The victims of domestic violence are entitled to compensation from the perpetrator for the damages and moral suffering caused, as well as from the State.
The claim for compensation – damages and/or moral compensation – against the perpetrator may be submitted in two ways: during criminal proceedings and as a separate civil claim.
Compensation during criminal proceedings
A victim may request compensation at any time during criminal proceedings, in the form of an application to the prosecutor or the court, depending on the stage of the criminal proceedings. This application is called a civil claim for compensation. To obtain compensation during criminal proceedings, the victim must apply to be a civil party because compensation will not be granted automatically as a result of the perpetrator’s conviction. The civil party status will be granted by the criminal court if the victim has suffered as a result of the offence.
The victim may apply to become a civil party before or during the trial:
- Before the trial: This application can be made at any time during the pre-trial stage of criminal proceedings, for example during the investigations or after having filed a complaint at the police station. The civil claim can also be made right before the trial, by sending a letter to the court with all supporting documents.
- During the trial: At the beginning of the trial in the court of first instance, the victim may apply to become a civil party orally when the case is raised by the court president or by submitting a written application. The victim may apply only up to the time that the public prosecutor intervenes and asks the judge to condemn the perpetrator.
The victim can ask for compensation for all harmful consequences caused directly by the offence. This includes compensation for any kind of loss: material, physical or moral damage.
The amount of damages must be supported by evidence, for example, receipts for hospitalization, other medical care, medication and others. The amount of the moral compensation claimed needs to be indicated in the application. Indeed, the victim who wishes to obtain compensation must compile a file containing an assessment of the amount of compensation for each loss (moral, financial, physical). The assessment must include the costs directly related to the damage suffered. The victim must also prove that:
- the damage was directly caused by the offence (hate speech) committed by the perpetrator
- the person from whom the victim is claiming compensation is responsible for the loss
- the damage is real and undeniable
- the damage concerns the victim personally
The decision on the amount of compensation awarded is made by the court simultaneously with the decision on the criminal responsibility of the perpetrator. If the court denies the claim fully or in part, the court’s decision may be appealed in the court of appeal, and afterwards in the Court of cassation. The civil party can only appeal on the basis of their civil action, which means that they can challenge the amount of compensation received but not the sentence imposed on the perpetrator or the acquittal. If the claim for compensation is denied fully or in part after all instances of the criminal court, the victim may still submit the claim in civil court for the amount of compensation that has been denied by the criminal court.
important If the victim has referred the matter to the civil court, they cannot appeal to the criminal court for the same complaint, unless the public prosecutor has initiated criminal proceedings before the civil court has ruled on the merits.
Compensation as a separate civil claim
A victim may submit a claim for compensation as a separate claim in civil court. To bring a claim to the civil court, it is not necessary for criminal proceedings to be initiated. It means that if the victim does not want to commence criminal proceedings or if the act of domestic violence does not qualify as a criminal offence under the Criminal Code, the victim of domestic violence still has the right to receive compensation for the physical and material damages and moral suffering caused by the perpetrator.
The claim in civil court may also be brought, if such claim has been denied during criminal proceedings, in which case the victim is exempt from paying the state fee for submitting the claim.
Compensation from the State
Victims of domestic violence are entitled to state guaranteed compensation according to the Code of Criminal Procedure. The victim may apply for state guaranteed compensation only in cases where the criminal proceedings were initiated, the person has obtained the official status of a victim in those proceedings and the perpetrator is not identified or fails to pay the compensation.
In that case, the victim must apply for compensation from the Commission for Compensation to Victims of Offences or CIVI (“Commission d’indemnisation des victimes d‘infraction”) using a special form, which forwards the application to the Victims' Guarantee Fund or FGTI (Fonds de garantie des victimes). The application must be accompanied by all supporting documents (medical certificates, invoices etc.).
The procedure is as follows:
- The victim must apply to the CIVI of their place of residence or that of the criminal court who ruled on the offence.
- The victim can make this application up to one year after the final court decision on the criminal offence.
- The application is processed by the FGTI who has 2 months to take a decision and make an offer on compensation.
- The victim then has 2 months to accept or refuse the offer. If the victim accepts the offer, the FGTI will pay the compensation within one month. The victim can also request a new offer from the CIVI or refuse the actual offer without requesting a new one.
- If the disagreement continues, the CIVI will continue the investigation and will give a new decision which can be further appealed before the Court of appeal within one month.
Read more about the CIVI and FGTI.
If the CIVI is unable to pay compensation, the victim can apply to the Offence Victims Recovery Assistance Service or SARVI (“Service d'aide au recouvrement des victimes d'infractions”) using another form. The SARVI will pay the total or partial amount of compensation granted by the Court and will then collect it back from the perpetrator.
There are three conditions for the SARVI to intervene:
- The victim is an individual who has obtained a decision from the criminal court awarding damages and eventually the reimbursement of all or part of the trial costs.
- The victim cannot be compensated by the CIVI. After the victim has made an application to the CIVI which has been rejected, the victim may only refer the matter to the SARVI up to one year after the CIVI’s decision.
- The convicted person has not paid the amount of the compensation within two months of the final sentence.
Read more about the SARVI.
Compensation & Human rights
Compensation to victims is one of the components of proper redress in cases where they have suffered from physical or emotional violence. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations may result in a violation of the right to an effective remedy.