Subsection 4: Compensation for detention

Without prejudice to the application of the provisions of Articles L. 141-2 and L. 141-3 of the Code of Judicial Organisation, a person who has been remanded in custody in the course of proceedings that have ended with a decision to dismiss, acquit or acquit that has become final is entitled, at his or her request, to full compensation for the non-material and material harm caused to him or her…

The compensation provided for in the preceding article shall be awarded by decision of the first president of the court of appeal within whose jurisdiction the decision to dismiss, acquit or acquit was handed down.

The First President of the Court of Appeal, on receipt of a petition within six months of the decision to dismiss the case, acquit or acquit having become final, shall give a reasoned decision. The proceedings shall be held in open court, unless the petitioner objects. At his request, the claimant is heard in person or through his counsel.

Decisions taken by the first president of the court of appeal may, within ten days of notification, be appealed to a national commission for compensation for detentions. This commission, which is attached to the Cour de cassation, rules in a sovereign capacity and its decisions are not subject to appeal of any kind. The bureau of the Cour de cassation may decide that the national commission will comprise several panels….

The procedure before the first president of the court of appeal and the national commission, which rule as civil courts, is laid down by a decree in the Conseil d’Etat.

The compensation awarded pursuant to this sub-section shall be borne by the State, except for recourse by the latter against the informer in bad faith or the false witness whose fault caused the detention or its prolongation. It is paid as criminal justice costs.