How does the compensation procedure work ?
The procedure for compensating victims of crime includes a mandatory conciliation phase. The claim is forwarded by the clerk’s office to the Guarantee Fund for Victims.
The Guarantee Fund for Victims must present you with an offer within 2 months of receiving the complete claim.
*If the offer is accepted, the record of agreement is sent to the Chair of the CIVI for approval. This statement is then enforceable; it is considered a ruling. You are informed of the decision, as is the Guarantee Fund for Victims, which makes the payment within one month.
Please note: If the victim is a minor or an adult under guardianship, you must request the agreement of the Family Court Judge and send it, together with the signed records of agreement, to the Guarantee Fund for Victims.
*If the offer is refused, there is no response to the Guarantee Fund for Victims’ offer within 2 months, approval is refused, or a reasoned refusal is given by the Guarantee Fund for Victims, the compensation procedure becomes a legal one.
The CIVI then examines the request and studies the documents produced.
The parties (the victim or their lawyer, the Public Prosecutor, and the Guarantee Fund for Victims) shall submit their arguments no later than 15 days before the hearing. The applicant and the Guarantee Fund for Victims must be summoned at least 2 months in advance.
After debate in a non-public hearing, the CIVI’s decision to compensate or reject the claim is delivered to you and to the Guarantee Fund for Victims, which pays, if applicable, the compensation awarded in the month following this notification.
Both you and the Guarantee Fund for Victims have the right to appeal. This appeal must be lodged through a lawyer within one month of notification of the decision. Your request is then re-examined by the Court of Appeal, on which the CIVI depends.
Please note: If you are represented by a lawyer, letters and, if applicable, the settlement will be sent directly to them.