Enforcement of national penalties - fines


France - Criminal Procedure Code 1959 (2006) EN




Article 707-1
The public prosecutor and the parties seek to obtain the execution of that part of the sentence that concerns them.
However, proceedings for the recovery of fines and confiscations are undertaken by the tax collector in the district prosecutor's name.
The payment of the fine must always be sought. However, a total or partial default on the payment of this sum may lead to the incarceration of the convicted person in accordance with the conditions set down by the law.
For the recovery of any fines, the limitation period is interrupted by an order delivered to the convicted person or by a seizure of which he is informed.

Article 707-2
In proceedings for misdemeanours or petty offences, any person sentenced to a fine has a month from the date the sentence was imposed in which to pay.
Where the convicted person pays the fine as provided for by the first paragraph, there is a reduction of 20%, up to a maximum of €1,500.
Where an appeal is lodged against the part of the penal aspects of the decision, at the request of the party concerned, any sums paid out are reimbursed.
A Decree of the Conseil d'Etat determines the conditions of implementation of the present article.

Article 707-3
Where a court imposes a fine for a misdemeanour or a petty offence, the president informs the convicted person that if he pays the entire fine within a month from the date of the ruling which imposed it, there is a reduction of 20%, up to a maximum of €1,500.
The president informs the convicted person that the payment of the fine will not impede any proceedings for appeal.

Article 707-4
The provisions of articles 707-2 and 707-3 also apply to any convicted persons who have been authorised to pay fines in several instalments over a period of time, within a time limit and according to any provisions determined by the competent public Treasury departments.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.