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The prescription of the road reports in question

2020-09-26T14:29:55.577Z

RIGHT OF THE USER - In a decision of September 1, 2020, the Court of Cassation further tightens the conditions for obtaining the right to be forgotten for the motorist.



Prescription is a principle of law designating the period beyond which an offense can no longer be tried (we speak of prescription of public action) and the period beyond which a sentence pronounced by a judge can no longer be judged. be executed by the convicted person (prescription of penalties).

Public action for contraventions is prescribed by one year that has elapsed from the day the infraction was committed.

This limitation is only acquired if, in the interval of this year, no act of investigation or prosecution has been made to interrupt or suspend this limitation.

Several procedural acts, of which the offender is not necessarily aware, can thus suspend this period (eg: act of investigation, hearing, transmission of file between police services, etc.).

The Court of Cassation has just added to this long list, the simple consultation by the services of the State prosecutor's office of your pink paper in the national file of driving licenses.

This consultation constitutes, in all cases, an act of investigation or prosecution, interrupting the prescription of public action and this even, specifies the Court, when the consultation concerns an offense not giving rise to the withdrawal of license points. To drive.

It remains good to know, however, that, if you contest the fine, your letter has no effect on the limitation period and that the judge hearing your case must automatically note the limitation period so that if it has escaped you , the judge has a legal obligation to come to your rescue.

Source: lefigaro

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