Victims of Crime in France: Compensation via the CIVI

When you are the victim of an assault, rape, armed robbery, or an act of terrorism, the physical and psychological trauma is often accompanied by a financial and administrative obstacle course. If the perpetrator is insolvent, unknown, or on the run, you may feel abandoned by the judicial system. Fortunately, French law features a unique national solidarity mechanism: the Commission d'Indemnisation des Victimes d'Infractions (CIVI - Commission for the Compensation of Victims of Offences). This comprehensive guide explains how to petition the CIVI, obtain full compensation for your damages, and assert your rights, whether you are a French citizen or a foreign resident.

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What is the CIVI and how does national solidarity work?

The Commission d'Indemnisation des Victimes d'Infractions (CIVI) is an independent tribunal sitting within each Tribunal Judiciaire (Judicial Court). Unlike classic courts that order the perpetrator of an offence to pay damages, the CIVI allows the victim to be compensated directly by the State, via the Fonds de Garantie des Victimes des Actes de Terrorisme et d'autres Infractions (FGTI) (Guarantee Fund for Victims of Acts of Terrorism and Other Offences).

This system is based on the principle of national solidarity. Once the FGTI has compensated the victim, it turns against the perpetrator of the offence to recover the sums paid (known as a subrogatory recourse). For the victim, this is an absolute guarantee of obtaining the funds, regardless of their attacker's solvency.

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Eligibility criteria: who can claim compensation?

Access to the CIVI is strictly regulated by the Code de procédure pénale (French Code of Criminal Procedure). The conditions vary depending on the severity of the injuries suffered by the victim.

1. Serious offences: full compensation (Article 706-3 of the Code de procédure pénale)

To claim full compensation for all damages (physical, psychological, economic), the offence must have resulted in:

• Either the death of the victim;
• Or a permanent disability (incapacité permanente - IP) or a permanent functional deficit (déficit fonctionnel permanent - DFP), regardless of the percentage;
• Or a personal total temporary incapacity for work (incapacité totale de travail - ITT) equal to or greater than 1 month (30 days);
• Or constitute a sexual offence (rape, sexual assault) or human trafficking.

Under this framework, compensation is not subject to any means-testing or income ceiling for the victim.

2. Minor offences and property damage: capped compensation (Article 706-14 of the Code de procédure pénale)

If you are the victim of theft, fraud, breach of trust, or destruction of property, or if your bodily ITT is less than 1 month, you can still petition the CIVI, but under very strict conditions:

• You must prove monthly resources below a certain ceiling (set at 1,463 € in 2024 for a single person, increased based on family dependents);
• You must prove that the offence places you in a serious material or psychological situation;
• You cannot obtain compensation from other bodies (insurance, mutual funds).

In this case, the compensation is capped at triple the monthly amount of the legal aid income ceiling (i.e., a maximum of approximately 4,389 €).

3. Nationality and location of the offence conditions

French law is protective, but imposes territoriality rules:

• If the offence took place in France: the victim can be of French nationality, a citizen of a European Union member state, or of any other nationality provided they are legally residing in France at the time of the events or when filing the claim.
• If the offence took place abroad: only a victim of French nationality can petition the French CIVI.

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Legal deadlines to take action

Respecting deadlines is crucial, otherwise your claim will be rejected due to the statute of limitations (forclusion).

• The general rule: You must petition the CIVI within 3 years from the date of the offence.
• In case of criminal prosecution: If the perpetrator is prosecuted in court, the deadline is extended. You have 1 year from the date the court decision becomes final (ruling on guilt or civil interests).
• Relief from foreclosure: If you have missed these deadlines, the CIVI can grant you an exception (relevé de forclusion) if you prove that it was impossible for you to act (for example, due to a coma, severe post-traumatic stress disorder, or if the perpetrator was only identified late).

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Concrete examples of CIVI compensation

To better understand the practical application of these rules, here are two standard case studies.

Example 1: Full compensation for a serious physical assault

> Marc, a waiter, is violently assaulted on his way home from work in Lyon. The perpetrator flees and remains unidentified. Marc suffers a head injury and a fractured arm resulting in an ITT of 45 days. He is left with permanent stiffness in his elbow (Permanent Functional Deficit evaluated at 8%).

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> Marc petitions the CIVI. A medical assessment is ordered. The CIVI awards him the following compensation, paid by the FGTI:

> * Loss of professional earnings during his sick leave: 2,800 €

> Pain and suffering (pretium doloris* evaluated at 3/7): 5,000 €

> * Permanent Functional Deficit (8%): 9,600 €

> * Temporary aesthetic damage: 800 €

> * Total compensation received by Marc: 18,200 €, even though the attacker is unknown.

Example 2: Means-tested compensation for property damage

> Sofia, an international student legally residing in France, lives alone with resources of 800 € per month. Her laptop and tablet (essential tools for her studies worth 1,500 €) are stolen from her in the street with minor threats. The perpetrator is insolvent.

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> Sofia does not meet the conditions of Article 706-3 (no ITT of more than one month, no serious bodily injury). She petitions the CIVI on the basis of Article 706-14:

> * Her resources are below the 1,463 € ceiling.

> * She proves that the loss of her study tools puts her in a situation of severe precariousness.

> * The CIVI awards her compensation of 1,500 € to cover the material loss suffered.

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Step-by-step guide to petitioning the CIVI

The procedure before the CIVI is essentially written, but it requires great methodological rigor.

Step 1: Filing a complaint and gathering evidence

First of all, you must file a complaint (plainte) at a police station or gendarmerie. Immediately gather all evidence of your damage: initial medical certificates (issued in particular by the Unités Médico-Judiciaires - UMJ, forensic medical units) mentioning the duration of the ITT, prescriptions, out-of-pocket medical bills, and proof of lost income.

Step 2: Petitioning the CIVI

You must draft a petition (requête) addressed to the secretariat of the CIVI at the Tribunal Judiciaire of your place of residence or of the place where the offence was committed. This petition must be accompanied by all supporting documents (complaint report, medical certificates, proof of resources if necessary). Note: Although not mandatory for simple cases, the assistance of a lawyer is highly recommended to accurately quantify the damages.

Step 3: The amicable phase with the FGTI

As soon as the CIVI is petitioned, the file is forwarded to the FGTI. The FGTI has 2 months to present you with a compensation offer.

• If you accept the offer, an agreement is signed and approved by the president of the CIVI. The funds are paid within 1 month.
• If you reject the offer (often because it is deemed insufficient), the judicial procedure before the CIVI continues.

Step 4: Medical assessment (if necessary)

In cases of complex bodily injury, the CIVI or the FGTI will order a medical assessment carried out by an independent expert doctor. It is essential to attend this assessment accompanied by your own advising doctor (médecin conseil) to ensure that the evaluation of your sequelae is not underestimated.

Step 5: The CIVI decision and payment

If no amicable agreement is reached, the CIVI rules by judgment. Once the decision is rendered and notified, the FGTI has 1 month to pay the allocated compensation.

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Common mistakes to avoid when making your claim

• Neglecting the initial ITT evaluation: Many victims think that ITT corresponds to a professional sick leave from work. This is incorrect. ITT (Incapacité Totale de Travail) is a criminal law concept that evaluates the time during which you cannot perform the acts of daily life (showering, eating, grocery shopping). Ensure that the doctor at the UMJ evaluates it correctly.
• Accepting the first FGTI offer too quickly: The FGTI sometimes tries to minimize costs. The first amicable offer is often lower than what court scales award. Take the time to have the offer analyzed by a legal professional.
• Forgetting to deduct third-party payer benefits: The CIVI applies the principle of full compensation without unjust enrichment. You must declare what the Sécurité sociale (French social security), your mutuelle (complementary health insurance), or your provident fund have already paid you. Concealing these sums can void your procedure.
• Missing the prescription deadlines: Waiting for the end of a criminal trial that drags on without monitoring the one-year deadline after the final judgment is a frequent cause of claim rejection.

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FAQ: Frequently Asked Questions about the CIVI

Can I obtain an advance payment quickly before the end of the procedure?

Yes. If your financial situation is difficult due to the offence (loss of employment, urgent medical expenses), you can request an advance (provision) from the president of the CIVI as soon as you file your petition. It is generally granted within a few weeks if the right to compensation is indisputable.

Is legal aid accepted before the CIVI?

Yes. If your resources are below the legal ceilings, you can apply for legal aid (aide juridictionnelle) so that the State covers your lawyer's fees and the costs of the medical assessment.

What happens if the perpetrator of the offence is insolvent?

This is precisely the main purpose of the CIVI. The solvency of the perpetrator has no impact on your compensation. It is the FGTI (funded by a tax on property insurance contracts) that pays you, and then takes charge of pursuing the perpetrator to recover the money.

I am an undocumented foreigner, can I petition the CIVI?

For serious offences (Article 706-3), case law is strict: you must prove a valid residence permit (titre de séjour) at the time of the events or the request. However, if you are a victim of an act of terrorism on French soil, no condition of nationality or legal residence is required.

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Summary

• The CIVI allows the compensation of victims of offences by the State via the Guarantee Fund (FGTI), thus avoiding dependency on the perpetrator's solvency.
• For serious personal injuries (death, rape, ITT of more than 30 days, permanent sequelae), compensation is full and not subject to means-testing.
• For property damage or minor injuries, compensation is subject to the victim's income ceiling (maximum 1,463 € per month for a single person) and capped at approximately 4,389 €.
• The deadlines for action are 3 years from the offence, or 1 year after the final criminal court decision.
• The procedure includes a mandatory amicable phase with the FGTI, which must make an offer within 2 months, before any litigation phase before the CIVI judges.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.