Enacted parts

ARTICLE 132-34
Ordinary suspension is applicable to natural persons for the penalties entailing forfeiture or restriction of rights
enumerated under article 131-14 other than confiscation, for the additional penalties enumerated under 1°, 2° and 4° of
article 131-16, as well as for the additional penalty set out by the first paragraph of article 131-17. It is also applicable to
fines imposed for petty offences of the fifth class.
Ordinary suspension is applicable to legal persons for prohibition to draw cheques or to use payment cards under
articles 131-42 and 131-43. It is also applicable to fines imposed for petty offences of the fifth class.
Paragraph 2
Consequences of ordinary suspension
Articles 132-35 to
132-39
ARTICLE 132-35
A sentence imposed for felony or a misdemeanour which has been suspended is deemed non-existent where the
convicted person who has benefited from a suspension has not within a period of five years of that sentence committed
any ordinary felony or misdemeanour leading to an immediate sentence entailing the revocation of the suspension.
ARTICLE 132-36
Any new custodial sentence revokes the suspension granted previously, irrespective of the nature of the initial
sentence.
Any new sentence imposed upon a natural or legal person other than a custodial sentence revokes the suspension
granted previously for another sentence other than a custodial sentence.
ARTICLE 132-37
A for a petty offence that was imposed and suspended is deemed non-existent where the convicted person who has
benefited from such a suspension does not within a period of two years commit a fifth-class petty offence leading to a
new immediate sentence entailing revocation pursuant to the conditions set out under article 132-36.
ARTICLE 132-38
Where an ordinary suspension is revoked, the first penalty is served without being allowed to run concurrently with
the second.
However, the court may pronounce by a special and reasoned decision that the sentence it imposes does not
revoke the suspended sentence previously granted, or that it only revokes the suspension in part and for the length of
time specified. It may also restrict the scope of the revocation exemption to one or more of the suspended sentences
previously granted.
Updated 12/10/2005 - Page 19/132

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PENAL CODE