Summary: When you are the victim of an offence and have suffered harm, you have the right to seek redress. To do this, there are, depending on the situation, various ways of proceeding which we will detail. Dowry means any valuable security given at or before the marriage by one party to a marriage. reactive power compensation and compensation theorem
It is possible to initiate civil proceedings in parallel with criminal proceedings (I). But, more simply, it is possible to become a civil party when the criminal proceedings have already started (II). There is also the complaint with the constitution of the l party (III).
In addition, we will clarify some special cases that can happen (IV). The first is the case where the perpetrator is not found criminally guilty but still caused you harm. The second, the case where there is a criminal composition to avoid the court. The third, the case where the author is tried following an appearance on prior admission of guilt. We will also provide information on the mechanism called “penal mediation”, set up at your request or with your agreement, as well as on that of the “penal transaction”, which allows the police officer to propose to the author of the facts of paying a fine for a minor misdemeanour.
All these procedures are used to assert a claim for compensation. However, should we manage to formulate it, ie know what we are going to ask? In other words, knowing how to calculate the compensation to be requested (V).
- I) Use a civil procedure in parallel
- II) The interest of being a civil party: being part of the trial
- III) If the complaint is not prosecuted, but we wish to see our quality of victim recognized, it is possible to file a complaint with the constitution of civil party
- IV) Special cases: perpetrator declared not guilty / penal composition / penal mediation / penal settlement / appearance on prior admission of guilt
- V) How to calculate the amount of the damage compensation claim
Use a civil procedure in parallel
It is possible, in parallel with criminal proceedings, to initiate civil proceedings to enable you to obtain compensation for your damage. However, this implies two separate procedures, which is tedious. Compensation for the criminal victim
Furthermore, if you choose to take a civil action separate from the criminal action (called public), your choice will be irrevocable (some exceptions exist under conditions).
However, this distinct civil procedure is not without interest. Indeed, there are cases in which the only option available to you is to seize a civil court if you wish to be compensated: for example, if the time limit to act before the criminal judge is prescribed (for simple theft, you have 3 years to act in criminal proceedings, 5 years in civil proceedings.
In practice, if you have initiated civil proceedings, there may be two situations:
If you are acting in civil proceedings when the action before the criminal court has already been set in motion: “the judgment of this action is suspended until it has been definitively pronounced on the public action”. This means that the civil judge must wait for the decision of the criminal judge before rendering his decision. and Compensation for the criminal victim
If the criminal action is set in motion when a civil action has already been brought: In the situation where the request formulated before the civil judge does not only concern the claim for compensation, this criminal initiation does not impose to the civil courts to suspend the judgment of the other actions, “of whatever nature, even if the decision to intervene in the penal one is likely to exert, directly or indirectly, an influence on the solution of the civil lawsuit”.
However, if the civil claim relates only to compensation for the damage suffered as a result of the criminal offence, the civil judge will have to stay the ruling and wait for the decision rendered by the criminal court.
II) The interest of being a civil party: being part of the trial
The interest: Being a civil party allows you to be a party to the trial and to have access to the file during the investigation.
We can also make observations, and ask that additional acts be carried out within the framework of the investigation. In addition, we are regularly informed of the progress of the investigation.
It is also possible to appeal against the order of dismissal of the investigating judge if it is considered that there are sufficient elements to prosecute the author before a court.
By becoming a civil party, you will resort to the criminal court to rule on any compensation for your damage. This brings you 2 major practical interests:
- This makes it easier to prove the facts that caused your injury. It is the same judge who will judge the case on a criminal level, whether the perpetrator is guilty or not, and who will then award you compensation or not. You can therefore take advantage of the evidence provided by the police services, by the various magistrates, to support your request and justify your prejudice. On the contrary, if you are acting before a civil court, this proof is incumbent on you, the judge does not search for evidence, he observes what you present to him.
- If expert opinions are necessary, the costs will be borne by the criminal judge if the latter has to decide the question of your compensation. On the contrary, if you are acting through a parallel procedure before the civil judge, you will have to bear the cost of these experts.
How to do it:
Check that you can do it: You will have to meet certain conditions or your request will be rejected:
- be directly and personally affected by the damage claimed
- have an interest in acting: the damage must be personal, direct and certain
- have the capacity to act
- Compensation for the criminal victim
If you think you meet these conditions, the procedure to follow will be different: if the trial has not yet taken place or if you wish to make your request directly during the trial (often due to lack of time).
If the trial has not yet taken place, just either 5 :
- To send to the president of the court, at least 24 hours before the date of the trial, a registered letter with acknowledgment of receipt, indicating your marital status, the nature of your damage, the assessment of the amount of compensation to which you are claiming and the evidence. Several model letters are available on the internet
- To go to the registry of the court that will judge the case. You must specify the offence prosecuted, and your marital status: it is therefore recommended that you submit a written document containing the civil status, the offence prosecuted, the number of damages requested and the supporting documents. The registry will take care of the transmission to the public prosecutor in charge of the case.
In both cases, you must be present at the hearing, whether in person or represented by a lawyer.
During the trial, you will have to present your request to the judge who will decide the case, before the requisitions made by the Prosecutor. The declaration is made orally or in writing.
In practice, you have to go to the clerk who will deal with your case. It is advisable to do this before the start of the hearing. Compensation for the criminal victim
However, you can do this until the Public Prosecutor takes the floor to state his requisitions at the end of the trial. You can also contact the court bailiff, who will take note of your request: your statement will then be recorded by the clerk.
If you have a lawyer, it is he who will take care of informing the judge of your desire to become a civil party, when the judge asks if there are any statements, or by filing conclusions (an act made by a lawyer). This declaration must be taken into account by the registrar .
In all cases, the judge can refuse this constitution of the civil party if he considers that the conditions are not met.
III) If the complaint is not prosecuted, but we wish to have our status of victim recognized, it is possible to lodge a complaint with the constitution of civil party
Usefulness: to be compensated as a victim and to be able to participate in the trial. In addition to wanting to condemn the author of the prohibited act as with a simple complaint, we want our damage to be repaired by the constitution of the civil party.
By this process, we will also be able to overcome a refusal to prosecute following a classic complaint filing. Through this mechanism, we will directly ask the judge to initiate an investigation into an offence of which we have been a victim.
Be careful, you should also know that in the event of a dismissal, the people who have been targeted by the complaint with the constitution of the civil party can sue the person at the origin of this complaint about slanderous denunciation, and ask him for compensation.
As for the simple constitution of civil party, this system allows, when the judge decides on the question of a possible compensation:
- to benefit from the evidence provided by the criminal trial
- to see the cost of the expertise supported by the criminal judge
Who can file a complaint with a civil party?
You will need to meet certain conditions:
- be directly and personally affected by the damage claimed
- have an interest in acting: the damage must be personal, direct and certain
- have the capacity to act
Conditions for using this mechanism :
This type of complaint does not exist for contraventions (small infractions) and is only possible under certain conditions: If a simple complaint has already been lodged, and has been the subject of classification without further action. part of the prosecutor, or if no action was taken for a period of 3 months (silence of the prosecutor), hence the need to keep the minutes of the 1 st single complaint, since this is necessary for the event of a crime.).
In the context of an offence, i.e. when the offence is punishable by a maximum of 10 years’ imprisonment, and a minimum fine of € 3,750, it is necessary to fill these conditions:
- Have already filed a classic complaint
- That this complaint was dismissed by the Public Prosecutor (you are informed of this decision), that is to say, hat he does not wish to prosecute the perpetrator of the offence
- Or that no information on the fate given to the simple complaint has been communicated to you by the Public Prosecutor, after a period of 3 months from receipt of the classic complaint.
If it is a felony (most serious offences), an offence reactive power compensation under the Freedom of the Press Act 1881, or election offences, these conditions are not required, the complaint with the constitution of the l party can be made directly.
How to file a complaint with the constitution of the civil party to have the damage suffered?
It’s content: You must indicate:
- His contact details and marital status
- The precise facts of the offence
- The offences committed, and the texts of the penal code concerned. Here, the legal texts must be applied to the facts, in order to legally qualify them. This is an important step that must be carried out with rigour if you wish to see your request properly taken into consideration. To do this, it is strongly recommended that you call in a legal professional such as a lawyer.
- The evidence concerning the offence
- The clear desire to become a civil party
- The claim for damages, quantified
- The elements supporting the claim for compensation
Who to send it to? :
You must submit your request to the registry of the court concerned, that is to say to the reception staff of the competent court (the criminal court in the case of an offence, the assize court for a ), or send it by registered mail with acknowledgment of receipt to the dean of the investigating judges of the district court, the place where the offence was committed, or the domicile of the perpetrator. To obtain information on the person to whom to address their mail, you can contact the competent court (that is to say the one where the offence was committed or the place of residence of the author for example), which will be able to provide you with useful and adequate information.
The consequences of this shipment:
This mechanism will make it possible to seize the examining magistrate and to open a judicial investigation (the od during which the judge will carry out all the acts that he considers necessary for the manifestation of the truth). It will make it possible to initiate criminal action, but also civil action.
The complaint with the constitution of the l party thus makes it possible to “provoke” the justice to make research on the denounced infringement.
The examining magistrate checks the admissibility of the complaint. It will then be sent to the Public Prosecutor who may request certain measures to be taken, or ask the examining magistrate not to take it into account.
The examining magistrate can request the payment of a deposit, (a sum of money). These are the costs to become a civil party, and the amount corresponds to a possible fine if the complaint were to be considered abusive. But the sum will be returned if the complaint is justified. The amount is set by the judge and cannot exceed 15,000.
Following the investigation, that is to say, the period during which the investigating judge will carry out various measures to seek the truth, the investigating judge may decide to refer the case to a court to be considered. judged, or to issue an “order of dismissal”, (that is to say that the examining magistrate decides not to continue the case anymore, because, compensation theorem for example, the facts do not constitute an infringement, or there is not enough evidence against the suspected person).
When this complaint with the constitution of the civil party is accepted by the investigating judge, it gives the same advantages as the simple constitution of the civil party during the procedure (access to the file, observations, to be informed of the progress of the investigation, appeal the dismissal order, compensation, etc.).
- IV) Special cases: perpetrator declared not guilty / penal composition / penal mediation / penal settlement / appearance on prior admission of guilt and reactive power compensation
In our first case, you have suffered harm but the perpetrator is declared not criminally guilty for various reasons (A). In our second case, a penal composition is put in place and will result in avoiding the court. So, you are wondering how to be compensated (B). In our third case, the offender is tried in court on prior admission of guilt and you wonder how to be compensated (C). In addition, in a fourth case, we will clarify the case of compensation if you have accepted, or requested, to set up penal mediation (D). Finally, in a fifth case, a penal settlement has been proposed to the perpetrator, and you consider that the compensation which has been decided is not satisfactory (E).
A) Can I be compensated if the criminal court does not sanction the offender?
You are for example in the situation where the correctional court (a criminal court) pronounces an acquittal for the author for various reasons. He is therefore not considered guilty.
However, this decision does not prevent any compensation for your damage ( Cass. Crim., Jan. 18, 2005, n ° 04-85.078).
Even if the author is not held criminally responsible, he may have committed a fault which, for civil law, constitutes a fault that can be remedied by the payment of damages.
As soon as the acts committed by the author and stated in the criminal court were the direct cause of the damage you suffered, you can claim compensation.
This request for compensation may be studied by the criminal judge if you are a civil party (simply, or thanks to a complaint with the situation of the l party), or maybe studied by the civil judge if you have carried out a separate civil procedure. . In the case of a separate procedure, it will be necessary to pay attention to the civil deadlines for taking action: it is in principle 5 years from the moment you learned of the facts. compensation theorem
B) The perpetrator of the offence is the subject of a criminal composition. How am I compensated?
The penal composition is only possible in the case of a “small” offence, ie for which the author can be sentenced to a maximum of 5 years’ imprisonment. It is excluded from manslaughter, press offences, and political offences.
Its operation and your compensation: The Public Prosecutor who offers the perpetrator of the offence (petty offence only) a penal composition allows him to fulfill one or more obligations in order to avoid going to court. He must therefore ask him to repair the damage resulting from the acts he has committed: compensate you. The choice of compensation (its amount, nature, etc.) is up to the public prosecutor, who will indicate his choice to the author who will have to comply with you. reactive power compensation
This must be done within a maximum of 6 months and can take another form than the payment of a sum of money (repairing damaged property for example, etc.).compensation theorem
If you feel that the compensation owed to you is not sufficient, you can appeal to the criminal court to rule on this single compensation claim. The criminal judge will not question the rest of the decision. To do this, the criminal court must be seized by a direct summons, which is a mechanism allowing them to deal with the judge. However, the direct quote must meet several requirements. It must include precise legal information (legal texts, damage suffered, date of hearing, etc.) and you must have had the agreement of the magistrates for a date of hearing in court by contacting the court registry ( either the place where the offence was committed or the place of domicile of the offender). It is, therefore, necessary to have a good knowledge of criminal procedure and reactive power compensation. Therefore, it is strongly recommended to call on a legal professional to draft this act and accomplish these steps. In addition, you will have to call on a bailiff to deliver this direct summons to the offender, respecting the deadlines provided by law (at least 10 days before the hearing). In addition, this procedure may generate additional costs. by respecting the deadlines provided for by law (at least 10 days before the hearing). In addition, this procedure may generate additional costs. by respecting the deadlines provided for by low reactive power compensation (at least 10 days before the hearing). In addition, this procedure may generate additional costs.compensation theorem
Additional information: In the event of a criminal composition, if you wish to defeat it that is to say, o put an end to it, you always have the right to seize the criminal courts by a complaint with the situation of civil party, or by a direct quotation (see above). But this failure will have the consequence of setting up an “ordinary” procedure before the criminal judge, which will take longer than a criminal composition. However, by this check, we do not act only on our request for compensation, but on the whole of the sentence. Indeed, one defeats the penal composition in order to obtain a judgment. It will still be necessary to be vigilant about the time limits to act in court. As regards offences (simple theft for example), you have 3 years to implement one of the “ordinary” procedures.compensation theorem
C) The author is tried by the so-called “appearance on prior admission of guilt (CRPC)” procedure. Can I claim compensation for my damage?
If such a procedure is put in place, you are immediately informed. You can become a civil party, in order to obtain compensation for your damage.
You will be heard during the homologation hearing before the president of the tribunal de grande instance, reactive power compensation with your lawyer if you decide to be assisted (his presence is advised but is not compulsory).
However, even if you do not attend this hearing, but you are still a civil party, the judge will rule on your compensation and compensation theorem
If you have not been able to become a civil party, you still have the possibility to ask for compensation.
You can cite the author of the contested facts before the criminal court. For this, you must ask the public prosecutor, when informing you of this right, to cite the author of the facts before this jurisdiction. This request to the public prosecutor remains possible, as long as the limitation period for public action is still running, once the public prosecutor has informed you of this right: it is 3 years for an offence (for a simple theft for example). If your request is successful, the court will rule on your only request for compensation, and will not question the decision concerning the conviction of the author reactive power compensation (it will not be able to pronounce a new prison sentence for example).compensation theorem
D) Compensation during penal mediation
Penal mediation applies, in practice, as a rule for minor offences. It is, for example, excluded in matters of sexual assault, road accidents, or press offences. The facts must have been recognized by the author, and they must be clear.compensation theorem
You should know that the establishment of penal mediation is done with your agreement with the Public Prosecutor. However, it can only result from your express request in the event of violence committed by your spouse or former spouse, your partner bound by a civil solidarity pact or your former partner, your common-law partner or your former partner.compensation theorem
Thanks to this mechanism that is penal mediation, you can therefore reach an agreement, a compromise with the author of the facts on an amount of compensation to repair your damage.
If you do not reach an agreement, the mediator reports it in writing to the public prosecutor. This one will decide on the follow-up to be given to the facts: to continue by a penal composition or another way, or according to the cases to close the case without continuation (not to give penal consequences to the facts).
E) Compensation when the perpetrator has dealt with the judicial police officer and paid a fine to the State: the case of the criminal transaction
The criminal transaction is initiated by the judicial police officer and must be authorized by the public prosecutor. He proposes a fine, the amount of which may reach a maximum of one-third of the compensation theorem amount incurred by the penal text. reactive power compensation
It is possible for contraventions of the penal code (driving without a license, willful violence that did not result in any ITT, night noise, etc.), and offences for which the author incurs a maximum penalty of 1 year in prison. (endangering others, hit and run, sexual exhibition, moral harassment, etc.) and for theft valued at less than 300. compensation theorem
By using the system of the penal transaction, the judicial police officer proposes to the perpetrator to pay a fine (to the State) in order to avoid initiating proceedings in court. By this transaction, he can also commit the author to pay you damages to repair the damage you have suffered.
Compensation for the criminal victim If this is not the case, or if you consider that this commitment does not correspond to fair compensation for your damage, you can have the perpetrator cited before the criminal court by a direct citation (see IV, B) victim compensation theorem
Nevertheless, this act requires the inclusion of precise and legal information: it is necessary to have a good knowledge of criminal procedure and criminal law or to call on a legal professional. compensation theorem
The court will rule on civil interests only, that is to say only on your damage. Compensation for the criminal victim
- V) How to calculate the amount of the reactive power compensation claim
The assessment of damage is complex. We must not forget to take into account the different types of harm. In addition, you must know how to evaluate them, but also know how to prove this evaluation. Therefore, it is strongly recommended compensation theorem to use legal professionals such as a lawyer. Indeed, many firms will be able to perform this evaluation.
However, if you are unable to get help, here are some things you should consider:
The compensation for the criminal victim principle of full compensation: this means that all the damage, all the harmful consequences must be compensated. However, only this damage, which is the consequence of specific damage, may be the subject of compensation: you cannot claim compensation for other damage that has no connection with the damage in question. compensation theorem full reparation aims to try to put you, as a victim, in a situation similar to that before suffering the damage. reactive power compensation
Types of damage:
- temporary property damage: which are health costs, professional costs linked to the damage, loss of income, assistance costs during a certain period, etc.
- permanent property damage which is generally very significant, that is to say, future health or professional problems and all that this implies (having suitable housing, undergoing special care, dealing with reduced autonomy, manage impossibilities, compensation theorem, a general loss of income, ongoing support costs, etc. reactive power compensation
- temporary extra-patrimonial damages: having a temporary functional deficit which will be calculated according to the degree of disability and the length of the period of disability (i.e. which acts of everyday life you can no longer do or with great difficulty, it is the discomfort that you undergo in your living conditions), the suffering endured (which is objectively calculated by an expert doctor), aesthetic damage (wearing a neck brace, plaster, etc.), but also damage to honour and reputation, etc. Compensation for the criminal victim
- permanent extra-patrimonial damage: it can be a permanent functional deficit calculated according to the disability rate and age (it corresponds to the after-effects linked to the damage, permanent discomfort), aesthetic damage permanent (a scar for example. We will then take into account its location, its size, and the medical expert will assess its importance), but also the loss of approval, which is “the damage linked to the impossibility for the victim of regularly practice a specific sporting or leisure activity ( Civ 2, May 28, 2009 Compensation for the criminal victim (i.e. the impossibility of carrying out activities that you practiced before), sexual harm (which can correspond to damage to the sexual organs, but also damage related to sexual relations or difficulties related to procreation. The spouse can also claim compensation in this regard), establishment damage (it is the impossibility of carrying out a family life project because of the handicap you are facing), the prejudice of anxiety,reactive power compensation, victim compensation theorem etc.
- Do not forget to keep all the supporting documents corresponding to the various expenses of these damages (operation report, medical certificate, sick leave, physiotherapy sessions, etc.). If a reactive power compensation, for example, is a loss of income, you will have to justify your income before the damage, and the fact that today you can no longer collect it, that you can no longer work or that you are reclassified to a less important position. Compensation for the criminal victim
- Medical expertise is not necessarily compulsory. In the least serious cases, the insurance companies which will have to compensate you will be based on the documents and documents that you will have communicated to them (we find here the importance of keeping the supporting documents). For more important compensation theorem cases, they will request a medical expert to assess the number of damages (a court can also order this expertise).
- You are strongly advised to call on an expert doctor (called “recourse”) to assist you during medical expertise, in front of the doctor appointed by the insurance or the judge. compensation theorem He is the best qualified to assess and defend your various bodily injuries, taking into account your various comments and complaints (pain not taken into account by the doctor responsible for the expertise, for example). In order to know if the costs related to this expertise will be covered by your insurance contract, consider turning to your insurance company.
- If these are future expenses, you will need to demonstrate as best as possible the needs that will be necessary for you. This can be, for example, expenses for the development of your home following permanent damage, regular and permanent care that you will have to carry out for several years, etc. (work estimate, the estimate for necessary travel, price of equipment, etc.).
- If you now have to be assisted by a person in your daily life since the damage, do not forget to try to justify the number of hours that this one works.
- If your bodily injury has worsened since the 1st judgment granting you compensation, and you can provide proof that the worsening of your condition is due to the initial damage, you can within 10 years again request a judge in order to reassess your damage and its compensation. reactive power compensation.