Lawyer and victim in criminal proceedings
The victim who wishes to obtain compensation for his or her prejudice has the choice between:
- the civil proceedings (proceedings before the Court of First Instance or the Court of First Instance as the case may be),
- the criminal proceedings (the case will then be judged by a Police Court, Criminal Court or Assize Court). The aim of the criminal proceedings is to convict the perpetrators and, in order to facilitate the compensation of the victims, it is possible to intervene by setting up a civil party.
A "civil party" is the victim who intervenes in criminal proceedings to seek redress for his or her prejudice. The civil party can then claim compensation for all the losses it has suffered and which stem from the offense that has been committed.
Criminal proceedings are the quickest and least costly way for the victim to seek redress for his or her prejudice. However, in certain cases, criminal proceedings are not possible (the offense is prescribed or amnestied, there is no evidence of the author's fault ...).
In such a case, the victim has the opportunity to bring before a civilian judge the person who caused him harm.
1. Attorney-at-law and actions open to victims in criminal law
In criminal law, a victim who has personally suffered damage caused by an offense has several remedies available to him to prosecute the perpetrator.
A victim's lawyer will then have to support his client, guide him in the choice of the most appropriate remedy, and assist him in the recovery phase of compensation for his injury if necessary.
A / The complaint
The complaint is the main source of knowledge of offenses against the criminal law.
B / The direct quotation
The victim may choose to have the author appear before the Criminal Court (in the case of an offense) or the Police Court (in the event of a contravention).
This recourse is not possible for crimes.
C/ Civil party proceedings before the investigating judge
When an investigation has already been initiated, at the initiative of the Public Prosecutor, the victim can file a civil action without having to deposit a consignment.
2. Advocate and reparation of the victim's harm before the criminal court
In order to obtain reparation for damages before a Correctional Court or a Court of Assizes, the victim who has joined as a civil party must detail the various prejudices under a common nomenclature known as the Dintilhac nomenclature.
The damages for which compensation is sought must also be justified and the amounts claimed must be substantiated, which the lawyer will do.
3. The victim during the execution of the author's sentence
The victim, his interest, his word, are taken into consideration in the decisions taken by the magistrates at the time of execution of the penalties.
Thus, certain penalties such as sanction-reparation or suspension with probation make it possible to guarantee compensation for the harm caused to the victim.
Throughout the trial period, the convicted person will have to justify to the judge the application of the penalties of the sums paid to the victim as compensation for the damage.
Moreover, when the convicted person is granted parole or day parole, he or she is, in most cases, obliged to compensate the victim.
Once again, he will have to justify it to the Judge of the application of the penalties during the period of trial.
At the conviction or sentencing stage, the criminal judge may also compel the perpetrator not to contact the victim for protection.
This possibility applies to offenses concerning the attack on natural persons (violence, rape, etc.).
4. Compensation of victims by the Guarantee Fund for Terrorism and Other Crimes (FGTI)
The Act of 6 July 1990 established the Guarantee Fund for Victims of Acts of Terrorism and Other Crimes (FGTI).
Its purpose is to allow compensation for victims when the perpetrator is unknown or insolvent.
The victim must be assisted by his or her lawyer in these proceedings in order to justify the reality of the damage for which it seeks compensation and to justify the amount of the sums sought.
This Guarantee Fund operates under the following two compensation schemes:
A / Compensation for victims of terrorist acts
For victims of terrorist acts, compensation for bodily injury (death, injury) is integral.
The indemnities shall be fixed and settled by the Guarantee Fund in agreement with the victims.
B / Compensation for certain damages by the Commission for the Compensation of Victims of Crimes (CIVI)
The victim of French nationality or having a residence permit in the national territory can obtain redress from the Commission for the Compensation of Victims of Crime (CIVI) in respect of the following damages:
Where the offense has resulted in death, permanent incapacity or total incapacity for work of more than one month (this incapacity is established by a forensic expert),
C / Assistance in the recovery of damages for victims of crime (SARVI)
Since the CIVI is referred to the victims of a limited number of offenses, the Act of 1 July 2008 has opened to all victims the use of the Guarantee Fund via the Assistance Service for the Recovery of Victims of Crime, Offenses (SARVI).
Sexual assault or sexual abuse and trafficking in human beings (without the necessity of total incapacity for work).