Law

Personal Protection

Personal protection is taking personal responsibility for the safety and security of yourself and that of those close to you. The personal protection mechanisms are built mainly on four fundamental concepts, which are:

  • Be prepared
  • Staying alert to the surrounding at all times
  • Take steps to reduce the chances of you becoming a victim of insecurity or a disaster
  • Plan for safety procedures to mitigate and minimise the consequences in case of risks like accidents, crime or terrorism, and disasters.

All these concepts are applicable in a variety of settings at home while driving, at the workplace and in many other common places.

 

Ways to prevent assault and sexual assault

Keep yourself an arm’s length distance between the person who makes you feel uncomfortable. Although for personal protection you may need twice as much as an arm’s distance to be safer because an attacker can lunge at you and in a fraction of a second hold a grasp of you, so for your safety, keep a distance of about six feet to give yourself a safety zone between you and the potential aggressor. The fact of the matter is that unless the attacker is using a gun, he cannot reach you. If a stranger gets too close to you, do yourself a favour and move away, stay between an object like a car, a table, a bench or any other obstacle. Most attackers use ambiguous social situations to get too close to the victims, so never regret interpreting the first moves of strangers as potential dangers.

 

VIP protection and antiterrorism

There are specific safety techniques that security personnel such as airport security officers, power plant specialists, and military security personnel follow to ensure safety. They include the following:

  1. Be familiar with all the security equipment within the surroundings for them to utilise when there is a need and use them correctly. While this point may look simple, it is common to find that security equipment has always been used the wrong way and for several reasons.
  2. Check the equipment regularly and perform regular tests at certain intervals. This may be done by overlapping the tests, i.e. let the tests be done by different individuals from different operational levels like supervisors, technicians, and the intended users regularly.
  3. A personnel assignment rotation is for implicit checks and communication to ensure alertness and correct usage, familiarity with the safety equipment.
  4. Check all the areas and ensure the materials and personnel being protected is in order. Take control of every aspect of security, for example, know in advance the departures and arrivals.
  5. Maintain weapons and security equipment in their place all the time. So that they can be utilised spontaneously as the need arises. It will only make sense if this equipment is accessible when they are needed.
  6. Know the implication of employing security weapons on all occasions. Check out their legal constraints before using them. Nuclear weapons, for example, must not be used anyhow because of the legal implications against their usage.
  7. The security providers should be aware of what belongs to where to so that they can detect foreign objects within the guarded areas, for example, explosives and more.
  8. Take cover in case of an emergency, ensure you are behind an object or concealment utmost.
  9. Choose to stand in positions with the greatest visual vintage which may be at the corner of a room or an elevated position.

If you fear a security threat, Exclusive Protection offer personal protection.

The Compensation Commission for Victims of Offenses

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