Law No. 2026-651 of July 23, 2026 on criminal justice and respect for victims does not change the rules for compensation by the Commission for the Indemnification of Victims of Offenses (CIVI). Instead, it focuses on the information given to victims at a critical moment: when they file a complaint. If the complaint involves an offense committed by a spouse, cohabitant, or PACS partner, or an offense against a minor under fifteen by an adult in a position of authority, the new Article 15-3-2-2 of the Code of Criminal Procedure requires the investigating officer to inform the victim of their right to legal assistance and legal aid. This expands the situations where victims can access legal aid, as outlined in Article 11-2, 5°, of the law of July 10, 1991. These changes will take effect on January 1, 2027, as specified in Law No. 2026-651, Articles 1 and 12. The law aims to ensure victims are aware of their options early, helping them reach the CIVI within the required timeframes. Another important note is that the ordinance No. 2025-1091 of November 19, 2025, will revise the Code of Criminal Procedure, with the same content, but it will take effect on January 1, 2029. The article numbers may change, but the content remains the same.
Under Article 706-3 of the Code of Criminal Procedure, any person who has suffered harm from events that have the material character of an offense can receive full compensation for personal injuries. Importantly, this does not require a conviction or even the identification of the perpetrator. The right to compensation applies to three main situations: injuries causing death, permanent disability, or total work incapacity (ITT) of at least one month; sexual offenses and trafficking, regardless of the ITT; and violence against a minor or by a former or current spouse, cohabitant, or PACS partner. If the ITT is less than one month, compensation is capped by regulation. The victim must be French or the offense must have occurred on French soil. Compensation does not apply to certain other cases, such as traffic accidents, acts of terrorism, asbestos exposure, or hunting-related incidents. Victims of a scooter hit-and-run, for example, should contact the Fund for the Guarantee of Victims of Acts of Terrorism and Other Offenses (FGAO) instead of the CIVI.
Victims of personal injuries with an ITT of less than one month, outside the above cases, still have recourse. They can seek compensation under three conditions: if they cannot get sufficient compensation elsewhere, if they are in a serious material or psychological situation, and if their income is below the threshold for partial legal aid. In such cases, the compensation is limited to three times the monthly aid limit. The same rules also apply to certain property-related injuries, such as theft, fraud, abuse of trust, extortion, vandalism, blackmail, or abuse of weakness.
Article 706-5 of the Code of Criminal Procedure sets a three-year deadline for submitting a compensation request, starting from the date of the offense. This deadline can be extended in certain situations, such as when criminal proceedings are ongoing, for minor victims, or if a "forfeiture notice" is issued. The notice is not just a favor but a legal tool that allows the CIVI to consider compensation for the victim's close relatives if the victim dies after the deadline. The CIVI is an independent body that can be approached even before a criminal trial starts or if the perpetrator is unknown. A request is submitted to the CIVI's registry at the judicial court. The commission, composed of two judges and a representative of victims' interests, evaluates the claim based on documents such as medical reports, income statements, and the complaint receipt. The request is then forwarded to the Fund for the Guarantee of Victims of Acts of Terrorism and Other Offenses (FGTI), which has two months to offer compensation. If the offer is rejected, the case proceeds to the CIVI for further review.
New French Law Expands Legal Aid and Compensation for Victims of Crime
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