Commission of compensation for the victims of infringements

The Commission of compensation for the victims of infringements ( CIVI ) is a Institution charged to examine the compensation requests of the Victime S of some Infraction S (or of their having rights), when those cannot obtain a repair, effective and sufficient of their Préjudice, by the Assurance S or the organizations of Social security.

Conditions

Integral compensation

Any victim can be completely compensated, whatever its resources if:

it was victim of an aggression having involved a permanent Incapacité or a Total work incapacity at least equal to one month,
it was victim of a Viol, of a Sexual assault or of Indecent assault,
one of its close relations (joint, parents for example) is deceased following the one of these infringements.

Partial compensation

A partial allowance can be granted to the victim, if it underwent:

a physical injury causing a sick leave or of activity of less than one month,
a flight, a Swindle, a Breach of trust, a Extortion of money or the deterioration of a good belonging to him.

For that, it must meet the following conditions:

its resources monthly must be lower than the amount of the ceiling of the jurisdictional Aide partial (1 288 EURO in 2005) increased according to the nombvre people with loads.
the compensation for its damage by its personal insurances, its mutual insurance company, its social security or any other debtor appears insufficient or impossible
the facts must have involved in its life of the serious disorders.

The compensation, in this case, is reached a maximum with three times the ceiling of resources fixed for attribution for the jurisdictional Aide partial.

Recipients

If the infringement were made on the national territory, can be compensated:

people of French nationality,
nationals of the European Union and European Economic space,
people of foreign nationality in regular stay (at the day of the infringement or the compensation request).

If the infringement took place abroad, only the people of French nationality can profit from the compensation.

Procedure

Compensation request

The victim must address its request, with the choice, near the CIVI:

on which its residence depends,
which judged the infringement,
which was already seized by the same infringement by another victim.

This commission sits near the Court of Bankruptcy.

The time to respect to present its request is three years as from the date of the infringement. If a legal procedure were engaged, the time is one year as from the last legal decision.

The compensation request must be made either by Lettre with acknowledgment of delivery addressed to the clerk's office of the Commission of compensation for the victims of infringement, or via a lawyer.

Friendly phase

After having checked the admissibility of the request, grafts it of the CIVI transmits it directly to the Guarantee funds victims of infringements (FGTI). This last has two months, as from the reception of demand, to present of compensation to the victim. The offer must indicate the evaluation retained by the Guarantee funds for each called upon damage and the amount of the allowances offered.

The victim has two months to accept or refuse the offer.

In the event of acceptance of the offer: the Guarantee funds transmits the report of agreement to the president of the Commission of compensation which it homologous, i.e. it validates officially the agreement so that it can be carried out. The decision of homologation is notified without delay by registered letter with notice of receipt to the applicant and the Guarantee funds.

In the event of refusal of the offer: the friendly phase ends. The silence of the victim, within two month as from the presentation of the offer, is worth dissension.

Contentious phase

In the event of failure of the friendly phase, the instruction of the business continues near the Commission of compensation. It indicates one of its members, a magistrate, to inform the file. The applicant or his lawyer, and the Guarantee funds put forward their written arguments and at the time of the audience of pleading.

Once the decision returned by the Commission, the Guarantee funds is charged to pour the allowance within one month as from the Notification of the decision or the homologation of the report of agreement.

The victim, like the Guarantee funds, can make call of the decision of the Commission in front of the Court of Appeal within one month as from the notification of the decision.

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