The rights of victims of a criminal offence

Right to be treated with respect and dignity

During the legal proceedings, the victim should be treated with respect and dignity. Regardless of the situation and context in which victims find themselves, they are entitled to their rights. Introduced by the Universal Declaration of Human Rights in 1948, dignity is the principle that every human being should be treated with respect, care, and consideration. Not harming the individual means not offending them unnecessarily or judging them hypocritically. Neither the judge nor any other person involved in the trial may make defamatory statements about the victim. Lawyers must defend the interests of their clients without prejudicing the other side, and judges must decide the case without humiliating or demeaning the victim and the accused.

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Right to privacy

During the trial, the victim has the right to privacy. Privacy includes a person’s social, family and personal life, their health, beliefs and financial situation. It covers not only what happens at home, but also what happens in public places in situations that affect their privacy. This is a fundamental right that cannot be undermined. It guarantees that a person may live peacefully and control their own privacy. Violation of privacy is punishable by the payment of damages. The fine may even be as much as €45,000 and one year’s imprisonment if someone’s privacy has been violated by the recording and transmission, without their consent, of private words or images about them. During the judicial investigation, the judge is bound to secrecy. They must protect the life and privacy of both parties. Furthermore, trials are open to the public, but this does not mean that the victim’s privacy will be revealed to the general public if it is not part of the evidence. If the protection of the victim’s privacy so requires, the trial may be held in a closed chamber. There are some cases that rightly cannot be conducted in open court. For example, cases that would impede public order, morality, or security. Prior to the ruling, the press is not allowed to disclose details of the procedure, report on court decisions, or transmit videos and images of the trial, unless authorised by the judge.

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Right to information about rights from the first contact with the competent authority

Victims should be given full information about their rights in clear and accessible language. In France, from their first contact with a competent authority, victims will receive all the information necessary to assert their rights. Article 10-2 of the Code of Criminal Procedure lists ten aspects of the victim’s right to information, which must be explained to the victim during the investigations by officers and agents of the judicial police by any means; it is about informing victims of their rights: 1° To obtain reparation for the harm they have suffered, by means of compensation or any other appropriate means, including, if necessary, restorative justice; 2° To register as a civil party either during a public prosecution filed by the State Prosecution Service, by issuing a direct summons for the perpetrator to appear before the competent court, or by filing a complaint before the Investigating Judge; 3° To be assisted, if they wish to register as a civil party, by a lawyer of their choosing or who, at their request, is appointed by the President of the Bar Association of the competent court, the costs being borne by the victims unless they are eligible for legal aid or if they have legal protection insurance; 4° To be assisted by one or more public authorities or by a victim support association approved under conditions defined by decree; 5° To refer the matter, where appropriate, to the Crime Victims Compensation Board (CIVI), when it concerns an offence referred to in Articles 706-3 or 706-14 of this same Code; 6° To be informed of the protection measures from which they may benefit, in particular the protection orders provided for in Title XIV of Book I of the Civil Code. Victims are also informed of the penalties for the perpetrators of violence and the conditions for enforcing any sentences that may be handed down; 7° For victims who do not understand French, to have an interpreter and a translation of the information required to exercise their rights; 8° To be accompanied, at their request, at all stages of the procedure, by their legal representative and by an adult of their choice, unless the competent judicial authority decides otherwise with good grounds; 9° To declare the address of a third party as their home address, subject to the latter’s express agreement. However, where the victim is a person in a position of public authority or entrusted with a public service mission and the offence was committed due to their functions or mission, they shall be informed that they may use their professional address without the need for this agreement. 10° In the case of victims of violence for whom a medical examination has been requested by the judicial police or a court official, to be given the medical examination certificate describing their state of health. These rights are listed in the receipt issued after the victim files a complaint.

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Right to be heard

First of all, when victims file a complaint, they can provide as much information and evidence as possible to the judicial police. During the investigations, the police or the Public Prosecutor may ask victims to return to the scene or to add additional details that they may have overlooked when filing the complaint. During the trial, victims will be able to testify, i.e. to explain verbally what they have suffered and experienced, and to answer the questions put to them. Victims who have registered as a civil party can therefore influence their own trial because they are fully a part of it: they have the right to be heard at the different stages of the procedure, to consult the case file, provide information that may be required for the investigations, and help uncover evidence. In addition, the competent authorities can ask any victim, even if they are not a civil party, to provide more details if they need further clarification of the facts.

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Right to interpretation and translation

During a criminal trial in France, the language used to communicate is French. However, victims may not speak this language. Similarly, they may have a disability such as deafness or be mute. In such cases, the law establishes the right to an interpreter and a translation of the essential documents in the case file, necessary for the exercise of the victim’s rights. Translators and interpreters are sworn experts, named in a list drawn up by the Court of Appeal. They are paid by the court. The interpreter’s task is to translate what the judge and the various participants in the trial say, to ensure that the procedure is properly understood and that the best possible judgement is reached. Thus, if a witness does not speak French, the interpreter will translate the questions put to them as accurately as possible, and conversely, the interpreter will translate to the judge, in the most precise terms, what the witness has answered. In order to make use of this right to interpretation and translation, the victim must apply for it. The judge should check that the victim does not speak or understand French. If the victim has a disability, such as deafness, verbal translation may be provided. The use of an interpreter should be recorded in the report of the trial. If, however, victims do not specify that they do not speak or understand French, it is up to the investigator to determine this before the trial begins. During the court trial, the judge or the victim may challenge the interpreter and the quality of the interpretation. In this case, the authority in charge of the case may choose a new interpreter.

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Right to be accompanied by a victim support association

Throughout the criminal proceedings, victims have the right to be accompanied by an approved victim support association, which will provide psychological, social, and legal support. It is important for victims to feel supported and accompanied. This support is free of charge and the meetings are confidential. France Victimes victim support associations, which are specialised in judicial accompaniment of victims, can be found within judicial tribunals and some Courts of appeal, in the Victim Support Offices, in order to support victims during trials. In addition, there is a national victim support number, 116 006, which is an EU-wide number. There is no charge for calling this number, and it is available 7 days a week from 9 a.m. to 8 p.m. The professionals working on this helpline provide a sympathetic ear, answer victims’ questions and refer them to the most appropriate structures to meet their needs. To find your nearest France Victimes victim support association, click here. There are also other specialised associations that can intervene to support certain victims (e.g. women victims of domestic violence, child victims, etc.).

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Right to be accompanied by a legal representative and an adult of your choice

Any victim may be accompanied by their legal representative and by an adult of their choice (at all stages of the investigations – Article 10-4 of the Code of Criminal Procedure, at all stages of the procedure – Article 10-2 of the Code of Criminal Procedure), unless the competent judicial authority decides otherwise, with good grounds. The legal representative will be responsible for taking action on behalf of a victim who is a minor. They will be able to sign for the victim and submit documents. The person accompanying the victim may be a relative (family, partner, friend) or a victim support professional. This means any third party, who must be an adult, who will be a reassuring presence for the victim; they cannot intervene in the procedure and do not represent the victim. The victim support professional, who works for a victim support association, will also be able to provide the victim with information about the procedure and answer any questions. Support by a victim support professional is in addition to the work of the lawyer, and in no way replaces it. For more information on the accompaniment of victims, please watch this video (in French): WithYou_Videospot.mp4

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Right to declare a third party’s address as a home address (with their consent)

In order to be a party to the proceedings, the victim must register as a civil party, which in particular means they must declare their home address. They may declare their personal address or that of a third party of their choice, subject to the latter’s express agreement (which may be obtained and formalised by any means). That person will then be responsible for receiving the documents sent to the victim in the course of the procedure and, above all, for notifying the victim without delay of their receipt. A victim who is afraid of revealing their personal address can declare the address: For example, of their lawyer, if they have one, Or an association at whose headquarters they have elected domicile for the purposes of the proceedings, Or, more generally, any consenting third party of their choice. The civil party must notify the Public Prosecutor, by registered letter with acknowledgement of receipt, of any change in the declared address; if they fail to do so, they may not object to the fact that they have not been informed of certain procedural acts.

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Right to return of property

In the course of the investigations or judicial investigation, certain property belonging to the victim may be seized, as it constitutes evidence and is therefore a means of determining the truth. For example, the victim’s car or clothes, in the case of sexual assault, can be used as evidence. If the property seized was not necessary to determine the truth, the owner may claim compensation from the State. As soon as the items are no longer needed, the victim can ask for them back. They may also request their return at any stage of the procedure. The victim will have to apply to the Public Prosecutor, in the case of preliminary investigations or if the case has been dismissed, or to the judge at subsequent stages of the proceedings. Once the return has been approved, the owner of the property has one month to claim it back. Return is made in kind. The owner is summoned by the court clerk or the Office of the Public Prosecutor. They must provide proof of identity and justification for the return. There are certain cases where property cannot be returned. When the property was the direct cause of the offence, or if it poses a danger to persons or property, the Public Prosecutor may refuse to return the seized property. However, this refusal must not violate the individual’s privacy. Where return of property is refused, the victim has the right to appeal against this decision to the Investigating Division within one month of the Public Prosecutor’s decision.

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Right to compensation

Victims’ right to compensation is an acknowledgement of the damage they have suffered (e.g. physical and psychological suffering, possible after-effects and resulting financial consequences, material damage). The purpose of compensation is to make up for the loss resulting from the various injuries suffered by the victim, and to restore them (as much as possible) to a situation equivalent to their situation before the crime. In general, to be compensated for their loss, victims can turn to their insurance, the courts, or a compensation fund (the FGTI – Guarantee Fund for Victims of Terrorist Acts and Other Offences, mostly). Some situations can be covered by insurance: this is the case for traffic accidents, burglaries, etc. In addition, victims can also take legal action and claim compensation for their loss: either from a civil court if they know the offender. They will have to prove their loss, and that this loss was the fault of the person who caused the damage. or from a criminal court: the victim, by registering as a civil party, will become a party to the criminal proceedings and will be able to ask the court for compensation for the harm they have suffered (this is called ‘damages’). However, in order to guarantee compensation for victims in particularly serious situations, the law has also set up compensation schemes, based on national solidarity, which can be activated independently and under certain conditions. Victims of serious personal injury can apply to the CIVI (Crime Victims Compensation Board), a civil body within each court that rules on compensation claims made by victims or their dependants. There are deadlines and various conditions to be met. The victim does not have to wait for the court to hand down a judgement awarding them damages before they can submit a claim for compensation to the CIVI, the essential requirement being proof of the existence of an offence that caused the damage. Furthermore, if the offender does not pay the victim the damages owed, following a court decision, the victim may apply to the SARVI (Crime Victims Compensation Recovery Service) in order to obtain compensation, under certain conditions. The SARVI can help victims who have registered as a civil party and who have suffered personal injury or material loss which has been the subject of damages awarded by a court, but which cannot be compensated by the CIVI. SARVI pays part or all of the amount of the conviction, and then recovers the money from the convicted person. For more information on compensation, do not hesitate to contact a lawyer or a victim support association.

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Right to legal aid

Victims can apply for legal aid, which means that the State will pay all or part of the costs of the legal proceedings (mainly depending on the victim’s finances, except for the most serious offences). This aid is intended to help people who want to claim their rights in court, but who cannot afford a lawyer, a notary, or an expert. It is for instance paid to the lawyers so that they can represent and assist the victim free of charge. The victim will therefore not pay the legal costs. To apply for legal aid, victims can contact their local legal aid office and fill in an application form. They can also find this form at a victim support association or on the internet. Victims must meet three conditions for receiving legal aid: Not have legal expenses insurance that covers all legal costs; Be a French or European national, or ordinarily resident in France.      However, the residence condition is not required if the victim is a civil party in the proceedings; Have a reference tax income below a certain threshold. Legal aid is granted on the basis of reference tax income as well as personal and property assets. Do not hesitate to consult a lawyer or a victim support association, for example, to determine whether the victim is eligible for legal aid. The application for legal aid can be made at any time during the procedure and covers only the legal costs. The aid granted is either partial or total. If legal aid is refused or only partially granted, the victim can appeal. A report should be sent to the competent authority explaining the reasons for the refusal, and the authority will review the file to decide whether or not to grant legal aid. If the victim is eligible for legal aid, they may select a lawyer of their choice who operates under this scheme, or if they do not know one, they can ask the President of the Bar to appoint a lawyer for them.

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Right to an individualised assessment

The 2012 Victims’ Rights Directive introduced a new right of victims to an individual and personal evaluation to determine their protection needs (EValuation of VIctims, EVVI). The purpose of this evaluation is to identify the needs of victims in order to determine whether specific protection measures are required during the criminal proceedings. The EVVI is a general evaluation for all victims. Most of the time it is performed when filing a complaint, to determine the extent of the harm suffered, the circumstances of the crime and the risks faced by the victim, and to identify victims who may need further assessment. It is carried out at this stage by the police or gendarmerie, who then record the results in a report. The police or gendarmerie may alert the Public Prosecutor’s Office, which in turn, if it deems it appropriate, will refer the case to a victim support association for an in-depth assessment of the situation and level of vulnerability. In several jurisdictions, victim support associations will routinely conduct an EVVI for certain types of offences (domestic violence, violence within the family). The victim support association then carries out a more detailed assessment to determine the relevant measures to meet the needs of the victims (for instance: appointment of an ad hoc administrator, activation of the Serious Danger Telephone mechanism), avoid repeated victimisation, and for their protection. Its findings are recorded in a notice to the Public Prosecutor’s Office, which will decide whether to implement these measures. In addition, the EVVI can be carried out at all stages of the procedure, including when enforcing sentences, when the offender is granted leave or released from custody.

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Right to specific protection measures

In cases of domestic violence (or forced marriage), an emergency protection order can be issued by the family court judge to protect the victim if the alleged violence is deemed likely and constituting a danger to them and their children. It can be issued without the need for a complaint to be filed, whether or not the perpetrator has been convicted, and whether or not the victim and the perpetrator have been living together. The judge may use this order to pronounce: A ban on contact with the victim, A ban on visiting certain designated places, A ban for the perpetrator on owning or carrying a weapon, Health, social or psychological care, A ban on the perpetrator of the violence to come within a certain distance of the victim, together with the obligation to wear an electronic GPS monitoring device (ankle tag), Measures on the couple’s residence (allocation of the dwelling to the victim in principle), The possibility for the victim to conceal their address, A provisional admission to legal aid (which can be requested by the victim to cover the costs of the proceedings). The protection order may also lay down measures relating to the exercise of parental authority, in particular with regard to visiting and accommodation arrangements, and decide on the amount of maintenance. In addition, victims (of domestic violence or rape) at particular risk of violence may also be issued with a Serious Danger Telephone. This is a warning device (mobile phone) allocated to the victim which, when triggered, allows the law enforcement agencies to attend quickly and as a priority. When allocated this device, the victim will also be given personalised support (legal and psychological follow-up, rehousing, employment, etc.) to help secure their situation on a long-term basis. The ankle tag is an electronic device introduced following the law of 28 December 2019, which stops two people coming too close to each other: the person under surveillance (wearing the ankle tag) and the protected person (who carries a smart device, a bit like a telephone). As a protection tool for the victim, it allows for immediate intervention when the person under surveillance gets within a certain distance of the person being protected. The association gives the device to the victim, helps them set it up, and explains how it works. The victim is protected as soon as the device is handed over. The association also provides legal, social, and psychological support for victims of domestic violence. In turn, the Prison Integration and Probation Service is responsible for fitting the ankle tag, testing it, and explaining the device to the offender. The ankle tag is removed at the end of the period specified by the judge. The protected person may ask for amendments to the protection measure by contacting the judge who ordered it or who is responsible for its monitoring.

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Social protection rights

The national solidarity system in France is essentially structured around three complementary areas of intervention: Social security, composed of 5 main branches and is based on the acquisition of rights by its members: the family branch, managed by Allocations Familiales; the health branch, managed by Assurance Maladie; the occupational accident and illness branch, also managed by Assurance Maladie; the pensions branch, managed by Assurance Retraite; the collections branch, managed by URSSAF. Social assistance concerns all benefits whose eligibility is determined by law for all residents. In this context, the Code of Social Action and Families (CASF) distinguishes between: social assistance for the elderly and disabled; social assistance for families, housing, and social reintegration; state medical aid (AME); child welfare (ASE). Social action is defined by the law of 2 January 2002 (Article L 116-1 of the Code of Social Action and Families) and is the responsibility of public institutions, associations, or private bodies. It ‘aims to promote (…) the autonomy and protection of individuals, social cohesion, the exercise of citizenship, to prevent exclusion and to correct its effects’ and mainly benefits: people with disabilities; the elderly; as well as vulnerable individuals and families, in situations of precariousness or poverty. These benefits mainly take the form of cash or in-kind benefits, direct or indirect assistance.

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Right to an alternative to criminal proceedings: mediation

Criminal mediation is an alternative to prosecution, decided by the Public Prosecutor, without the intervention of the judge, in order to repair the damage suffered by the victim. The perpetrator and the victim must be identified and have given their consent to the mediation. They may each be accompanied by a lawyer. The facts must be established and cannot concern crimes (scope, for instance: night-time disturbance, simple theft, damage to property, failure to represent a child). Since the law of 30 July 2020, criminal mediation is not permitted for cases of domestic violence. The aim is that the mediator opens the discussion and that, through dialogue, the parties manage to find a solution to their dispute on their own. If the mediation is successful, the mediator records the agreement in a report, which they then sign together with the parties. The mediator gives the parties a copy of this report, and sends another copy to the Public Prosecutor; the case is then generally closed without further action and no trial will take place. If there is disagreement, mediation fails and the case is then referred to the Public Prosecutor, who decides what action to take on the complaint. For more information on alternative measures to prosecution, click here.

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Right to benefit from restorative justice measures

Since the law of 15 August 2014, any victim can apply for a restorative justice measure. This right is available to the victim from the moment the complaint is filed and at all stages of the criminal proceedings. Restorative justice is a practice that complements the traditional criminal justice system by bringing together victims and offenders (irrespective of whether they were involved in the same case). The measures, in various ways, are all aimed at re-establishing social ties and dissuading repeat offenders as much as possible. Meetings take place according to pre-established rules and are facilitated by specially trained, impartial and caring professionals. This measure is free of charge and the meetings are confidential. The agreement of each party is required to participate. Restorative justice helps to raise awareness of the personal, professional, family and social repercussions of an offence and promotes appeasement and reconstruction.

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Right to information on appeals and remedies

If the victim feels that the decision made by the judges is unfounded, there are various ways for them to challenge it in court. Following the judgement of a first court, victims can file an appeal but only on the issue of damages (i.e. compensation). The victim can never challenge the sentence imposed on the defendant/accused. The case will then be tried for the second time, after which the judgement will be confirmed or overturned. In addition, the Public Prosecutor or Attorney General may appeal the guilt of the defendant/accused and the sentence (the ‘criminal provisions’ of the judge’s ruling). Finally, the defendant/accused can appeal against everything (both the criminal provisions i.e. the sentence made against them – as well as the civil provisions – i.e. the compensation of the civil party). In addition, it is always possible to challenge the decision of the Court of Appeal by lodging an appeal with the Court of Cassation. The judges of this court do not retry the case, but verify that the law has been correctly applied. They may uphold the decision or order that it be retried by another Court of Appeal. There are also other, more specialised remedies. A review may be considered if there was wilful misconduct during the trial (e.g. evidence declared to be false). The victim otherwise has a number of options if a complaint is closed by the Public Prosecutor without further action.

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