Enacted parts

ARTICLE 132-69
At the adjourned hearing the court may either exempt the guilty party from any penalty or impose the penalties set
out under the statute or regulation, when the prescriptions enumerated by the injunction have been executed within the
period determined
Where the prescriptions have been executed belatedly, the court calculates if need be the amount of the coercive
fine and imposes the penalties set out under the law or regulation.
Where the prescriptions were not observed, the court calculates if need be the amount of the coercive fine, imposes
the penalties and may in addition order the execution of these prescriptions to be prosecuted at the convicted person's
expense pursuant to the conditions laid down by the law or regulation.
Unless otherwise provided, the decision on the penalty is made no later than one year after the first deferment
decision.
ARTICLE 132-70
(Act no. 2004-204 of 9 March 2004 article 177 I, article 198 V; Official Journal of 10 March 2004, in force 1 January
2005)
The rate of the coercive fine determined by the deferment decision may not be modified.
For the calculation of the coercive fine, the court considers the absence of execution or of the delay in execution of
the prescriptions and takes into account the occurrence of events, if any, not attributable to the delinquent.
A coercive fine does is not enforceable by means of the provisions governing judicial enforcement of public debts.
SECTION III
DEFINITION OF CERTAIN CIRCUMSTANCES ENTAILING THE
AGGRAVATION OF PENALTIES
Articles 132-71 to
132-77
ARTICLE 132-71
An organised gang within the meaning of the law is any group formed or association established with a view to the
preparation of one or more criminal offences, preparation marked by one or more material actions.
ARTICLE 132-72
Premeditation is the intention formed before an act to commit a given felony or misdemeanour.