Any person who, having brought a civil action, has benefited from a final decision awarding him damages and interest as compensation for the harm he has suffered as a result of a criminal offence as well as costs pursuant to articles 375 or 475-1 and who has not obtained compensation or reparation under articles 706-3 or 706-14, or recovery assistance pursuant to article 706-15-1, may obtain from the Agence de gestion et de recouvrement des avoirs saisis et confisqués (Agency for the Management and Recovery of Seized and Confiscated Assets) that these sums be paid to it by deduction from the funds or from the liquidated value of the assets of its debtor, the confiscation of which has been decided by a final decision and of which the Agency is the custodian pursuant to Articles 706-160 or 707-1.
This request for payment must, on pain of foreclosure, be sent by registered letter to the agency within two months of the day on which the decision mentioned in the first paragraph of this article became final.
In the event that there is more than one claimant creditor and there are insufficient assets to compensate them in full, payment shall be made at the race price and, in the event of claims received on the same date, at the marc per euro.
The foregoing provisions do not apply to the guarantee of claims by the State.
The State is subrogated, up to the amount of the sums paid, to the victim’s rights against the perpetrator of the offence in accordance with the ranking of civil law liens and security interests.
Cases likely to give rise to this recourse action by the State are investigated by the Agency for the Management and Recovery of Seized and Confiscated Assets and then communicated to the Minister of Finance, who is responsible for recovery.