Criminal Justice: what are the alternatives to a trial?

The probative criminal warning, formerly called reminder to the law, shall take the form of a warning interview followed by a period of testing.

The perpetrator may be referred to a health, social or professional structure for the completion of an internship. This measure is intended for him raise awareness of its responsibility and its homework.

It may take the form of one of the following courses:

• Citizenship internship (reminder of republican values and citizen duties)
• Awareness-raising course on the dangers of drug use
• Road Safety Awareness Course (in case of offense while driving a vehicle)
• Accountability course for preventing and combating domestic and gender-based violence
• Awareness-raising course on combating the purchase of sexual services (as part of the fight against prostitution)
• Parental responsibility internship (reminder to parents of their rights and duties)
• Anti-sexism and gender awareness training course
• Awareness-raising course on respect for the digital space and the prevention of offenses committed online (cyberharassment...).)

This internship must be paid by the perpetrator.

The minor perpetrator may be referred for a civic training course or consultation with a psychiatrist or psychologist. The civic training course may include a specific component to raise awareness of the risks related to school bullying.

The public prosecutor may give the perpetrator the opportunity to comply with the law or a regulation.

For example, the perpetrator can regularize his situation in the following ways:

• Obtain a building permit not requested before the completion of the works
• Divest to the State the thing that allowed the offense or the thing that is the result of the offense (prohibited fishing equipment or drone used in a prohibited area...).) The public prosecutor may order the surrender of a legal person non-profit.
• Bringing a vehicle into compliance with the law (e.g. roadworthiness testing)
• Pay child support that was no longer paid.

The perpetrator must bring the evidence that he regularized his situation by presenting the necessary document (building permit accepted, invoice paid for bringing the vehicle into conformity...).) The success of the measure allows the perpetrator to escape prosecution.

The prosecutor may ask the perpetrator to make reparation for the damage caused to the victim. The repair may, for example, consist of compensation or in it reconditioning degraded property.

Reparation may also consist of repayment emergency assistance for victims of domestic violence.

The victim may also request reimbursement of the costs incurred for the restoration of the premises or of an object degraded by the perpetrator.

It shall be informed of proposals for redress.

She can take them accept or the refuse.

If the damage concerns the property of a municipality, the public prosecutor may ask the perpetrator to respond to a summons from the mayor. This summons allows the perpetrator to conclude a transaction with the mayor.

This measure allows to distance the perpetrator from the facts the place of the offense and the victim.

The prosecutor may prohibit to the perpetrator to go to one or more specific places in which the offense was committed (a bar, a market, a gym...).)

It may also prohibit the perpetrator from traveling to the location of the victim.

The measure is decided for a period of 6 months maximum.

At the request of the victim, in the event of domestic or family violence which may be repeated, the prosecutor may prohibit the perpetrator from approach and reside at the family home. This measure is decided for a maximum of 6 months. The measure may be accompanied by health, social or psychological care for the perpetrator.

The public prosecutor may ask the perpetrator to not to meet or enter into a relationship with the following:

• Victim
• Accomplice
• Co-author.

The prohibition is maximum duration of 6 months.

At the request or with the consent of the victim, the prosecutor may order a measure of criminal mediation.

This measure aims to resolve the dispute amicably

If successful, a minutes of agreement is signed between criminal ombudsman, the victim and the perpetrator.

In the event of failure or non-execution, the public prosecutor may decide to prosecute the perpetrator by implementing a penal composition or do it judge.

The public prosecutor may ask the perpetrator to pay a citizen contribution with a victims' aid association. This citizen's contribution is a sum of money intended to support victims' aid associations.

The amount of this contribution shall be determined by the prosecutor in depending on the seriousness of the facts, the resources and the burdens of the perpetrator.

The maximum amount is €3,000.

The penal composition is a alternative procedure to prosecution.

It may be proposed by the public prosecutor for certain offenses (drug use, drunk driving) and related contraventions arising out of the same facts.

This procedure is addressed to the natural person (major or minor of at least 13 years) or legal personwho acknowledges his guilt.

If the victim is identified in the proceedings, the public prosecutor must ask the author to compensate him within less than 6 months.

The victim who has not compensated its damage in the course of the proceedings, retains its rights. It may submit a request to the prosecutor for direct quote to get repair.