ARTICLE 131-18
Where a petty offence is punishable by one or more of the additional penalties referred to under articles 131-16 and
131-17, the court may decide to impose only the additional penalty, or one or more of the additional penalties.
Subsection 5
The contents and modes of implementation of certain penalties
Articles 131-19 to
131-35-1
ARTICLE 131-19
Prohibition to draw cheques entails for the convicted person the mandatory obligation to return all the forms in his
possession or in the possession of his agents to the banker who issued them.
Where this prohibition is incurred as an additional penalty for a felony or misdemeanour, it may not exceed five
years.
ARTICLE 131-20
The prohibition to use payment cards entails for the convicted person the mandatory obligation to return the cards in
his possession or in the possession of his agents to the banker who issued them.
Where this prohibition is incurred as an additional penalty for a felony or misdemeanour, it may not exceed five
years.
ARTICLE 131-21
(Act no. 92-1336 of 16 December 1992 Articles 342, 343 and 373 Official Journal of 23 December 1992 into force 1
March 1994)
(Act no. 2003-495 of 12 June 2003 art. 6 II Official Journal of 13 June 2003)
(Act no. 2004-204 of 9 March 2004 article 60 II Official Journal of 10 March 2004)
Confiscation is mandatory for the articles defined as dangerous or noxious by statute or by regulations.
Confiscation affects the thing which was used or intended for the commission of the offence or of the thing which is
its product, except for articles subject to restitution. It may also relate to any movable property defined by the statutes or
the regulations sanctioning the offence.
The subject-matter of an offence is treated as a thing used for the commission of the offence or the product of an
offence in the sense of paragraph two above.
Where the thing confiscated has not been seized or cannot be produced, confiscation in value is imposed. For the
recovery of the sum representing the value of the thing confiscated, the provisions governing judicial enforcement of
public debts apply.
The thing confiscated devolves to the State, except where a specific provision prescribes its destruction or its
attribution, but remains encumbered up to its full value with any proprietary right lawfully created in favour of third
parties.
Where the thing confiscated is a vehicle that has not been seized or impounded during the investigation, the
offender must, on the orders of the public prosecutor, hand over the vehicle to the department or organisation
responsible for destroying or disposing of it.
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