When, under the conditions and in accordance with the procedures laid down by the Code of Criminal Procedure, a case has been referred to the judicial court for a ruling, in application of the rules of civil law, on compensation for all the damage resulting from the facts on which the prosecution is based, the court registry will summon to the hearing, at least one month in advance and by registered letter with acknowledgement of receipt, the parties to the civil proceedings that had been brought before the criminal court as well as the liable third parties mentioned in the referral decision. The summons, to which a copy of the committal order is attached, is equivalent to a summons to appear in court.
The court registry summons the parties to the hearing within a maximum of two months.
The summons specifies whether representation at the hearing by a lawyer is compulsory. In any event, it indicates that even if they do not appear, provisionally enforceable decisions will be taken against the parties other than the victim of the damage and against the liable third parties mentioned in the referral decision unless the judge decides otherwise.
The social security bodies, the Fonds de garantie des assurances obligatoires de dommages or the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions, if they have intervened before the criminal court, are summoned to the same hearing by registered letter with acknowledgement of receipt sent by the court registry. A copy of the referral decision is attached to the summons.
At the hearing, where representation by a lawyer is compulsory, the procedure shall be as set out in Articles 776 to 779. Failing this, the procedure shall be as set out in Articles 827 to 833.
An advance may be granted in summary proceedings under the conditions set out in Article 835.