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Contraventions


In many civil law countries (e.g.: France, Belgium, Switzerland, Portugal, Italy, Brazil) a contravention is a non-criminal offense, similar to an infraction or civil penalty in common law countries.

Contravention is, in French law, an act which violates the law, a treaty or an agreement which the party has made. It designates a minor infraction, as opposed to a delict or misdemeanor, or a crime. Any infraction of a law or regulation enforced by the agents of the State executive, that is not punishable by more than a €3000 fine for a person, is considered as a contravention. The fine may also be accompanied by an additional sentence (peine complémentaire).

Contraventions and their penalties are determined by the executive organs of the French State, unlike délits and crimes which are determined by the legislative organs (Parliament Senate), as per Article 34 of the French Constitution of 1958.
The executive organs include:

As previously stated the maximum fine for an individual is €3000, and the maximum for a corporation or collectivity is €45,000.

The additional penalties are defined in the Article 131-10 of the Code Pénal. They include:

The penalties are determined by the legislative organs: Assemblée Nationale and Sénat, or the government in the cases defined in article 49-3 of the Constitution (attribution of certain legislative rights to the government, in particular cases). There are 5 classes of contraventions, each having a progressively higher maximum fine.



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