COMPENSATION FOR VICTIMS OF BODILY HARM INCURRED THROUGH AN INFRACTION

• NCJ Number: 64431
• Journal: BULLETIN MEDECINE LEGALE, TOXICOLOGIE Volume: 21 Issue: 5 Dated: (SEPTEMBER/OCTOBER 1978) Pages: 617-623
• Author(s): B ARZT
• Date Published: 1978
• Length: 6 pages
• Corporate Author: Masson et Compagnie
• Publication Format: Article
• Language: French
• Country: France

Annotation

CONDITIONS WERE ESTABLISHED IN 1977 FRENCH LAWS FOR COMPENSATING CRIME VICTIMS WHO SUSTAIN INJURIES.

Abstract

RELEVANT ELEMENTS ARE THE NATURE OF THE OFFENSE AND THE SERIOUSNESS OF THE INJURY. PUNISHABLE OFFENSES SUBJECT TO COMPENSATION MAY BE PERPETRATED BY SOLVENT OFFENDERS, INSOLVENT OFFENDERS, OR UNKNOWN OFFENDERS. OFFENSES WHICH ARE NOT PUNISHABLE LACK AN INTENTIONAL ELEMENT, AS WHEN OFFENDERS ARE CHILDREN OR MENTALLY DISTURBED PERSONS, OR LACK LEGAL FORCE. INJURY MAY INVOLVE PREMATURE DEATH, AS WELL AS TEMPORARY TOTAL DISABILITY OR PERMANENT DISABILITY, EITHER OF WHICH LEAD TO AN INABILITY TO FUNCTION PROFESSIONALLY, A REDUCTION OF INCOME, AND TREATMENT EXPENSE. CRITERIA FOR THE SERIOUSNESS OF THE INJURY DEPEND ENTIRELY ON THE TYPE OF WORK AND THE FINANCIAL SITUATION OF THE VICTIM. INDIVIDUALS ENTITLED TO PAYMENT ARE THE VICTIM, DEPENDENTS WHO HAVE SUFFERED A LOSS OF INCOME, SURVIVORS, AND EVEN MISTRESSES. THE OFFENSE MUST BE COMMITTED IN FRANCE, BUT THE NATIONALITY OF THE VICTIM IS IRRELEVANT. APPEALS ARE POSSIBLE WHEN COMPENSATION IS NOT PAID. THE MAXIMUM COMPENSATION IS 150,000 FRANCS. LEGAL SUITS BROUGHT IN A PARTICULAR MATTER ARE INDEPENDENT OF DECISIONS BY THE COMPENSATION COMMISSION. IF THE COURTS ALLOW MORE COMPENSATION THAN THE COMMISSION, THE COMMISSION CAN DEMAND TWICE AS MUCH AS THE COURT-ORDERED PAYMENT, ALTHOUGH THE AMOUNT GRANTED BY THE COMMISSION IS IRRELEVANT IF THE VICTIM HAS ALREADY BEEN COMPENSATED. THE COMMISSION IS COMPOSED OF JUDGES OF THE COURT OF APPEALS NAMED BY THE PREMIER. THE COMMISSION MAY FIRST MAKE AN ADMINISTRATIVE DECISION, DELAY ACTION, OR PREPARE A REPORT. THE FINAL DECISION IS ANNOUNCED IN COUNCIL CHAMBERS, AND THE PETITIONER AND THE LEGAL AGENT OF THE TREASURY ARE NOTIFIED IMMEDIATELY OF THE DECISION BY THE COMMISSION REPORTER. THE RIGHT TO APPEAL THE DECISION IS RESERVED TO THE STATE AND THE VICTIM. --IN FRENCH. (KMD)