Title XIV: Recourse for compensation available to certain victims of damage resulting from an offence

The claimant and the guarantee fund may inspect the file at the commission’s secretariat and submit any observations they consider useful in examining the claim for compensation. The claimant and the guarantee fund may have copies of the documents in the file issued by the secretariat at their own expense. In the case of reports of the offence or documents from criminal proceedings, the issue or sending of copies is…

When the claimant requests the award of an advance, the chairman of the commission immediately communicates the request to the public prosecutor and the guarantee fund and obtains their observations. The Chairman will make a decision within one month of the request by means of an order notified to the Public Prosecutor. This shall be done as stated in Article R. 50-22.

When the case is heard, the chairman of the commission sets the date for the hearing.

The secretary of the commission convenes the claimant and the guarantee fund at least two months in advance to the hearing that has been set. This summons is sent by registered letter with acknowledgement of receipt to the claimant and by simple letter to the guarantee fund. The parties are informed in the summons that their observations must be sent to the commission no later than fifteen days before the…

The public prosecutor is informed of the date of the hearing and files his submissions at least fifteen days before that date.

At the hearing, the magistrate who investigated the case gives his report; the claimant and the guarantee fund, if present or represented, are then heard. The public prosecutor develops his conclusions.

At the hearing, the commission, where it considers that the case should be referred to another hearing, shall immediately set the date of that hearing. When the parties are neither present nor represented, they are informed of this referral by registered letter with acknowledgement of receipt, with the exception of the guarantee fund, which is informed by simple letter.

If the application is dismissed, the applicant shall be ordered to pay the costs, unless the commission discharges the applicant in part or in full.

The commission’s decision shall be notified without delay, by registered letter with acknowledgement of receipt, to the applicant and to the guarantee fund.

Decisions by the commission and the commission chairman may not be opposed. They may be appealed regardless of the amount of the claim.