6. Frequently asked questions

Does the settlement procedure comply with the principles of the Declaration of Human Rights?

"Yes", replied the Constitutional Council in decision no. 2014-416 of September 24, 2014.

According to France Nature Environnement, the penal transaction system fails to respect the right to a fair trial in that it does not stipulate that the proposed transaction must specify the nature of the facts and their legal classification, and that the offence report and the opinions of the competent authorities during the investigation must be communicated to the offender.

However, according to the French Constitutional Council, the provisions governing penal settlements provide for a procedure that presupposes the free and unequivocal agreement of the offender, with the possible assistance of his or her lawyer. In addition, the...