Section 3: The decision on the civil action

After the assize court has ruled on the public prosecution, the court, without the assistance of the jury, rules on the claims for damages made either by the civil party against the accused, or by the acquitted accused against the civil party, after the parties and the public prosecutor have been heard. The court may appoint one of its members to hear the parties, take cognisance of the exhibits and…

The court may reserve its decision on the civil action. It may also, after hearing the observations of the parties, postpone this decision to a later hearing, the date of which it shall fix. This postponement is automatic at the request of the civil parties. The hearing on civil interests takes place at the judicial court in whose jurisdiction the assizes were held. Unless the civil party or the accused…

The civil party, in the case of acquittal as in the case of exemption from punishment, may claim compensation for the damage resulting from the fault of the accused, as it results from the facts which are the subject of the accusation.

The court may order, of its own motion or at the request of a party or any interested person, the restitution of objects placed in the hands of justice. However, if there has been a conviction, such restitution shall only be made if the beneficiary proves that the convicted person has allowed the time limits to pass without appealing to the Supreme Court, or if he has appealed, that the…

In the event of a sentence of confiscation relating to property that is not in the hands of the law, the court ruling without the assistance of jurors may, in order to guarantee the execution of this sentence, order the seizure, at the advanced expense of the Treasury, of the confiscated property. The court may also authorise the delivery to the Agency for the Management and Recovery of Seized and…

When ruling at first instance, the court may order the provisional execution of its decision, if this has been requested, without prejudice to the provisions of Article 380-8. However, provisional enforcement of investigative measures is de jure.

The court orders the offender to pay the civil party the sum it determines, in respect of costs not paid by the State and incurred by the latter. The parties may produce evidence of the sums they claim and the court shall take into account the fairness or economic situation of the convicted party. It may, even of its own motion, for reasons drawn from the same considerations, declare that…

The civil party is treated in the same way as the witness with regard to the payment of compensation, unless the court decides otherwise.

Persons convicted of the same crime shall be jointly and severally liable for restitution and damages. In addition, the court may, by special reasoned decision, order that an accused person who has surrounded himself with insolvent co-perpetrators or accomplices shall be jointly and severally liable for fines.