The Compensation Commission for victims of offenses (civi )
During a stay in a foreign country, you are the victim of an offense that caused you bodily injury. What to do?
In principle, the applicable law is that of the place of the offense which implies to take advice from a foreign lawyer who will defend your interests before the jurisdiction of the country where the offense was committed.
The path to obtain compensation for his loss becomes more complex, as a result of the fact that the offense was not committed on French territory.
It is even more complex when there is no trial or the perpetrators of the offense have not been identified.
Should we then consider that the French victim of an offense abroad has no further recourse?
The answer is negative because the French legislator provided the possibility for certain victims of corporal offense committed abroad to seize a French jurisdiction, the Commission of Compensation of Victims of Infractions (CIVI ), which will rule according to the rules of the French law even if the author is not found, regardless of the place of the offense.
In its judgment of 3 June 2004, the Court of Cassation recalled that the French legislation concerning the compensation of victims of crime by the CIVI institute a right to compensation for damage resulting from an offense committed abroad, this law being intended to provide compensation based on national solidarity.
However, the referral to the Commission for the Compensation of Victims of Infractions supposes that certain conditions are fulfilled.
To appeal to the Commission for the Compensation of Victims of Offenses, it is necessary to have French nationality.
In addition, the injuries suffered must have some seriousness and have resulted in permanent disability (sequelae) or total incapacity for work equal to or greater than one month or death .. Otherwise, without fulfilling these criteria of gravity, any victim of sexual aggression is admissible to act before the CIVI.
In addition, it is necessary to establish the existence of an offense.
Finally, it is appropriate to act within three years of this offense under penalty of prescription.
The existence of such a mechanism created for French victims of offenses committed abroad is to be welcomed, a mechanism which unfortunately remains little known.