The Guarantee Fund for Victims of Acts of Terrorism and Other Offenses (FG) was created by the law of 6 July 1990 to compensate the aforementioned victims.
There are two compensation schemes:
that of victims of acts of terrorism: bodily injury (death, injury) is fully repaired, compensation being fixed and paid by the FG in agreement with the victims (this scheme will not be studied here)the victim of other offenses: the victim or his successors (if deceased) must in this case obligatorily address the Tribunal de Grande Instance, more precisely the Commission for Compensation of Victims of Offenses (the CIVI ), a written request.
He may turn against the person responsible for the damage instead of the victim.It is said that he is subrogated in the rights of the victim.
The victim (or his successors in case of death) can be compensated under certain conditions.
The period is three years from the date of the offense, possibly extended by one year from the date of the last penal decision.If the victim or his dependents have not been able to assert their rights within the required time, if they are aggravated or for any other legitimate reason, they may ask to be removed from foreclosure.If the perpetrator is ordered to pay damages, the period starts from the date of the court’s notice, that is to say from the moment the victim is notified of the possibility of filing a complaint with the CIVI.
The victim must prove that the damage suffered is the result of facts, whether intentional or not, that are materialistic to an offense. The law therefore applies not only to willful acts, but also to the improper or negligent behavior of the offender.
In the case of an injury to property, the facts must be qualified as theft, fraud, breach of trust, extortion or destruction, degradation or deterioration of property
Moreover, the law excludes from its domain damages resulting from acts of terrorism, traffic accidents occurring on French territory, hunting acts and diseases related to asbestos
Place of the offense and nationality
If the offense has been committed on the national territory (Metropolitan France, DOM, TOM) may be compensated: persons of French nationality, nationals of a Member State of the European Community, persons of foreign nationality legally residing in France. day of the facts or the request made to the CIVI
If the offense was committed abroad, only persons of French nationality will be able to benefit from compensation
What happens if a fault of the victim can be withheld
The victim’s fault (violent or aggressive behavior, insults, etc.) may result in the exclusion or reduction of compensation and is enforceable against the rights of the deceased victim
Nature and severity of the damage
Two totally different situations arise
In the event of serious harm to the person, the victim can obtain full compensation for the damage resulting from these injuries if the events resulted in either death or a total temporary disability (TTI) of at least one month or an incapacity permanent partial (IPP), or constitute an offense of sexual assault / abuse or rape … The CIVI will deduct from the amount allocated benefits paid by social organizations, mutual insurance.
In the case of minor personal injury and material damage resulting from theft, fraud, breach of trust, extortion or the destruction, deterioration or deterioration of a property, if victim suffered bodily injury resulting in total incapacity for work of less than one month or material injury resulting from any of the above-mentioned offenses, the compensation will be subject to strict conditions and a