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…
When the court ruling on civil interests has awarded damages in an amount greater than the compensation awarded by the commission, the victim may request additional compensation. He or she must submit this claim within one year of the date on which the decision ruling on civil interests became final.
The commission shall take into account, in the amount of the sums awarded to the victim as compensation for his loss: benefits paid by the bodies, establishments and services managing a compulsory social security scheme and by those mentioned in articles 1106-9,1234-8 and 1234-20 of the Rural Code; benefits listed in II of Article 1 of Ordinance no. 59-76 of 7 January 1959 relating to actions for civil damages by…
Where the victim, subsequent to the payment of compensation, obtains, for the same loss, one of the benefits or compensation referred to in Article 706-9, the fund may ask the commission that granted it to order the total or partial repayment of the compensation or advance.
If the victim or the victim’s heirs bring a civil action before the criminal court or bring an action against the persons responsible for the damage, they must indicate, at all stages of the proceedings, whether they have referred the matter to the commission set up by Article 706-4 and whether, if so, it has awarded them compensation. Failing this indication, the nullity of the judgment as regards its civil…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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