutes for 6.7 million checks, according to a report sent to Le Parisien by Interior Minister Christophe Castaner on Thursday, April 2. But according to some testimonies collected by the press or published on social networks, certain reasons for fines make him skeptical. These include, for example, purchases that are considered non-essential, such as bread or cakes, the absence of a receipt for food, or a handwritten certificate that is considered incomplete or poorly written.

Franceinfo takes stock of the legal framework for these fines and the possible remedies. Almost 4 days after the 1. Containment measures, the government announced that a sanctions regime would be introduced because they were not sufficiently respected. Since then, several actors in the judicial world have made appearances in the press to denounce the illegal nature of these sanctions, to ask them to challenge them or not to pay them at all. For so-called « corona » infringements, the amount of the fine has been set at 750 euros for traders, operators and persons responsible for an activity and 250 euros for all other offenders [2]. As the lawyer for the first defendant charged with non-compliance with detention rules in Paris on 31 March, Safya Akorri broadens the debate. « The diversification of the use of the Adoc file to all types of fixed fines raises serious questions about respect for the rights and freedoms of individuals, » she said. Update 2021-03-15: In case of a lockdown party, the amount of the fine is € 750.00 per participant and € 4,000.00 per organizer. Which brings us directly to another question: is it up to the police to judge whether or not your food belongs to the category of « basic needs » (for which there is a derogatory exit certificate)? The decree does not specify it, specifies the radio. And the police who interrogated them themselves admit that these are « subjective and uncontrollable criteria ».

Also note that you do not have to tell the police the reason for your trip to a doctor who is protected by the doctor`s right to remain silent. After all, the police can never ask you to pay the fine immediately. This will be sent by mail. This transaction can also be sent to you later by the prosecutor`s office. If you do not pay, you will be summoned before the police court judge so that you can defend your rights. If you do not go to the hearing (you « fringe ») or if your arguments do not convince the judge, he will sentence you to a fine (€ 250.00 the 1st time, up to € 4,000.00 the following times), which will be increased by any legal costs. This judgment can then be transmitted to a judicial officer for forced recovery. Be careful, a general principle of criminal law allows the police officer who finds a crime to confiscate the means used for the crime (mobile phone or car). We know that this practice is used in some police areas, such as the province of Namur [12], to combat violations of containment measures. In this case, the judge will also decide at the hearing whether the seized item will be returned or whether its final confiscation will be ordered. Yes, you can always claim a fine and strictly follow the instructions for use.

This has also changed since the beginning of the health emergency: the aggressor now has 90 days from the date of notification and no longer 45 days to take the plunge (and 60 days instead of 30 for an increased fine) for communications between March 12 and June 24, 2020. Two options are possible, explains the French administration: return the form received by mail or go directly to the website of the National Agency for the Automated Processing of Crimes. If a gendarme or police officer verbalizes you while you are cycling to work, you can contest your fine, for example by returning a certificate from your employer. ⚖️ The Ordinance of 25 March 2020 amending the Code of Criminal Procedure on the basis of Law No. 2020-290 of 23 March 2020. March 2020 on emergencies to deal with the Covid-19 epidemic stipulates that you have 90 days, compared to 45 usually to contest your fine. 📝 The writing of the posts may be contested. In fact, if you receive a fine at home and the document only states that it is a « violation of containment measures », you can challenge the fine. The offence must be mentioned in this document. Interested in© this topic? Log in to your account and receive an email notification from the information on the « Curfew and Captivity: What are the rules? Â` is being updated. On July 10, 2014, the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) issued guidelines on issuing and enforcing dog containment agreements. This guide outlines the factors that the HHS/CDC will consider when deciding whether to issue a dog detention agreement or deny entry to a dog imported into the United States that has not been properly vaccinated against rabies.

Dog lock-in agreements fall under 42 CFR 71.51. These guidelines will come into effect on August 11, 2014 (30 days after publication). Since Thursday, the SCA lists « all the offences subject to a fixed fine procedure ». A real catch-all that now seems to include, in addition to traffic offences, a host of other offences in the health, environmental and sporting fields. Not to mention, of course, the violations of the containment rules contained in the health emergency law of March 23 to fight against the spread of Covid-19. READ ALSO THE coronavirus >: « How to contest a fine for non-compliance with detention? » The administrative route is therefore preferred, which is understandable, since it is much faster and avoids a passage before the judge. It also makes it possible to collect the fine in favour of the municipality that implements it, since it applies through the SAC procedure, this famous mechanism of municipal administrative sanctions resulting from the law of 24 June 2013 to facilitate the work of prosecutors. If this infringement is reinstated©© within fifteen days, the fine is increased© to F 178 998 F PCP. You will be emailed© from the page « Curfew and captivity: what are the rules? Â` is considerably updated. Update 2021-03-15: It is no longer possible to impose corona fines through the administrative route for infringements after 29.06.2020. This faculty was based on the 1. Law of Special Powers of 27.03.2020 and was not subsequently renewed.

[11] This did not prevent him from relapsing 4 days later. There is little chance this time that he will escape a fine in an appropriate form. CFR www.lavenir.net/cnt/dmf20200505_01472256/coronavirus-le-premier-condamne-pour-infraction-aux-mesures-de-confinement-a-recidive-4-jours-plus-tard 👮 ♂️ So, if a police officer or gendarme thinks that your purchases are not of first necessity, and he verbalizes you, you can contest the fine. To do this, you can take a photo of your receipt to prove your good faith. The legal basis for these activities can be found in Titles 8 and 42 of the United States Code and relevant related regulations. « How could a crime be constituted on the basis of a series of fines, some of which were recorded in a file by law, while others would have been recorded there at a time when it was not legal to do so? » she asks. At the hearing, his lawyer Rémi Cassette then claimed that the procedure was null and void.