Book IV: Some special procedures

Any person, including any public official or any member of the armed forces, who has suffered loss as a result of intentional or unintentional acts which have the material nature of an offence may obtain full compensation for the damage resulting from personal injury, where the following conditions are met: 1° Such injury does not fall within the scope of Article 53 of the Social Security Funding Act for 2001…

Compensation is awarded by a commission set up within the jurisdiction of each judicial court. This commission has the character of a civil court which rules at first instance. The commission is made up of two judges from the judicial court and a person of full age, of French nationality and enjoying his or her civic rights, who has shown an interest in the problems of victims. It is chaired…

On pain of foreclosure, the claim for compensation must be made within three years of the date of the offence. Where criminal proceedings are brought, this time limit is extended and does not expire until one year after the court has given a final ruling on the public prosecution or on the civil action brought before the criminal court. However, the Commission shall relieve the claimant of the foreclosure when…

The claim for compensation, accompanied by supporting documents, is forwarded without delay by the registry of the compensation commission to the guarantee fund for victims of acts of terrorism and other offences. The latter is required, within two months of receipt, to make an offer of compensation to the victim. Reasons must be given for any refusal of an offer of compensation by the guarantee fund. These provisions also apply…

Where criminal proceedings have been instituted, the commission’s decision may be taken before a ruling has been made on the public prosecution. The commission may, for the application of the last paragraph of Article 706-3, stay the proceedings until a final decision has been taken by the criminal court. In all cases, it must stay the proceedings at the request of the victim. The hearings take place and the decision…