In many

civil law Civil law may refer to: * Civil law (common law), the part of law that concerns private citizens and legal persons * Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law ** Private la ...

countries (e.g.: France, Belgium,

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

, Portugal, Italy, Brazil) a contravention is a non-criminal offense, similar to an

infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...

or civil penalty in common law countries.

France

Contravention is, in French law, an act which violates the law, a treaty or an agreement which the party has made. It designates a minor infraction, as opposed to a '' délit'' or misdemeanor, or a '' crime'' (felony). Any infraction of a law or regulation enforced by the agents of the State executive, that is not punishable by more than a €3000 fine for a person, is considered as a contravention. The fine may also be accompanied by an additional sentence (peine complémentaire).

Competence

Contraventions and their penalties are determined by the executive organs of the French State, unlike délits and crimes which are determined by the legislative organs (Parliament Senate), as per Article 34 of the French Constitution of 1958.
The executive organs include: *The President of the Republic *The government (Cabinet) *The local government (prefects of regions and departments) *The department and region Councils *The police prefect of Paris *The town Council and Mayor

Penalties

As previously stated the maximum fine for an individual is €3000, and the maximum for a corporation or collectivity is €45,000. The additional penalties are defined in the Article 131-10 of the Code Pénal. They include: * Prohibitions (e.g. prohibition of residency in the country (for foreign individuals only), prohibition of civil and family rights) * Forfeitures (e.g. loss of the French nationality - extremely rare) * Incapacity (e.g. prohibition to take action on one's own property) * Retraction of a right (e.g. confiscation of driving licence) * Obligation to seek treatment (e.g. obligation to prove a

medical treatment A therapy or medical treatment (often abbreviated tx, Tx, or Tx) is the attempted remediation of a health problem, usually following a medical diagnosis. As a rule, each therapy has indications and contraindications. There are many different ...

has been followed) * Obligation of action (e.g. obligation to reimburse the victims) * Immobilisation or confiscation of an object (e.g. confiscation of weapons or

drugs A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalat ...

etc.) * Confiscation of an animal (previously considered as objects) * Closure of an establishment * Obligation to

publish Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...

the

court decision In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular ...

publicly, and since the law n°2004-575 in date of June 21, 2004 obligation to communication the decision to the public by electronic means (internet). The penalties are determined by the legislative organs: Assemblée Nationale and Sénat, or the government in the cases defined in article 49-3 of the Constitution (attribution of certain legislative rights to the government, in particular cases). There are 5 classes of contraventions, each having a progressively higher maximum fine.

Brazil

In Brazil, contravention is a sort of penal infraction — not only an administrative offense - which is considered to be less serious than a crime. Since 1941, Brazilian Law has a dual system which separates penal infractions in two main different acts. They are the Código Penal ( Brazilian Penal Code) — describing crimes in general — and the Lei de Contravenções Penais (Penal Contraventions Act) — describing the contraventions. Contraventions are punished less severely than crimes in Brazilian Law. While crimes may be punished to ''reclusão'' (reclusion) or ''detenção'' (detention), the only kind of possible

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

for contraventions is ''prisão simples'' (simple prison), which is never served under closed conditions (only open and semi-closed conditions may be applied). Fines may also be imposed due to contravention sentencing. In Brazilian Law System, one who is already convicted for a crime is not considered to be

recidivist Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...

when committing a contravention for the first time, and vice versa.

France

Competence

Penalties

Brazil

See also