Contravention
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In many
France
A contravention in French criminal law is a minor infraction, as opposed to a délit which is more serious, or a crime which is the most serious. 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 is considered a contravention. The fine may also be accompanied by an additional sentence (peine complémentaire).
Competence
Contraventions and their penalties are determined by the executive organs of the French State, unlike délits and
The executive organs include:
- The President of the Republic
- The government (Cabinet)
- The local government (prefects of regions and departments)
- The department and region Councils
- The police prefect of Paris
- The town Council and Mayor
Penalties
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 Penal Code. They include:
- Prohibitions (e.g. prohibition of residency in the country (for foreign individuals only), prohibition of civil and family rights)
- French nationality- extremely rare)
- Incapacity(e.g. prohibition to take action on one's own property)
- Retraction of a right (e.g. confiscation of driving licence)
- medical treatmenthas been followed)
- Obligation of action (e.g. obligation to reimbursethe victims)
- Immobilisation or confiscation of an object (e.g. confiscation of drugsetc.)
- Confiscation of an animal (previously considered as objects)
- Closure of an establishment
- Obligation to court decisionpublicly, and since the law n°2004-575 in date of June 21, 2004 obligation to communication the decision to the public by electronic means (internet).
The penalties are determined by the legislative organs:
Classification of the contraventions | Seriousness of the offense. |
---|---|
1st class | Non public slander and insult
|
2nd class | Involuntary attack on a person's physical integrity having caused no work incapacity (Incapacité temporaire de travail , ITT) |
3rd class | Threats of violence |
4th class | Light violence |
5th class | Willful violence having caused an incapacity to work shorter or equal to eight days. |
Brazil
In Brazil, contravention is a sort of penal infraction — not only an administrative offense - which is considered to be less serious than a crime.
Since 1941,
Contraventions are punished less severely than crimes in Brazilian Law. While crimes may be punished to reclusão (reclusion) or detenção (detention), the only kind of possible imprisonment for contraventions is prisão simples (simple prison), which is never served under closed conditions (only open and semi-closed conditions may be applied). Fines may also be imposed due to contravention sentencing.
In Brazilian Law System, one who is already convicted for a crime is not considered to be recidivist when committing a contravention for the first time, and vice versa.
See also
- Comminatory
- Infraction
- Regulatory offences
- Police Tribunal (France)
- Misdemeanors in France
- Délit civil