The civil party is the person who considers himself the victim of a infringement and who intervenes in the legal proceedings to obtain compensation for his loss. To do so, it must to be a civil party.

You can to be a civil party if you are a victim of damage caused by a crime, one offense or a contravention.

The constitution of civil parties may be made during a trial before the criminal court or the court of assize, on correctional court or the police court,

As a civil party, you can request damages in compensation for your damage. Such harm may be moral, economic or bodily.

You can also request the return of stolen items.

You are kept informed of the status of your file. You can ask for hearings, expert opinions or any other measures useful to discover the truth.

All natural person may become a civil party in a criminal trial. The legal persons (business, association...) or legal persons governed by public law (town hall, prefecture...) may also be civil parties.

One minor child may not be a civil party on its own. It is his legal representatives (parents or guardians) who must do so on his behalf. If the public prosecutor considers that his interests are not protected by the legal representatives, he shall appoint a ad hoc administrator to make representations on his behalf. This is the case when the parents are the perpetrators of child abuse.

One emancipated minor may bring a civil action on its own.

One person under guardianship shall institute civil proceedings with the assistance of its curator.

For a person under guardianshipYeah, it's his guardian who has to act for her. If the guardian or curator is presumed to have committed an offense against the protected adult, the public prosecutor shall ask the protection litigation judge to designate a representative ad hoc. The same applies if the victim is the guardian or curator.

One indirect victim of an offense may also apply to become a civil party to obtain compensation for the damage caused. For example, the sister of a child who died as a result of infanticide by one of her parents is an indirect victim. She is suffering harm as a result of the death of her brother or sister.

It is the court that decides whether or not the application for the formation of a civil party is admissible.

You may bring a civil action before the criminal court until a judgment has been given.

The formation of civil parties may take place:

• At the time of filing of complaint
• Or during the direct quotation
• Or when filing civil party claim
• Or to the examining magistrate during the training phase
• Or during thesurvey
• Or at the hearing.

Depending on when you bring a civil action, it's done differently.

If a stolen object was found, or if it was placed under sealed, you can request your restitution during investigation or after trial.

You can use a form:

Request for the return of an object placed in the hands of the court

You must complete it and send it to the court with supporting documents and a copy of an ID.

Representation by counsel

You don't have the obligation be assisted or represented by a lawyer.

One lawyer may be designated by the president at your request.

If you want one but don't have enough income to pay for it, you can apply for thelegal aid.

Interpreter

If you don't speak French, you can ask to be assisted by an interpreter.

Discontinuance of the formation of civil parties

You can withdraw of your civil party's constitution before or during the hearing.

Before the hearing, the request is made in writing to the competent court.

At the hearing, the request is made orally.

The judgment that finds the withdrawal is you signified.

Appearance at the hearing

You you do not have to attend the hearing, if you send your civil party's constitution accompanied by a quantified claim for damages before the hearing.

If you are a civil party without quantifying the damages and you are absent from the hearing or not represented by a lawyer, the judge may consider that you are quit of your request.

The civil party, convened by quotation who does not appear or is not represented by counsel is considered to be withdrawing of his request.

The judgment establishing the withdrawal shall be signified to the civil party.

Address concealment

If you don't want your address to be known to the perpetrator, you can specify another address (we're talking about address for service or domicile elected).

This address may be that of a third party or that of your lawyer provided that they have given their agreement in a certain way (in writing) and that they are within the jurisdiction of the court seised.

Follow-up and copy of the procedure

You can read the progress of your case through your lawyer.

You can request a copy of your file as soon as you become a civil party. The first copy is free.

Hearing postponed

You can ask postponement of the hearing if you are unable to attend (for example if you are hospitalized).

If your claim is not in a state to be judged, the hearing will on civil interests may be postponed at your request or on a proposal from the judge. In this case, the court decides on the criminal conviction and refers the civil interest file to a later date.

For any postponement request, you must justify the reason (hospitalization, missing documents...). The court decides whether the deferral is accepted or denied.

Admissibility of the lodging of a civil party

The court, the defendant, on public prosecutor's office or another civil party may challenge your civil party constitution. This can happen if you can't prove that you've been harmed or that your credentials are unfounded.

The court decides whether your civil party is admissible and the amount of damages awarded to you.

Compensation for damage

The constitution of civil parties allows for the application of damages, to repair:

• One physical damage, that is to say, an attack on the health or physical or mental integrity of a person (injury, infirmity, etc.)
• One material damage, i.e. damage to property (damage, damage to property, loss of income or of a component of the property)
• One non-material damage, i.e. psychological damage (suffering related to the loss of a loved one).

To obtain compensation, you must justify the link between the commission of the infringement and the harm suffered. For example, your phone is stolen, you have to justify that the phone belongs to you by presenting an invoice in your name.

If the court cannot rule on your claim for damages (for example, if it lacks expertise), it can grant you a provision.

Restitution of objects

You can ask for the restitution of objects placed in custody of the court during investigation or after trial.

You can use a form:

Request for the return of an object placed in the hands of the court

You must complete it and send it to the court with supporting documents and a copy of an ID.

Debate at the hearing

If you are a civil party, you can no longer be heard as a witness.

You can intervene in debates by asking questions to the perpetrator, to the experts, to the witnesses...

If you have a lawyer representing you, that's through them.

Appeal of the decision

You can make call of the decision, but only with regard to thecompensation for your damage or the application for refund of objects.

You cannot appeal the criminal conviction (prison, fine...).

Payment on assets confiscated from the convicted person

You can ask theAGRASC the payment damages and legal costs not reimbursed by the State on the seized and confiscated property and money to the sentenced person  :

• If the sentenced person has not complied with the decision
• And if the Commission for the Compensation of Victims of Crime (Civi) or the Sarvi: titleContent did not allow you to be compensated.

Information in the event of a change in the execution of the sentence of the convicted person

When the sentence of the convicted person is changed, the court will notify you of this request unless you have indicated to the court that you do not wish to do so.

In the event of an application for temporary or permanent release, you may address your observations to the court in the 15 days from the notification of this information.

Reimbursement of costs

Unless the court decides otherwise, you can claim certain costs as a civil party:

• Flat-rate attendance allowance
• Lump sum compensation for lost wages
• Lump sum subsistence allowance
• Transport costs
• Advance on travel expenses.

To get your expenses refunded, you need to produce supporting documents (confirmation from your employer that he does not pay you the day of your appearance, transport ticket...). It's to be addressed to the court you appeared before.

A case may be brought before the Judge for Victims (Judevi):

• In case of difficulty in enforcing the decision (for example in case of non-payment of damages...)
• To obtain information on the execution of the decision by the convict (date of release from prison, his obligations after release from prison...).

In case of difficulty in the execution of the decision (compensation, prohibition to appear in certain places...), you can apply to the Judevi, by sending it a letter.

He can seize the Jap: titleContent by order when the convicted person does not respect his obligations to you. It's at the Jap: titleContent make a decision, and inform Judevi within one month. The Judevi has 15 days to inform you of the decision of the Jap: titleContent.

Decisions and orders made by Judevi are not subject to appeal. These are judicial administration measures.