Regulatory part - Council of State decrees

The matter shall be referred to the commission by a petition signed by the injured party, his legal representative or his counsel and delivered, or sent by registered letter, to the secretary of the commission who shall issue a receipt.

The request shall contain all information relevant to the investigation of the claim for compensation, and in particular the indication: 1° The surname, first names, date and place of birth and residence of the claimant; 2° The date, place and circumstances of the offence giving rise to the damage; 3° The offences against the claimant’s person or the damage caused to his or her property; 4° Of the criminal court,…

Where the claim for compensation is based on Article 706-14, the request shall also contain: 1° An indication of the amount of the applicant’s resources with the relevant supporting documents, in particular a copy of his or her income tax return for the year preceding the offence and the year preceding the year in which the matter is referred to the commission or, if he or she is not taxable,…

If it is a request for additional compensation based on article 706-8, it must be accompanied by a copy of the final decision on civil interests.

The secretary of the commission will immediately send a copy of the application and the attachments to the public prosecutor at the judicial court and, by simple letter, to the guarantee fund for victims of acts of terrorism and other offences.

The offer of compensation made to the victim pursuant to Article 706-5-1 sets out the assessment made by the guarantee fund for each head of loss and the amount of compensation due to the victim, taking into account the benefits listed in l’article 29 de la loi n° 85-677 du 5 juillet 1985 et des indemnités de toute nature reçues ou à recevoir d’autres débiteurs du chef du même préjudice….

The Chairman of the Commission or the Assessing Magistrate shall hear the case; he may conduct or cause to be conducted any hearings and investigations that may be useful. However, if it is clear from the information in the application or the documents attached that the applicant does not meet one of the conditions set out in Article 706-3, it shall immediately proceed as stated in articles R. 50-17 et…

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.