Criminal trial: what is a civil party?
Verified 30 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The civil party is the person who considers himself the victim of a infringement and who intervenes in the legal proceedings to obtain compensation for his loss. We present you with the information you need to know.
The civil party is the person who considers himself the victim of a infringement and who intervenes in the legal proceedings to obtain compensation for his loss. To do so, it must to be a civil party.
You can to be a civil party if you are a victim of damage caused by a crime, one offense or a contravention.
The constitution of civil parties may be made during a trial before the criminal court or the court of assize, on correctional court or the police court,
As a civil party, you can request damages in compensation for your damage. Such harm may be moral, economic or bodily.
You can also request the return of stolen items.
You are kept informed of the status of your file. You can ask for hearings, expert opinions or any other measures useful to discover the truth.
All natural person may become a civil party in a criminal trial. The legal persons (business, association...) or legal persons governed by public law (town hall, prefecture...) may also be civil parties.
One minor child may not be a civil party on its own. It is his legal representatives (parents or guardians) who must do so on his behalf. If the public prosecutor considers that his interests are not protected by the legal representatives, he shall appoint a ad hoc administrator to make representations on his behalf. This is the case when the parents are the perpetrators of child abuse.
One emancipated minor may bring a civil action on its own.
One person under guardianship shall institute civil proceedings with the assistance of its curator.
For a person under guardianshipYeah, it's his guardian who has to act for her. If the guardian or curator is presumed to have committed an offense against the protected adult, the public prosecutor shall ask the protection litigation judge to designate a representative ad hoc. The same applies if the victim is the guardian or curator.
One indirect victim of an offense may also apply to become a civil party to obtain compensation for the damage caused. For example, the sister of a child who died as a result of infanticide by one of her parents is an indirect victim. She is suffering harm as a result of the death of her brother or sister.
It is the court that decides whether or not the application for the formation of a civil party is admissible.
Please note
one association activist for the defense of rights (fight against racism, sexual violence, crimes against humanity...) can file a civil suit before the court and obtain damages.
You may bring a civil action before the criminal court until a judgment has been given.
The formation of civil parties may take place:
- At the time of filing of complaint
- Or during the direct quotation
- Or when filing civil party claim
- Or to the examining magistrate during the training phase
- Or during thesurvey
- Or at the hearing.
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Before the hearing
Your civil party can be constituted from the beginning of the procedure (investigation) with the consent of the public prosecutor.
You can make a request for damages or return your items. This application shall be deemed to constitute a civil party.
At the hearing
You can bring a civil suit at the hearing before the police court, the correctional court, the criminal court or the criminal court.
That request has to be made before requisitions of the public prosecutor's office on the conviction of the perpetrator.
After the hearing
You can no longer be a civil party after requisitions of the public prosecutor's office, after debate or after delivery of judgment.
Depending on when you bring a civil action, it's done differently.
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Before the hearing
At the time of filing a complaint, you can file a civil suit orally. Your request is indicated in the statement prepared by the officer or police officer.
You may bring a civil suit at the same time as you file a complaint by mail to the public prosecutor.
You can file a civil suit in you transplant applicant of the court. You must indicate the offense covered by the constitution and do address for service within the jurisdiction of the court seised.
Your request for damages or return of objects is done by registered letter with notice of receipt, by fax, by any means of electronic communication. It must reach the court concerned 24 at least hours before the date of the hearing.
If the court receives your civil party constitution less than24 hours before the hearing but before requisitions of the public prosecutor's office, it may be declared admissible.
The Public Prosecutor's Office notifies you, as a victim, of the date of hearing.
You are informed that you can file a civil suit using a form:
Declaration of formation of a civil party in an ongoing case
This form must be returned or filed in court.
During the hearing
You may bring a civil party to the hearing orally or by submission of a written application.
It has to be done front the requisitions of the Public Prosecutor's Office.
FYI
For any request for damages or return of objects, you must reach all supporting documents your loss (medical certificate, invoices, certificate...).
If a stolen object was found, or if it was placed under sealed, you can request your restitution during investigation or after trial.
You can use a form:
Request for the return of an object placed in the hands of the court
You must complete it and send it to the court with supporting documents and a copy of an ID.
Representation by counsel
You don't have the obligation be assisted or represented by a lawyer.
One lawyer may be designated by the president at your request.
If you want one but don't have enough income to pay for it, you can apply for thelegal aid.
Interpreter
If you don't speak French, you can ask to be assisted by an interpreter.
Discontinuance of the formation of civil parties
You can withdraw of your civil party's constitution before or during the hearing.
Before the hearing, the request is made in writing to the competent court.
At the hearing, the request is made orally.
The judgment that finds the withdrawal is you signified.
Appearance at the hearing
You you do not have to attend the hearing, if you send your civil party's constitution accompanied by a quantified claim for damages before the hearing.
If you are a civil party without quantifying the damages and you are absent from the hearing or not represented by a lawyer, the judge may consider that you are quit of your request.
The civil party, convened by quotation who does not appear or is not represented by counsel is considered to be withdrawing of his request.
The judgment establishing the withdrawal shall be signified to the civil party.
Address concealment
If you don't want your address to be known to the perpetrator, you can specify another address (we're talking about address for service or domicile elected).
This address may be that of a third party or that of your lawyer provided that they have given their agreement in a certain way (in writing) and that they are within the jurisdiction of the court seised.
Follow-up and copy of the procedure
You can read the progress of your case through your lawyer.
You can request a copy of your file as soon as you become a civil party. The first copy is free.
Warning
Any person who broadcasts a document or investigative proceedings may be punished by a fine of €10,000.
Hearing postponed
You can ask postponement of the hearing if you are unable to attend (for example if you are hospitalized).
If your claim is not in a state to be judged, the hearing will on civil interests may be postponed at your request or on a proposal from the judge. In this case, the court decides on the criminal conviction and refers the civil interest file to a later date.
For any postponement request, you must justify the reason (hospitalization, missing documents...). The court decides whether the deferral is accepted or denied.
Admissibility of the lodging of a civil party
The court, the defendant, on public prosecutor's office or another civil party may challenge your civil party constitution. This can happen if you can't prove that you've been harmed or that your credentials are unfounded.
The court decides whether your civil party is admissible and the amount of damages awarded to you.
Compensation for damage
The constitution of civil parties allows for the application of damages, to repair:
- One physical damage, that is to say, an attack on the health or physical or mental integrity of a person (injury, infirmity, etc.)
- One material damage, i.e. damage to property (damage, damage to property, loss of income or of a component of the property)
- One non-material damage, i.e. psychological damage (suffering related to the loss of a loved one).
To obtain compensation, you must justify the link between the commission of the infringement and the harm suffered. For example, your phone is stolen, you have to justify that the phone belongs to you by presenting an invoice in your name.
If the court cannot rule on your claim for damages (for example, if it lacks expertise), it can grant you a provision.
Restitution of objects
You can ask for the restitution of objects placed in custody of the court during investigation or after trial.
You can use a form:
Request for the return of an object placed in the hands of the court
You must complete it and send it to the court with supporting documents and a copy of an ID.
Debate at the hearing
If you are a civil party, you can no longer be heard as a witness.
You can intervene in debates by asking questions to the perpetrator, to the experts, to the witnesses...
If you have a lawyer representing you, that's through them.
FYI
You cannot seek criminal conviction of the perpetrator. It's the court that makes that decision.
Appeal of the decision
You can make call of the decision, but only with regard to thecompensation for your damage or the application for refund of objects.
You cannot appeal the criminal conviction (prison, fine...).
Payment on assets confiscated from the convicted person
You can ask theAGRASC the payment damages and legal costs not reimbursed by the State on the seized and confiscated property and money to the sentenced person :
- If the sentenced person has not complied with the decision
- And if the Commission for the Compensation of Victims of Crime (Civi) or the Sarvi: titleContent did not allow you to be compensated.
Information in the event of a change in the execution of the sentence of the convicted person
When the sentence of the convicted person is changed, the court will notify you of this request unless you have indicated to the court that you do not wish to do so.
Example :
The situations in which you can be informed are:
- End of probation (prohibition for the convicted person to contact you...)
- Temporary or permanent release (leave to leave, conditional release...) and in particular for the most serious offenses (murder, rape...)
- Escape from incarceration.
In the event of an application for temporary or permanent release, you may address your observations to the court in the 15 days from the notification of this information.
Reimbursement of costs
Unless the court decides otherwise, you can claim certain costs as a civil party:
- Flat-rate attendance allowance
- Lump sum compensation for lost wages
- Lump sum subsistence allowance
- Transport costs
- Advance on travel expenses.
To get your expenses refunded, you need to produce supporting documents (confirmation from your employer that he does not pay you the day of your appearance, transport ticket...). It's to be addressed to the court you appeared before.
Please note
A person accompanying a minor under 16 in which an infirm or sick person may claim reimbursement of his expenses. One ad hoc administrator designated for a minor may not claim his costs.
A case may be brought before the Judge for Victims (Judevi):
- In case of difficulty in enforcing the decision (for example in case of non-payment of damages...)
- To obtain information on the execution of the decision by the convict (date of release from prison, his obligations after release from prison...).
In case of difficulty in the execution of the decision (compensation, prohibition to appear in certain places...), you can apply to the Judevi, by sending it a letter.
He can seize the Jap: titleContent by order when the convicted person does not respect his obligations to you. It's at the Jap: titleContent make a decision, and inform Judevi within one month. The Judevi has 15 days to inform you of the decision of the Jap: titleContent.
Decisions and orders made by Judevi are not subject to appeal. These are judicial administration measures.
FYI
The Victims' Assistance Office (VBA) can provide information on the progress and progress of the proceedings. It can respond to difficulties encountered in particular during urgent procedures (immediate appearance). It can be oriented towards compensation schemes (Civi or Sarvi).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- House of Justice and the Law
- Association for Victims
Definition of civil action (Article 2)
Establishment of a civil party in a trial
Civil Interest Hearing
Judgment of contraventions - formation of civil party Art. 536
Appointment of an ad hoc representative
Information to the civil party in the event of a change in the sentence of the convicted person
Victims' Associate Judge
Powers of the Victims' Judge
Reimbursement of expenses
Curatelle
Supervision
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