Book V: Enforcement procedures.

The decision ruling on the claim for compensation is given by the court at the same time as the decision ruling on the public action, unless the state of the case does not allow the amount of the compensation to be determined. In criminal cases, this decision is given by the court ruling without the assistance of jurors.

Where the public prosecution has been initiated by the civil party, the investigating or trial court may only award compensation against the latter on the application of the public prosecutor and by a reasoned decision, if it considers that the civil party’s claim has been abusive or dilatory. The provisions of the second paragraph of Article 177-2 or the second paragraph of Article 392-1.

The claimant or the public prosecutor may appeal, within ten days of notification, against the decision on the claim for compensation when it emanates from a criminal court ruling at first instance. The same right is available to the civil party when the compensation is payable by it. This appeal is brought: a) Before the investigating chamber when the decision was made by the investigating judge; b) Before the criminal…

Payment of compensation is made on the basis of the decision of the court that awarded it. When the decision makes the compensation payable by the civil party, the compensation is ordered as an advance. Recovery of the amount of the compensation from the civil party is pursued at the behest of the accountants of the Directorate General of Public Finances by all legal means.

After the compensation has been authorised, an appeal against the decision may be lodged with the court mentioned in a or b of article R. 249-6 by the public prosecutor at the request of the assigning accountant, within one month of receipt of the request for payment. A reasoned refusal by the Public Prosecutor to exercise the appeal shall be brought to the attention of the assigning accounting officer. In…