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Covid-19, contest a PV for non-compliance with confinement

2020-04-01T14:18:55.946Z


NEWS - Following one or more reports for non-compliance with confinement, you are liable for a fine that you consider excessive or unfounded. How to effectively challenge your PV?


Once the notice of violation is in your hands, you have a period of 45 days following the date of the notice to contest this verbalization with the public prosecutor of the police court.

You must scrupulously respect the formal conditions of the dispute by attaching to the statement of your grounds for dispute the original of your minutes.

This dispute is made either by sending the public prosecutor a registered letter AR, or by dematerialized way by going to the ANTAI website.

You must enclose with your dispute all the supporting documents making it possible to demonstrate the legality of your displacement and its justification.

It seems particularly judicious to produce a copy of the certificate that you presented to the police as well as the supporting documents justifying your exit (receipt, certificate of the person visited, certificate of employer, etc.).

If there is no dispute, the fine will be automatically increased.

You will be able again, and according to the same rules of form, to bring your complaint before the officer of the public prosecutor within 30 days following the increase of this fine.

The latter can either close the file considering that the offense is ultimately not characterized or seize the court for a future criminal hearing.

Note, however, that the police may, on the instruction of the public prosecutor, refuse the benefit of the fixed fine (135 euros or 200 euros in the event of a repeat offense: new violation found within fifteen days).

Thus, your file will be directly judged by the police court either by direct summons (the judge can impose a fine of 750 euros at most and 1500 euros in the event of recidivism), or by criminal order (judgment without appearance and you will then have 30 days to object to this conviction).

Recall that the emergency law of March 23, 2020 to deal with the covid-19 epidemic and the decree of March 23, 2020, set the exit conditions derogatory to confinement:

1 ° Journeys between the domicile and the place or places of exercise of the professional activity and professional journeys which cannot be postponed;

2 ° Travel to make purchases of supplies necessary for the professional activity and purchases of basic necessities in establishments whose activities remain authorized by article 8 of this decree;

3 ° Travel for health reasons with the exception of consultations and care that can be provided remotely and, except for patients with a long-term condition, those who can be deferred;

4 ° Travel for imperative family reasons, for the assistance of vulnerable people and for childcare;

5 ° Brief trips, within the limit of one hour daily and within a maximum radius of one kilometer around the home, linked either to the individual physical activity of the people, to the exclusion of any collective sports practice and any proximity with other people, either on a walk with the only people gathered in the same home, or with the needs of pets;

6 ° Travel resulting from an obligation to present to the national police or gendarmerie services or to any other service or professional, imposed by the administrative police authority or the judicial authority;

7 ° Travel resulting from a summons from an administrative court or the judicial authority;

8 ° Travel for the sole purpose of participating in missions of general interest at the request of the administrative authority and under the conditions it specifies.

Finally, note that the user who is fined more than three times within thirty days incurs six months' imprisonment and a fine of 3,750 euros, as well as additional work for community service, and additional work suspension, for a maximum of three years, of the driver's license when the offense has been committed using a vehicle.

However, these criminal proceedings seem very fragile if the initial offenses have been challenged by the offender. The courts will obviously have to decide on the legality of this new device.

Source: lefigaro

All news articles on 2020-04-01

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