Additional penalties in criminal matters - Offense

Verified 14 mars 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

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For offenses, the correctional court imposes a main sentence (e.g. imprisonment, fine, community service).

Additional penalties may add to the principal sanction.

In some cases, the court may decide to replace the main penalty with a supplementary penalty.

Additional penalties are closely related to the type of offense clerk (example: license revocation applies to the author of a speedingbut not for a theft). These penalties are divided according to their purpose.

Please note

In principle, additional penalties are optional in criminal matters. However, in some cases the correctional court is obliged to impose a specific additional penalty (for example, photographing a person at home and without his consent is always punishable by confiscation of the object used to commit the act).

Withdrawal of a right

Some additional penalties are intended to deprive the convicted person of a right. These include:

  • Withdrawal of civil, civil and family rights. This withdrawal entails, in particular, ineligibility, loss of the right to vote and the right to be guardian. The prohibition may last for a maximum of 5 years for an offense.
  • Withdrawal of parental authority, in the case of an offense committed by a parent on his child
  • Prohibition on issuing checks for up to 5 years
  • Suspension of driving license for up to 5 years
  • Permanent withdrawal of the driving license with a ban on ironing it for up to 5 years
  • Prohibition on holding a weapon for up to 5 years
  • Definitive or up to 5-year ban on keeping an animal, the prohibition may be limited to dogs deemed dangerous
  • Prohibition to travel to certain places for a maximum of 5 years
  • Inadmissibility for foreigners, including nationals of European Union countries, definitive or up to 10 years. This prohibition applies immediately upon release from prison.

Confiscation of property or animal

Some additional penalties are intended to deprive the perpetrator of an offense of the right to benefit from a property or an animal:

  • Confiscation of a weapon
  • Confiscation of the object (e.g. vehicle) or animal (e.g. attack dog) that was used to commit the offense

Obligation to complete an internship

Some additional penalties are intended to oblige the offender to undertake training. The main courses are:

  • Road Safety Awareness Course
  • Internship for the prevention and control of domestic violence and sexist
  • Internship in parental responsibility
  • Drug Hazard Awareness Course

Injunction to care

The correctional court may issue a care order against the perpetrator of an offense for which a social and judicial follow-up is incurred (example: the judge may order socio-judicial follow-up against the perpetrators ofsexual assault). The convicted person must also be able to receive medical treatment.

If the sentence is imposed, the court orders the convicted person to undergo medical procedures to improve his or her health.

Occupational Restrictions

There are additional penalties to prevent the convicted person from engaging in certain professional activities. The ban can be imposed for a limited period (maximum 5 years) or permanently. The most common additional penalties of occupational restriction are:

  • Prohibition of the practice of a certain profession in the public or private sector, if the offense was committed in that context
  • Prohibition of working with minors, in the case of of sexual offense
  • Closure of a business or company
  • Prohibition of managing a company

View Decision

The court issuing the additional sentence may decide that its decision be posted in certain locations (e.g. the company of the sentenced person) or that it be broadcast in certain media.

Posting or broadcasting shall be at the expense of the convicted person. The decision so posted or circulated does not include the name of the victim, unless the victim agrees.

The perpetrator of an offense which does not comply with the additional sentence imposed on him is subject to new sanctions. They differ depending on the role of the complementary penalty.

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The additional penalty is in addition to the main penalty

In criminal matters, the new penalty depends on the purpose of the additional penalty imposed at the initial trial.

For example, at the trial the author was sentenced to the posting of the decision. If he does not respect this sentence he faces six months imprisonment and €7,500 of fine.

The supplementary sentence replaces the principal sentence

The penalty for non-compliance with the additional penalty shall be fixed at the initial trial. This penalty may not exceed the main penalty for the offense committed, nor the penalty of two years' imprisonment and €30,000 of fine.

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