Can you be compensated with the assets of the convicted person that are confiscated?

Verified 18 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

If you are a victim of infringement and that the court has confiscated property belonging to the perpetrator, you can be compensated with the funds derived from the sale of that property.

Compensation is possible only if all of the following conditions are met:

  • You were civil party in the trial which has determined the offense
  • The accused person was convicted of the offense by a final judgment
  • The final judgment awarded you damages
  • The perpetrator did not compensate you, and his financial situation does not allow you to make seizures on his property
  • The confiscation of property belonging to the perpetrator was ordered by a final judgment
  • You have entered the Civi: titleContent and the Sarvi: titleContentBut you haven't been fully compensated.

Property and money confiscated from the offender can be used to compensate you, even if it is property purchased with money from theft or fraud.

If the perpetrator has been ordered to pay you the legal costs not borne by the State, you can also claim them from the sale of his confiscated property.

You must apply to the Agency for the Management and Recovery of Seized and Confiscated Assets (Agrasc).

The request has to be made within 2 months after the date of the judgment granting you compensation.

The request must be made by registered letter with acknowledgement of receipt.

Who shall I contact

Your application must be accompanied by documents that vary according to your nationality and place of residence:

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French

Your application must include the following documents:

  • Letter to Agrasc, written by you or your lawyer, requesting compensation on the funds managed by Agrasc, mentioning the amount in euros of the sum claimed. If you have already received an initial compensation from the Civi: titleContent or the Sarvi: titleContent, the amount already paid must be specified and deducted from the amount requested
  • Photocopy (front and back) of your ID: ID card, passport, birth certificate or birth certificate
  • K-bis extract, if the compensation concerns a business
  • Copy of the final decision (judgment, judgment). If the decision has not yet been typed and obtained from the Registry, it is appropriate to forward your request without this document, which you will send later
  • Certificate of non-appeal or non-appeal
  • RIB: titleContent or postal identity record.

European or foreigner living in France

Your application must include the following documents:

  • Letter to Agrasc, written by you or your lawyer, requesting compensation on the funds managed by Agrasc, mentioning the amount in euros of the sum claimed. If you have already received an initial compensation from the Civi: titleContent or theSarvi: titleContent, the amount already paid must be specified and deducted from the amount requested
  • Photocopy (front and back) of your identity document: residence or resident card, birth certificate or extract
  • K-bis extract, if the compensation concerns a business
  • Copy of the final decision (judgment, judgment). If the decision has not yet been typed and obtained from the Registry, it is appropriate to forward your request without this document, which you will send later
  • Certificate of non-appeal or non-appeal
  • RIB: titleContent or postal identity record.

European or foreigner living outside France

Your application must include the following documents:

  • Letter to Agrasc, written by you or your lawyer, requesting compensation on the funds managed by Agrasc, mentioning the amount in euros of the sum claimed. If you have already received an initial compensation from the Civi: titleContent or the Sarvi: titleContent, the amount already paid must be specified and deducted from the amount requested.
  • Photocopy (front and back) of your ID: ID card or passport issued by your country or birth certificate
  • K-bis extract, if the compensation concerns a business
  • Copy of the final decision (judgment, judgment). If the decision has not yet been typed and obtained from the Registry, it is appropriate to forward your request without this document, which you will send later.
  • Certificate of non-appeal or non-appeal
  • RIB: titleContent or postal identity statement

Agrasc cannot pay cash: compensation is only by bank transfer.

If you do not have a bank or postal account, you can request in writing (with your first names, surnames, address, date and signature) that the money be paid into your lawyer's third party account (Carpa account). You can also request the opening of a bank or postal account by claiming your right to account.