fine up to € (€ for recidivists). In France private prosecution is called citation directe, and is possible only for misdemeanours and petty offences, if the victim has evidence of the offence. The court sits with either one or three judges, without jury (a jury is present only for felonies, see cour d'assises). In court, the private prosecutor sits alongside the public prosecutor as an accessory, and is merely called the "civil plaintiff" (partie civile), as French criminal courts also rule on tort claims during the same proceeding. Trials take place in this way even when the prosecution was initiated by the public prosecution office (which is far more usual than a private prosecution). The plaintiff and the accused are both represented by normal attorneys, sitting at the ground-level of the courtroom, while the public prosecutor, considered by French law as a magistrate, sits on a platform as the court, although he does not participate in their deliberations. The public prosecutor gives the court his opinion about the case after the plaintiff and before the defense. Eventually, the defendant may be convicted even if the public prosecutor requested acquittal. In France, appeal courts retry both facts and law. The accused may appeal a conviction and sentence, but the plaintiff can only appeal damages. He cannot appeal an acquittal or a more lenient criminal punishment, contrary to the public prosecutor, who can do this even if the prosecution was private. For felonies or when the plaintiff has insufficient evidence, he may refer to an investigating judge (juge d'instruction) who will investigate the case, and refer it to the trial court (in which he does not sit) if he discovers sufficient evidence of guilt. The investigating judge is independent from the public prosecutor's office, and may refer the case to the trial court even if the public prosecutor requested non-suit. Indeed, French law allows some associations to instigate private prosecutions (similar to American private attorneys general), but only for some few offences such as racist speech. In 2013, this possibility has been added for some white-collar crimes. If the defendant is convicted, the criminal court can sentence him to pay damages to the plaintiff for the criminal offence, and to reimburse his legal costs, in addition to the criminal punishment. But if the private prosecution or the referral to the investigating judge is regarded as abusive, the plaintiff may be sentenced to