Weakness abuse

Verified 03 October 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You bought a sofa at a high price after a home visit from the seller? You may be the victim of a abuse of weakness or a abuse of state of ignorance. These abuses can lead to an act or abstention that is seriously detrimental to the victim. We present you with the information you need to know.

Elements of the offense

Abuse of weakness or abuse of ignorance is one offense.

This offense exists if 3 elements are present:

  • Vulnerability of the victim
  • Abuse committed by the perpetrator
  • Injury suffered by the victim.

This is the case when a person benefits from the vulnerability or to cause it to do something or abstain from doing something that is contrary to its interests.

Vulnerability must be visible or known to the perpetrators.

Vulnerability may be due toage (minor, elderly), the disease, thedisability, on physical or mental handicap or thepregnancy status. It may also be a temporary or long-term depressive state.

The victim is unaware of his actions and ignores the consequences.

For example, an older person may not be aware of the financial consequences of his or her employment. The same applies to minors who enter into a contract without having the legal capacity.

The victim may also be in state of psychological or physical subjugation, in case of severe and repeated pressure or techniques interfering with his judgment (in the cults for example).

FYI  

There is a special protection of elderly people and sick people. He is forbidden to make a donation or a will in favor of health professionals, for example, a doctor, a nurse, a care assistant, a pharmacist... Only small gifts are possible (chocolates, for example).

Examples of abuse of weakness

Abuse of weakness or abuse of ignorance can take various forms:

  • Unnecessary sale, for example, the subscription of an internet subscription by a person who does not have a computer
  • Selling a house for a price well below its real value
  • Large and unusual remittances of money (transfers, checks, payment by credit card, bank withdrawals), without any real consideration
  • Signature of a bank power of attorney to a person who does not understand French
  • Psychological pressure exerted on a person, under the influence of a cult, to push him to refuse the medical care necessary for his survival. The same applies to a third party (neighbor, friend) or family member. These pressures must lead the victim to do something that is contrary to his interests.

In the case of a commercial contract, there may be a abuse where the commitment of the consumer is obtained in the following circumstances:

  • Home visits (tricks or tricks can be used to convince the consumer to buy a good or sign a contract of employment)
  • Following a canvassing by telephone (possible constraint) or following an offer made at home, to go to a place of sale, with particular advantages (gifts, discounts...)
  • On meetings or excursions organized by the perpetrator
  • In a place not intended for the marketing of the good or service (parking, hotel, etc.) or in the context of trade fairs (or trade fairs)
  • In a emergency situation having made it impossible for the consumer to consult a qualified trader and entailing a momentary vulnerability (e.g. locked lock, car or heating failure).

Abuse of weakness or abuse of the state of ignorance shall be punished by 3 years in prison and €375,000 of fine.

When abuses are committed by the head of a sectarian association, the penalties are 5 years in prison and €750,000 of fine.

When abuses are committed by members of a sectarian association in organized band, the penalties shall be 7 years of prison and €1 000 000 of fine.

Additional penalties may be ordered: prohibition of exercising a professional activity, posting of the judicial decision, closure of an establishment...

FYI  

The accomplice of these abuses risks the same penalty as the author facts.

The victim has several actions at his disposal.

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Amicable settlement of the contract

The contract can be canceled for defect of consent.

The cancelation request may be made on free paper following a model:

Request cancelation of a home sale for abuse of weakness

The request may be addressed to the trader concerned.

If annulment of the act is requested, the victim must prove abuse of weakness or abuse of ignorance, by any means. For example, it can be a medical certificate indicating his vulnerability on the day of the contract engagement.

The victim can request the cancelation of the fraudulent contract and the restitution of the money paid. It can also seek damages to compensate for his loss.

Please note

From the judgment of curatorship, guardianship..., there may be an application for reduction or annulment of the acts passed by the middle-man. This is possible only if an abusive contract or document has been signed by the middle-class, in a two-year period maximum before the protection order.

The victim has 5 years to request the nullity of the contested act.

In the event of the death of the victim, the action may be brought by his heirs only if the victim's damage existed before his death.

If the victim is minor at the time of the events, the period of 5 years from the date of his majority.

If the victim is a protected major, the prescription of 5 years from judgment who decides on the measure of guardianship or curatorship.

Judicial termination of the contract

The victim may to bring proceedings before the court of justice to request the judicial resolution of the contract.

It may also request damages.

She must prove that the author's abuse and its consequences are intentional and that he knows his vulnerability.

Before the judicial court, the victim must be represented by a lawyer except in certain cases.

It must refer the matter to the court by subpoena or by request.

Filing of complaint

The victim may lodge a complaint for these facts.

If the victim is minor, she can do this gait alone or accompanied by of his parents.

If the victim is under guardianshipNo, it's the guardian who files a complaint on his behalf.

If the victim is under trusteeshipThe curator assists him.

The complaint must be filed in a six years from the day on which the acts were committed.

Whether the facts have been repeated by the authorHowever, it is the last act committed that will start the deadline.

If the facts were concealed by the authorHowever, this is a cause of delay which cannot exceed 12 years from the fact-finding commission.

The victim (or his representative) may claim compensation for his loss. To do this, it must be constituted civil party during the proceedings and up to the hearing.

It may seek compensation for one or more of the following:

  • Amount of the price of the property or money diverted
  • Damages for the deprivation of the object and for non-material damage
  • Amount to cover the costs incurred for the trial.

If the victim becomes a civil party, they have to quantify their claims.

On the spot

To file a complaint, the victim can go to the police station or to the gendarme of his choice.

Who shall I contact

Police or gendarmerie services are obliged to register the complaint.

The complaint is forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).

The victim can fill out a online pre-complaint before you move.

Online Pre-Complaint

Then, It is necessary to sign the complaint on-site in the police station or the gendarmerie brigade which was chosen in the pre-complaint.

By mail

The complaint is filed with the public prosecutor.

To do this, you must send a letter to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

The mail shall specify the following:

  • Civil status and full contact details (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Evidence: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.

The complaint can be filed on open paper using a template:

File a complaint with the public prosecutor

The complaint can be sent by registered letter with acknowledgement of receipt (RRA), by simple letter or by letter followed.

It is possible to file the complaint directly at the reception of the court.

In any case, a receipt is issued as soon as the Office of the Public Prosecutor has registered the complaint.

Who can help me?

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