Directive of the Attorney General on Simplified Complaints to the Service of Justice, of December 17, 2019 - Procedure Regarding Summary Fines

**1. When an offense mentioned in the ordinance on fixed penalties has been recorded in accordance with the law and the fixed penalty has not been paid within the reflection period, it is reported to the service designated by the Council of State (hereinafter: the service), which issues a penal order on behalf of the Public Prosecutor's Office.**

**2. Before issuing a penal order, the service sends a reminder to the offender.**

**3. If the offender has expressly contested the offense, the file is forwarded to the Public Prosecutor's Office for appropriate action.**

1. When an infraction mentioned in this directive is identified by a law enforcement officer or by a public official affiliated with a service listed in Appendix 2, it is reported in the form of a simplified report to the service that issues a penalty order in the name of the Public Prosecutor.

2. The simplified report contains at least the following elements

- the code of the infraction according to Appendix I.

3. If the defendant has expressly contested the infraction, the file is forwarded to the Public Prosecutor for further action.

When the procedure provided by the law on order fines is not applicable, either because the cumulative amount of fines exceeds the maximum stipulated in Article 5, paragraph 2 of the LAO, or because the offense has not been directly observed by a competent authority as defined in Article 2 of the LAO, the simplified reporting procedure is applicable.

1. When the perpetrator is simultaneously accused of offenses listed in the order fines list and offenses provided for in this directive, the simplified denunciation procedure is solely applicable.

2. When the perpetrator is simultaneously accused, on the one hand, of offenses listed in the order fines list and/or offenses provided for in this directive and, on the other hand, any other offense, neither the order fine procedure nor the simplified denunciation procedure is applicable, and all the offenses must be reported to the Public Prosecutor's Office.

[4] 1. If an offense stipulated by this directive is identified by a public official who is not authorized to proceed with a simplified report in accordance with annex 2, or if it involves a confiscation decision, it shall be subject to an ordinary report to the Public Prosecutor's Office, which applies the same fee.

2. If an offense stipulated by this directive is identified by an officer authorized to proceed with a simplified report and the latter submits their report to the Public Prosecutor's Office, it shall be automatically forwarded to the department.

**1. Objections Made to the Penal Orders Issued by the Service Are Addressed to It.**

2. If the objection is nonetheless addressed to the Public Prosecutor, the latter forwards it to the Service, which attaches it to the file before returning it to the Public Prosecutor.

This directive is not applicable to offenses that fall under the jurisdiction of another authority according to cantonal legislation (Art. 17 CCP).

The Order Concerning Offenses That Can Be Sanctioned According to a Tariff, dated December 30, 2011 [5], is repealed.

**1. This directive comes into force on January 1, 2020.**

2. It will be published in the Official Gazette and included in the Neuchâtel Compendium of Legislation.

Only if offenses committed by negligence, specifically

- Loitering

- Damage to crops

- Exploitation of credulity (minor cases)

- Defacing private posters

- Prohibition of defacing walls (if caught in the act of tagging and the victim formally withdraws their complaint after being contacted)

- Violation of a restraining order (excluding public roads)

- Use of false keys and master keys

- Obstruction of auction freedom

- Offenses related to auctions

- Disorderly conduct while drunk

- Vagrancy

- Causing children or dependent persons to beg

- Dangerous throwing of materials (without concrete danger)

- Firing a firearm near residences

- Disobedience to the police

- Refusal to reveal identity

- Defacing official posters

- Disorderly conduct at a voting place

- Pilfering in a vineyard

- Illegal harvesting

- Straying of animals (livestock)

- Penalty art. 122 LS, art. 5 LFPTP

20. Provisions concerning air protection [23]

21. Provisions concerning water protection [24]

22. Federal Law on Security Organs of Public Transport Companies

23. Law on Arms [25]

24. Law on the Prevention of Violence during Sporting Events (LViSpo) [26]

24.1

24.2

24.3

24.4

24.5

24.6

25. Convention on Private Security Enterprises (CES) [27]

26. Federal Law on Foreign Nationals and Integration (LEI) [28]

Non-professional driver, except persons listed under ch. 105.5 to 105.20

- Intoxication of 0.25 to 0.29 mg/l and/or 0.50 to 0.59 g/kg (‰)

- Intoxication of 0.30 to 0.34 mg/l and/or 0.60 to 0.69 g/kg (‰)

- Intoxication of 0.35 to 0.39 mg/l and/or 0.70 to 0.79 g/kg (‰)

- Learner driver, accompanying person during a learning drive, and holder of a probationary driver's license not respecting the prohibition to consume alcohol

900.00

600.00

450.00

1) 250.00

- Driving instructor not respecting the prohibition to consume alcohol

- Professional goods transport driver not respecting the prohibition to consume alcohol, except SDR/ADR

- Professional passenger transport driver or driver subject to SDR/ADR not respecting the prohibition to consume alcohol