LEGAL INFORMATION FOR FOREIGN CITIZENS WHO ARE VICTIMS OF PENAL OFFENSES IN FRANCE

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1 LEGAL INFORMATION FOR FOREIGN CITIZENS WHO ARE VICTIMS OF PENAL OFFENSES IN FRANCE What does being a victim mean? Under French Law, being a victim implies two conditions: The existence of an offense i.e. of a behavior considered to be reprehensible under the Penal Code. It can be a question of a criminal offense (voluntary manslaughter, rape, armed robbery.), a misdemeanor (theft, fraud, battery and assault, sexual assault ) or an infraction (light material damage, disturbance of the peace at night ). The existence of a damage which can be: Body: wounds, disability, esthetic damage (ex: scars) and, in general, any act affecting the health or the physical or mental well-being of a person. Material: these are material damages and vandalism caused by an infraction related to personal belongings and real estate, clothing, loss of income or part of one s inheritance. Moral: this is in regards to damage of a psychological nature concerning one s honor or feelings; for example, the suffering related to the loss of a relative or a loved one Personal interests: this is in regards to damage resulting from the deprivation of certain satisfactions of everyday life; for example, the possibility of continuing a sports activity or a hobby How do you assert your rights? As a victim, you can press charges against the offender. You can also file suit to obtain compensation for damages. 1. Pressing charges What does pressing charges mean? It is the act by which a person provides a report to the police force or the Gendarmerie, or to the Public Prosecutor, the facts detailing how you ve been victimized.

2 The report is a simple declaration of the facts to the police force or the Gendarmerie. Who can press charges? Any person having been victim of a penal offense can press charges. Where can you press charges? You can go to any Gendarmerie brigade or any police station which will transmit the complaint to the Public Prosecutor. You can also press charges by writing a brief letter addressed to the Public Prosecutor. The Public Prosecutor will examine your complaint and will decide on how to proceed. Depending on the case, he will be able: to file the case as closed, i.e. to not process the complaint especially if the offender could not be identified or if proof of the infraction could not be established. This decision cannot be appealed; however, there is the possibility of recourse. By using alternive means for criminal prosecution, in particular, penal mediation. Concerning penal mediation, this means a measurement carried out by a mediator who seeks an agreement between the two parties concerned. The goal is to come to a common agreement negotiated between the victim and the offender regarding compensation for damage suffered by the former. Filing suit with the Police Court if it is concerning an infraction or with the Magistrates' Court for misdemeanors. The Prosecutor can also resort to penal law. He can do so only for certain infractions and with the offender s agreement. In this case, the Public Prosecutor will recommend that he or she carry out one or more obligations, such as payment of a fine, handing-over their driving license or community service. 2

3 If the victim is identified, the Prosecutor must recommend to the offender the means of repairing the damage caused by the infraction. 2. Filing a civil lawsuit The victim of a penal offense can file a civil lawsuit when he or she presses charges with the Gendarmerie or at the police station. Consequently, the victim will be regularly informed during the proceedings, and may also file, if necessary, an appeal against certain decisions made during these proceedings. Concerning the request for damages, this can only be done by official report with the agreement of the Public Prosecutor and it is only considered as a civil lawsuit if the Magistrates' Court (i.e. Tribunal correctionnel in French) or Police Court is called upon to examine the case. For example, within the jurisdiction of the Mont-de-Marsan Court, the Public Prosecutor gives his consent for judging offenses such as theft, vandalism or fraud and for an amount of damage equal to or less than 150. Such an agreement is indeed justified to prevent a victim, having made an obviously insufficient request, not see their request taken into consideration for the final judgment in the civil proceeding - a decision which would thus be prejudicial for him/her. The victim can also file a civil lawsuit within the framework of a forthcoming hearing. This procedure enables him/her to be a defendant in the lawsuit, to participate and defend his/her interests to obtain compensation for damages. He/She can file a civil lawsuit before or during the court hearing: Before the hearing, the victim can go to the clerk's office to fill out a declaration, address a registered letter or send a fax to the President of the High Court (known as the Tribunal de Grande Instance in French) with the case s references. This document must arrive at the Court clerk's office at least 24 hours before the hearing date. The case references and the clerk's office s contact information are indicated on the victim s court notice. During the hearing, the victim can either represent themself personally or be represented by a lawyer. 3

4 How do you prepare the written document for the lawsuit? Whether it takes place before or during the hearing, the request must specify the quantified amount of damages requested by the victim and corresponding to the damage done. The plaintiff must attach all the supporting documents concerning the damage (estimate, doctor's certificate, repair bill, purchase invoice) to this request. Being accompanied and helped by an association which assists victims When the victim wishes to directly file suit without a lawyer, they can be helped in this process by an association which assists victims (i.e. in French, association d aide aux victimes ). Associations assisting victims take on the responsibility of helping victims of crimes, informing them on the steps to be taken to assert their rights and accompany them throughout the legal process. They accompany the victims on a practical level by helping them when they press charges or with preparing a civil lawsuit. Associations assisting victims do so at no charge. They can also provide psychological support. Contact information for local associations assisting victims: ADAVEM 40 In Mont-de-Marsan: 6 rue du Marécha BOSQUET Mont-de-Marsan Telephone: Fax: adavemmdm@wanadoo.fr Operating hours: Monday through Friday from 9:00 am - noon and 2:00 pm - 5:00 pm. In Dax: 12 Cours Pasteur DAX Telephone: Fax: adavemdax@wanadoo.fr Operating hours: Monday through Friday from 9:00 am - noon and 2:00 pm - 5:00 pm. 4

5 Being assisted and represented by a lawyer When the victim so wishes it, they can be assisted and represented by a lawyer so that the lawyer will represent them at the time of the hearing and will accompany them throughout the legal process. Free consultations with lawyers exist thus giving access to primary information needed during the legal process. These consultations are organized by the majority of town halls and courts. (Click here to see the dates and lawyers operating hours.) It is also possible to obtain the list of lawyers listed with the High Court (i.e. Tribunal de Grande Instance ) which covers the jurisdiction where you live. Legal aid A lawyer s intervention can be free of charge or almost free under certain conditions. Legal financial aid (called aide juridictionnelle in French) allows individuals with very little financial means as well as victims of the most serious crimes to face lawsuit related expenses and benefit from the services of legal representatives (lawyers, court bailiffs). Depending on the applicant s income, the government will pay for all or part of these expenses. Being able to benefit from legal financial aid is also subject to one s nationality or residence. The person can obtain it if: _ they are a French citizen _ or from a foreign country and: _ a citizen of one of the European Union Member States or a citizen of a country which has an agreement concerning international judicial cooperation with France. _ a citizen of a country which has an international agreement with France. _ Reside in France on a regular basis. The legal financial aid request form can be obtained from the courts, town halls, and on the internet (click here to access the form) and must be filled out and sent or dropped off at the High Court s legal financial aid office (i.e. in French: bureau d aide juridictionnelle du Tribunal de Grande Instance) which covers the jurisdiction of their place of residence. 5

6 What do you do to receive compensation? 1. Insurance claims In the event of material loss or bodily harm, it is important to check the coverage of your insurance policies such as home insurance, car insurance, or life/disability insurance. Insurance may compensate the person for part of the damage. The insurance company must be advised within the time limit stipulated in the insurance policy. 2. Appealing to the Commission of Compensation for victims of criminal offenses (i.e. CIVI Commission d Indemnisation des victimes d infractions) In order to guarantee compensation to victims of penal offenses considered to be particularly major offenses, the law has set up an independent compensation plan. This plan can be put to use independently of the ongoing penal proceedings, even if the perpetrator was not found. This does not concern victims of industrial accidents, terrorist acts and road accidents. In this case, other procedures exist which can entitle you to compensation. Under which conditions can you be compensated? If the offense was committed in France, the plaintiff must be a French citizen or a citizen of a country which is a member of the European Union. Subject to treaties and international agreements, a foreign victim can also request compensation provided that he or she was a legal resident in France on the day that the offense took place or the day when compensation was requested. Compensation for the most serious offenses: in this case, the victim can be fully compensated (no limit exists). He/She can make a request with the CIVI : _ If one of his/her close relations passed away following a penal offense _ If the victim suffered major bodily damage which involved a Complete Temporary Disability of at least one month or a Partial Permanent Disability. (disabilities are evaluated by a medical expert) 6

7 _ If the person was a victim of sexual assault: rape, sexual assault of any other kind, or a non violent sexual offense with a fifteen year old minor - even if these offenses did not cause the victim to take sick leave or cause a disability. For less serious damage and certain material losses, the victim can only receive partial compensation. The amount is limited to three times the income limit set attributing partial legal financial aid (i.e. 4,101 euros in 2009). The victim can file a request: _If he/she suffered an injury which lead to Complete Temporary Disability of less than one month _If he/she was a victim of theft, fraud, breach of trust, money extortion, damage, or vandalism of personal property. Access to this compensation is only possible if the following conditions are met: _The victim must have an income less than the limit set for receiving partial legal financial aid. (i.e in 2009 to which 164 per person is added for the first two dependents and 104 per person for all those thereafter) _The victim must thus be in a difficult financial and/or psychological situation _If it s not possible for the victim to receive an effective and sufficient compensation for their damage from an insurance company, a supplementary health insurance company or from social security. What is the time limit for placing a request with the CIVI? The victim must address a request signed and delivered by hand or addressed by registered letter to the commission s secretariat: Either within three years from the date of the offense Or within one year from the last legal judgement if legal proceedings took place. The CIVI s jurisdiction: The qualified CIVI office is the one closest to your place of residence or the penal jurisdiction which handled the case. TGI of Mont de Marsan: TGI of Dax Secretariat de la CIVI Secretariat de la CIVI 5 rue du 8 mai 1945 Rue des Fusillés MONT DE MARSAN B.P DAX CEDEX 7

8 3. Financial aid and a help with collection of unpaid compensation for victims which cannot benefit from the CIVI: the SARVI Conditions: - Having a final legal judgement (with no further possibility to appeal) dated from October 1st, 2008 which rendered damages and interest payable. - The perpetrator did not pay the damages (nor the victim s expenses) within two months from the date when the legal judgement was final. - The victim does not have the possibility of receiving compensation from: Their insurance A specific guarantee plan relative to terrorist acts, traffic accidents (if the responsible party was not insured), exposure to asbestos and medical accidents Claim for compensation: - The request is made by the SARVI which stands for service d aide au recouvrement des victimes d infraction (i.e. in English, assistance collecting compensation to victims of offenses). This request must be submitted within one year from the date of the definitive legal judgement. The request is done on a standard form which is available by download at the link below. SARVI Documents which must be attached to the request: - An identity paper: identity card, valid passport, family record book, birth certificate. - A bank account number - A copy of the CIVI s decision if necessary - An attestation indicating the amount received from the perpetrator or the preset payment schedule or absence of payment - Information known about the perpetrator s financial situation: their inheritance, income, their employer s name and legal address - A certified copy or writ of execution of the penal judgement which grants the compensation with interest for damages - A non-appeal certificate (or nonopposition depending on the case) indicating the date and information requested on the form 8

9 It is possible to obtain these last two documents by downloading via the link below from the Ministry of Justice s website. Procedure for compensation: The Guarantee Fund has the responsability of carrying out the necessary steps while having power of attorney for the victim if necessary. - if the amount of damages (+ court fees paid by the victim) is less than or equal to 1000, the victim will be paid for the full amount - if the amount of damages is higher than 1000, the SARVI pays the victim an advance equal to 30% of the amount of the damages with a minimum of 1000 and a maximum of This sum is paid within two months of SARVI having received your payment collection request. Depending on the amount which it manages to collect from the perpetrator, the SARVI will pay the victim the remainder of the sum granted by the penal judgement. Christi BISHOP VERGEZ Traductrice Assermentée Cour d Appel de PAU 9