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Contravention
Contravention
Contravention
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In civil law, a contravention is a lesser offense, similar to an infraction or civil penalty in common law countries.

France

[edit]
Main article: Contravention in French criminal law
Look up contravention in Wiktionary, the free dictionary.

In French criminal law, a contravention is the least serious among three categories of offenses. It includes non-criminal offenses, such as parking tickets, trespassing, minor violence, or destruction of property. The penalty is a fine stipulated by regulation, sometimes augmented with a supplementary penalty such as a remedial driving workshop.[1][2]

Brazil

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Further information: Glossary of Brazil investigative terms

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 criminal law has a dual system which separates penal infractions in two main different acts. They are the Brazilian Penal Code (Código Penal), describing crimes in general, and the Penal Contraventions Act [pt], 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 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, one who is already convicted for a crime is not considered to be recidivist when committing a contravention for the first time, and vice versa.

See also

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References

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Works cited

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  • Jean, Jean-Paul (2010). Le système pénal [The penal system]. Repères (in French). La Decouverte. ISBN 978-2-7071-5414-9. OCLC 758870056.
  • French Ministry of Justice (16 December 2016). "La justice pénale en France" [Criminal justice in France]. Ministère de la Justice (in French). Retrieved 3 January 2023.
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Contravention

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from Grokipedia
Contravention is the act of violating, opposing, or acting against a , rule, , agreement, or established norm. This term encompasses any action or omission that breaches legal or contractual obligations, often resulting in penalties such as fines. In everyday usage, it denotes opposition or conflict with prescribed standards, but it holds particular significance in legal frameworks where non-compliance can lead to actions. The word "contravention" originates from contrāventio, derived from contrāvenīre meaning "to come against" or "to oppose," combining contra- (against) and venīre (to come). It entered English in the late , around 1579, initially in translations and legal texts to describe acts of transgression. Over time, its application has solidified in formal and professional contexts, emphasizing deliberate or inadvertent breaches rather than intentional crimes. In civil law systems, such as , a contravention represents the least severe category of offenses or violations, distinct from délits (misdemeanors) and crimes (felonies). These are typically punished by fines ranging from €38 to €1,500, depending on the class (1st to 5th), without , and include minor infractions like violations or petty disturbances. In Moldova, contraventions, previously known as administrative offenses in Soviet Moldova, are minor offenses under the Contravention Code No. 218-XVI, punished primarily by fines, similar to other civil law systems. This concept of contravention as non-criminal administrative violations extends to other post-Soviet states, including Russia, Ukraine, Belarus, Kazakhstan, Georgia, and Armenia, where such offenses are regulated by their respective codes of administrative offenses and typically punished by fines for minor infractions. Similarly, in , the Contraventions Act (1992) establishes a ticketing system for designated minor offenses, excluding indictable crimes, to streamline prosecution through fines up to the limits set by the relevant enactment. In jurisdictions, the term is used more broadly to describe violations without denoting a specific offense class, akin to infractions.

Overview

Definition

The term contravention derives from the late 16th-century French contravention, rooted in contraventionem, a of action from contravenire, meaning "to come against, oppose," or specifically "to transgress or break a ," composed of contra ("against") and venire ("to come"). In civil law systems, a contravention constitutes a minor penal infraction or violation of statutory , a , or a contractual agreement, distinguished from more serious offenses by its lack of to cause and by penalties limited primarily to fines rather than . This category encompasses acts that breach legal or administrative norms without rising to the level of criminal , often adjudicated summarily in lower courts. Common examples of contraventions include parking violations, minor traffic infractions such as speeding or failing to yield, and petty administrative breaches like improper waste disposal or noise disturbances in public spaces. These offenses are typically resolved through fixed monetary penalties, emphasizing administrative efficiency over prolonged judicial proceedings. The concept of contravention as a distinct class of minor offenses emerged within the civil law tradition.

Classification in Civil Law Systems

In civil law systems, contraventions represent the least serious category of offenses within the tripartite hierarchy of penal infractions, positioned below délits (misdemeanors) and crimes (felonies). This classification emphasizes their minor nature, distinguishing them from offenses that involve significant harm or culpability, and reflects the Romanist tradition of graduated penalties based on severity. Typical penalties for contraventions are limited to monetary fines or administrative sanctions such as suspensions. In most cases, convictions do not result in a public , as they are recorded only in restricted bulletins accessible to specific authorities rather than the general public or employers. Many civil law jurisdictions, such as , further subdivide contraventions into five classes ordered by increasing severity, from the 1st class (minor administrative violations with fines up to €38) to the 5th class (more serious infractions with fines up to €1,500, or €3,000 in cases of ). Similar classifications exist in other systems, such as Brazil's contravenções penais and Italy's administrative violations, though penalty structures vary. Procedurally, these offenses are adjudicated in specialized police courts or by administrative bodies, often through simplified mechanisms like fixed-fine procedures or on-the-spot citations, bypassing the formalities of full criminal trials.

Applications in Key Jurisdictions

France

In , contraventions represent the least serious category of criminal offenses, punishable exclusively by fines and ancillary sanctions without the possibility of for the offense itself. They are governed by Articles 131-13 to 131-15 of the , which classify these infractions based on their severity and prescribe corresponding penalties. Article 131-13 defines contraventions as offenses subject to a fine not exceeding €3,000 and delineates five classes with escalating maximum fines: €38 for , €150 for the second, €450 for the third, €750 for the fourth, and €1,500 for the fifth (doubled to €3,000 in cases of where permitted by regulation). These fines apply to a wide range of minor disruptions to public order, emphasizing administrative efficiency over punitive detention. For fifth-class contraventions, Article 131-14 authorizes additional non-custodial penalties to enhance deterrence, such as suspension of a driver's license for up to one year, vehicle immobilization for up to six months, confiscation of involved items like weapons, or temporary restrictions on financial instruments or permits. Article 131-15 further allows courts to impose complementary penalties such as extended license suspensions up to three years, bans on weapon possession, or community service of 20 to 120 hours. Additionally, for fifth-class contraventions, Article 131-8-1 allows courts to impose a sanction-réparation (up to €1,500) as an alternative or complement to the fine, aimed at compensating victims. This framework prioritizes restorative and preventive outcomes, reflecting contraventions' role in maintaining social harmony without escalating to misdemeanor-level proceedings. Common examples of contraventions illustrate their focus on everyday infractions. Noise disturbances, such as excessive or nocturnal sounds exceeding ambient levels, fall under third-class penalties with fines up to €450, often addressed through local ordinances to protect neighborhood tranquility. Minor , specifically valued at €300 or less, qualifies as a fifth-class contravention punishable by a fine up to €1,500, distinguishing it from more serious property crimes. Unauthorized street vending, including unlicensed sales or hawking without permits, is typically a fourth- or fifth-class offense, subject to fines up to €750 or €1,500 respectively, plus potential of goods to regulate public spaces. Enforcement of contraventions begins with the issuance of a procès-verbal (official report) by authorized agents, such as police officers or municipal agents, who document the infraction on-site using electronic or paper forms. This initiates a streamlined procedure, often resolved via fixed fines (amende forfaitaire) for classes one through four, with payment options online or by mail; non-payment escalates to majorized fines. Fifth-class cases may proceed directly to . Appeals against fines or decisions are lodged with the tribunal de police, a specialized court within the judicial system that adjudicates contraventions for adults, ensuring a single judge or panel reviews evidence and imposes final sanctions within strict timelines.

Brazil

In Brazil, contravenções penais are regulated by Decree-Law No. 3,688 of October 3, 1941, commonly known as the Lei das Contravenções Penais, which establishes a framework for addressing minor offenses distinct from more serious crimes under the Penal Code. These contravenções are defined as infractions of lesser potential harm that disrupt public order, good customs, health, or safety, applying general rules from the Penal Code unless the law specifies otherwise; they are not classified as crimes and thus carry lighter consequences. Representative examples include , defined as habitual by capable individuals without legitimate means of subsistence or engaging in illicit activities (Article 59); public drunkenness that causes scandal or risks safety (Article 62); unauthorized through games of chance in public places (Article 50); and (Article 64). Penalties emphasize proportionality and brevity, consisting primarily of simple (prisão simples) ranging from 5 days to 6 months depending on the offense, fines calibrated to the offense's severity (updated from historical values to modern reais in practice), or verbal warnings for minor cases; exceeding 5 days requires judicial justification to prevent abuse. The Supreme Federal Court (STF) has ruled in cases such as 2011 (recognizing same-sex stable unions) and 2019 (criminalizing homophobia as racism) to advance equality, effectively decriminalizing public displays of affection between same-sex couples by ruling that such acts do not constitute public scandal or indecency under contravenções. Certain contravenções, like vagrancy (Art. 59), face ongoing constitutional challenges for violating human dignity, with STF deliberations continuing as of 2025.

Italy

In the Italian legal system, contraventions, referred to as contravvenzioni, constitute administrative offenses distinct from penal crimes outlined in the Penal Code. They are primarily regulated under (Codice della Strada, Legislative Decree No. 285 of April 30, 1992) for traffic violations, and by regional administrative laws as well as the Consolidated Environmental Law (Testo Unico Ambientale, Legislative Decree No. 152 of April 3, 2006) for environmental non-compliance and infractions. These offenses encompass breaches such as speeding, unauthorized , improper disposal, or unpermitted alterations, emphasizing without imposing criminal liability or stigma. Penalties for traffic-related contraventions typically involve pecuniary fines ranging from €41 for minor infractions to €3,255 for severe violations, supplemented by a demerit points system under Article 126-bis of , which deducts points from a driver's initial 20-point allocation. Environmental and urban contraventions carry similar administrative sanctions, including fines and mandatory restoration measures, calibrated to the infraction's severity and lacking . This framework prioritizes deterrence and remediation over punitive criminal measures. Enforcement is primarily executed by (Polizia Locale), who conduct on-site verifications, issue verbal notices (verbali), and utilize technologies like speed cameras for automated detection. Affected parties may appeal contraventions to the (giudice di pace) within 60 days of notification, potentially leading to fine reductions or annulments if procedural errors are proven. A prominent example involves breaches of Limited Traffic Zones (Zone a Traffico Limitato, or ZTL) in urban centers such as and , where unauthorized vehicle entry—often captured by surveillance cameras—incurs fines of €80 to €300, aimed at preserving historical areas from congestion.

Comparative Aspects

Differences from Common Law Infractions

In jurisdictions, the equivalents to contraventions in civil law systems are primarily civil infractions in the and fixed penalty notices in the , both addressing minor regulatory violations such as tickets and parking offenses without typically involving . These mechanisms aim to enforce compliance through fines and administrative sanctions, similar to how contraventions function in civil law contexts. A fundamental difference concerns the legal nature of these offenses. Contraventions in civil law systems, such as those classified under French law, are treated as non-criminal infractions that do not necessitate proof of (criminal intent) and do not result in a , positioning them outside the core framework. In the United States, civil infractions mirror this non-criminal status, defined as violations not amounting to crimes and punishable solely by monetary penalties. However, in the , fixed penalty notices apply to summary offenses that are inherently criminal, though payment of the penalty serves as an out-of-court disposal that avoids a formal unless the matter escalates to prosecution. Procedural handling also varies significantly. In civil law systems, contraventions are predominantly managed through administrative processes, with automated notices issued by specialized agencies and limited judicial involvement unless appealed to prosecutorial authorities or police tribunals. Common law systems, by contrast, often route contested infractions or penalties through magistrates' courts or equivalent lower tribunals, embedding them within a more adversarial and potentially criminal judicial structure, though initial resolution can be administrative via payment. For example, a fourth-class contravention in for a results in a fixed fine processed by the Agence Nationale de Traitement Automatisé des Infractions (ANTAI), with appeals submitted to the officier du ministère public rather than a general , prioritizing efficiency and minimal judicial burden. In comparison, a U.S. parking infraction typically involves a civil citation payable to municipal authorities, contestable in a dedicated or municipal without criminal implications. A fixed penalty notice for similar issues follows an administrative payment option but risks referral to for criminal proceedings if unpaid or disputed.

International Variations

In , minor offenses known as "infractions" or "contraventions" are primarily regulated under police regulations and handled by the police tribunal, which serves as the lowest for such matters. These include everyday violations like unauthorized or failure to wear a , classified as first-degree infractions with relatively low penalties. For more serious cases, such as repeat traffic offenses, fines can range from €80 to €2,000, potentially accompanied by driving disqualifications of up to five years. Municipal administrative sanctions also apply to certain first- and second-degree offenses, including minor speeding, allowing immediate fines without court involvement. Switzerland's contravention framework exhibits significant cantonal variations, reflecting its federal structure, where individual cantons manage local minor offenses through their own regulations. At the federal level, contraventions related to and are addressed under specific acts like the , treating unauthorized entry or stay as punishable offenses. Penalties for these federal contraventions typically involve fines or short-term detention, with conditions varying widely by canton—some facilities impose stricter measures for at-risk groups. For instance, intentional breaches of related federal regulations, such as sanctions tied to immigration controls, can result in fines up to CHF 100,000. In , administrative infractions (known as contraordenações), such as those under the General Regime of Tax Infractions (Regime Geral das Infrações Tributárias, or RGIT), govern non-compliance in areas like ation. Examples such as failure to file returns or late payments are treated as administrative offenses rather than criminal ones, with fines scaled according to severity—for negligence, penalties are capped at €45,000, while intentional violations can reach €165,000 for companies. These measures emphasize proportionate responses, often allowing for fine waivers or reductions if addressed promptly through administrative appeals. Romania's approach to contraventions is outlined in Government Ordinance No. 2/2001 on the legal regime of contraventions, which establishes them as distinct from criminal offenses and focuses on sanctions for order disruptions, such as noise violations or minor environmental breaches. This ordinance, approved with amendments by Law 180/2002, divides sanctions into warnings and fines, with the latter ranging based on the offense's gravity and applicable only after verifying the offender's identity. With the of the new in 2014, certain minor acts were shifted from criminal to administrative contravention status, aligning with broader efforts to reduce judicial overload by decriminalizing low-harm behaviors. Across member states with civil law traditions, a notable trend since the 2000s has been the increasing of minor offenses, shifting them toward administrative handling to promote efficiency and proportionality. This includes examples like Portugal's 2001 drug decriminalization, which replaced criminal penalties with administrative fines for personal use, and similar moves in for possession in 2003. Such reforms emphasize fines over imprisonment for low-level contraventions, reducing prison populations while maintaining public order through targeted sanctions.

References

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