Country
France
Sources
InforMEA
Tagging
Administrative, Criminal
Abstract

The Conseil d’Etat is asked to cancel article 6 of the governmental ordinance n°2005-805 of 18th July 2005 on the simplification, harmonization and adaptation of powers to protect waters, fishery, and dumping of wastes. This article sets a procedure of plea-agreement for infringement in theses areas.

The basis for plea agreement is the criminal procedure code (article 6 Criminal Procedure Code). It affects the division of powers and the rules of law. The legislator or the government through order must,  when it creates a new procedure of plea agreement, define the rules to ensure compliance. Amongst these rules, there is the scope of the agreement, the definition of the competent authority able to bargain, the nature of the measures and the conditions for public prosecutor approval when public prosecutor did not initiate prosecutions, or a judge if public prosecutor initiate prosecutions.

However, article 6 did not exclude the opportunity to bargain in the hypothesis of public prosecutions, and did not define the conditions according to which it was possible to bargain. Consequently, article L.216-14 of the Environmental Code is cancelled.  
The Conseil d’Etat is asked to cancel article 6 of the governmental ordinance n°2005-805 of 18th July 2005 on the simplification, harmonization and adaptation of powers to protect waters, fishery, and dumping of wastes. This article sets a procedure of plea-agreement for infringement in theses areas.

The basis for plea agreement is the criminal procedure code (article 6 Criminal Procedure Code). It affects the division of powers and the rules of law. The legislator or the government through order must,  when it creates a new procedure of plea agreement, define the rules to ensure compliance. Amongst these rules, there is the scope of the agreement, the definition of the competent authority able to bargain, the nature of the measures and the conditions for public prosecutor approval when public prosecutor did not initiate prosecutions, or a judge if public prosecutor initiate prosecutions.

However, article 6 did not exclude the opportunity to bargain in the hypothesis of public prosecutions, and did not define the conditions according to which it was possible to bargain. Consequently, article L.216-14 of the Environmental Code is cancelled.