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Victim of offence: compensation by the victims guarantee fund

Verified 25 janvier 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You are a victim of an offence (theft, violence ...) and your loss cannot be compensated by the author or by other organisations? You can claim compensation from the Crime Victims Compensation Board (Civi), a specialised jurisdiction in each court. The Civi will forward the application to the Victims Guarantee Fund, which will compensate you in the name of national solidarity before turning against the person responsible.

Infringement in France

You are concerned if you are the direct victim of a offence.

You can also claim reparation if you are close to a victim and have personal harm caused by this offence. For example, if your spouse is hospitalised and your household loses an income.

Foreigner offence

You are concerned if you are French and a direct victim of an offence.

You can also claim reparation if you are close to a victim and have personal harm caused by this offence. For example, if your spouse is hospitalised and your household loses an income.

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Personal injury

Serious

You can be compensated if you have been a direct or indirect victim:

  • Of a fact which led to death
  • A fact that resulted in permanent incapacity
  • A fact which resulted in a total incapacity for work of at least one month
  • A rape, sexual assault or sexual assault on a minor
  • Trafficking in human beings

In these cases, the amount of compensation is not capped and no resource requirements are required.

Light body damage

All of the following conditions must be met:

  • You are the direct or indirect victim of personal injury resulting in a total incapacity for work of less than 1 month
  • The offence has resulted in serious disturbances in your life (for example, inability to lead a normal family life)
  • You cannot obtain compensation for your loss from other organisations

The amount of compensation shall be €4,342, and your resources must not exceed the following limits:

Resource ceilings

Dependants

Maximum Annual Resources

None

€17,367

1

€20,495

2

€23,622

3

€26,748

4

€29,874

Per additional person

€1,317

  FYI : if you cannot be compensated by the Civi, you can claim Recovery Assistance to the Crime Victim Recovery Service (Sarvi).

Hardware damage

General case

Compensation shall be limited to €4,342.

All of the following conditions must be met:

  • You have suffered directly or indirectly any of the following: theft, fraud, breach of trust, extortion of funds, damage, destruction or degradation of property (excluding arson)
  • You cannot obtain compensation for your loss from other organisations
  • The offence causes serious disturbances in your life (financial loss, theft of furniture...)

Your revenue must not exceed the following limits:

Resource ceilings

Dependants

Maximum Annual Resources

None

€17,367

1

€20,495

2

€23,622

3

€26,748

4

€29,874

Per additional person

€1,317

  FYI : if you cannot be compensated by the Civi, you can Recovery Assistance to the Crime Victim Recovery Service (Sarvi).

Voluntary vehicle fire

In case of destruction of the vehicle by arson, compensation shall be limited to €4,342. It is subject to all the following conditions:

  • You cannot obtain compensation for your loss from other organisations
  • The burned vehicle had to be in good standing with the vehicle's documentation (carte grise, technical inspection and insurance)
  • The offence must have occurred in France

Your revenue must not exceed the following limits:

Resource ceilings

Dependants

Maximum Annual Resources

None

€26,053

1

€29,180

2

€32,306

3

€35,432

4

€38,559

Per additional person

€2,084

  FYI : if you cannot be compensated by the Civi, you can claim Recovery Assistance to the Crime Victim Recovery Service (Sarvi).

The claim must be made by a natural person. Indeed, the Civi is not competent to examine claims submitted by legal persons (businesses, municipalities, etc.).

Filing of the application with the Civi

You must complete form cerfa n°12825.

Claim to the Crime Victims Compensation Board (Civi)

Cerfa n° 12825*05 - Ministry of Justice

The request must be sent, by registered letter with acknowledgement of receipt, to the Registry of the Civi. It must be accompanied by supporting documents (invoices, medical certificates, etc.).

The competent Civi shall be that of your domicile or the place of the criminal court seized of the offence or which has already been seized of the same offence by another victim.

Who shall I contact

If you are a French resident of the foreigner and the facts took place in the foreigner, the competent court is the court of Paris.

Victims’ associations can provide you with free information on the steps to be taken and accompany you during the legal proceedings.

You can contact the associations of the France Victims network.

The application may also be submitted by a lawyer, whose fees may be paid by legal aid.

Time limit to enter Civi

To obtain your compensation, you must enter the Civi within a certain time limit:

  • 3 years from the date of the offence, if there has not yet been a trial
  • If there has already been a trial, 1 year from final decision by a criminal court

However, the Civi may exceptionally accept an application submitted outside the deadline for legitimate reasons. This is the case if you have not been able to assert your rights in time or if you have suffered a worsening of your prejudice.

Allowance

If the file is complete and your right to compensation is not disputed, the TITF will pay you a reserve within one month of the filing being forwarded by the Civi.

If the file is not complete or if your right to compensation is disputed by the FGTI, you can request an advance on the compensation from the President of the Civi.

The request must be sent, by registered letter with acknowledgement of receipt, to the Registry of the Civi. It must be accompanied by supporting documents (invoices, medical certificates, etc.).

The competent Civi shall be that of your domicile or the place of the criminal court seized of the offence or which has already been seized of the same offence by another victim.

Who shall I contact

The President of the Civi must decide within 1 month of the request

Offer of compensation

The application is processed by the TIMF. It has 2 months from the receipt of your claim to formulate an offer of compensation. He must meet this deadline.

This offer must indicate the amount of compensation offered.

You then have 2 months to accept or reject the offer.

Response to the compensation offer

You accept the offer

If you accept the offer, it becomes a statement of agreement.

The statement of understanding shall be forwarded for approval to the president of the Civi.

If the President of the Civi accredits the enforcement.

The approval decision is yours notified at the same time as the FGTI.

The TIMF must then pay you the compensation within 1 month of notification of the registration decision.

You refuse the offer

You can request a new offer from the president of the Civi who is free to refuse without justifying himself.

If you do not receive a new offer or refuse the offer(s), the friendly phase ends.

  Warning : your silence for 2 months is denied.

Decision of the Civi

The case is still under investigation by the Civi.

It is recommended that you provide the Civi with complete information, attend the hearing or be represented by your lawyer.

The Civi makes a new decision, which enforcement.

The new decision of the Civi is notified to you at the same time as to the FGTI.

The TIMF must pay you compensation within 1 month of the notification of the new decision of the Civi, unless you challenge that decision.

You can indeed appeal against the new decision of the Civi if it does not suit you.

Appeal

You may appeal the decision of the Civi before the court of appeal within 1 month (from notification of the decision).

Who shall I contact

  FYI : the FTGI may appeal under the same conditions if it disputes the compensation granted by the Civi.