You have just been punched outside a bar in Lyon, your villa in the Dordogne has been turned over while you were back in Manchester, or a French building contractor has vanished with your 15,000 euro deposit. Your French is hesitant, the police officer switches to rapid administrative vocabulary, and someone tells you that since Brexit the system works differently for British people. That last point is wrong where it matters most. A British victim of a criminal offence committed in France enjoys exactly the same procedural rights as a French victim: the right to file a complaint, the right to join the criminal trial as a civil party claiming damages, and the right to turn to the state-backed compensation schemes when the offender cannot pay. What Brexit changed is your residence status, not your standing as a victim.<\/p>\n
This article follows the only order that protects you. First, report the facts to the French authorities in a form the courts can use, with your evidence preserved and your complaint properly receipted. Second, decide how you claim your money: directly against the offender inside the criminal case, or before the specialist compensation bodies, the CIVI, which is the commission d’indemnisation des victimes d’infractions, the panel attached to each tribunal judiciaire that awards compensation to victims of violent crime, and the SARVI, which is the service d’aide au recouvrement des victimes d’infractions, the recovery fund run by the Fonds de garantie that pays you and then chases the offender. Each step below gives the exact article of the French statute, the official government guidance, and two recent judgments of the Cour de cassation, the highest French court, that show how judges actually decide, plus how to challenge every refusal along the way.<\/p>\n
Go to any commissariat de police, which is the police station of the Police nationale operating in towns and cities, or any brigade de gendarmerie, which is the station of the Gendarmerie nationale covering smaller towns and rural areas, and ask to d\u00e9poser plainte, which means to file a formal criminal complaint. French law is categorical: Language is a practical obstacle, not a legal one. You have the right to give your statement with an interpreter, and you should insist on one rather than struggling through legal French you half understand, because every ambiguity in your statement will be used against you later. Bring your passport, your French address or hotel details, your EHIC or insurance papers if you received treatment, and a bilingual friend if one is available, but do not let the absence of a friend delay you. Ask that the statement record your nationality, your residence, and the need for future summonses to be sent to an address you actually monitor, such as a French address with a named recipient or your lawyer’s office. Before you leave, demand the r\u00e9c\u00e9piss\u00e9 de d\u00e9p\u00f4t de plainte, which is the written receipt proving the date and reference of your complaint. That receipt is the document that later proves you acted within time, and officers sometimes forget to hand it over unless asked.<\/p>\n What you file in those first hours shapes everything. Describe facts, dates, places and people with precision, name witnesses with telephone numbers, and hand over every exhibit at once: photographs of injuries and damage, the medical certificate, known as the certificat m\u00e9dical initial, in which the doctor records your injuries and any period of total incapacity for work, the forensic or emergency report, broken objects kept as they are, threatening messages with their metadata, and the contract and bank transfers if a tradesman or agent took your money. You can also use the online pre-complaint, the pr\u00e9-plainte en ligne, for property offences, but attend the station to sign, because only the signed statement starts the file properly. Keep in mind the clock that runs behind the scenes: If the police response stalls, write directly to the procureur de la R\u00e9publique, who is the public prosecutor heading each tribunal judiciaire and deciding whether to prosecute, by recorded delivery or against a stamped receipt, setting out the facts and enclosing your exhibits. This letter matters twice: it creates pressure for a prosecution, and it starts the three-month period after which you can force the case open yourself, as explained below. British guidance published on GOV.UK reminds nationals who suffer crime abroad to report to the local police, to ask for consular contact, and to keep copies of everything, at reporting a crime abroad and getting help<\/a>, with the France-specific consular contacts at UK help and services in France<\/a>. The British consulate cannot investigate or pay your claim, but it can provide lists of English-speaking lawyers and explain the local procedure, which is worth one telephone call early on.<\/p>\n Becoming partie civile, which literally means civil party and designates the victim who joins the criminal proceedings to claim compensation, is the single most powerful step an impecunious or foreign victim can take, because it lets you ride the prosecutor’s investigation instead of funding a private lawsuit from London. The foundation is Article 2 of the Code of Criminal Procedure: Three doors lead to that status, and you should understand all three before choosing. First, where the prosecutor already prosecutes, you simply declare yourself partie civile at the hearing or beforehand through a lawyer, and the criminal court rules on your damages in the same judgment. Second, for suitable cases you can use the citation directe, which is a summons served directly on the alleged offender to appear before the criminal court, forcing a hearing without waiting for the prosecutor. Third, where the prosecutor does nothing, you file a plainte avec constitution de partie civile, which is a complaint with civil-party joinder addressed to the investigating judge, and it sets the public prosecution itself in motion. The statute states: Two practical warnings decide many British files at this stage. The investigating judge will usually order a consignation, which is a deposit you pay into court as security for the costs of the investigation, calibrated to your resources; if you cannot pay it, ask your lawyer to request legal aid or a reduced sum rather than abandoning the complaint, because abandonment is read as weakness. And the prosecutor’s classification of the facts binds nobody permanently: an assault first logged as a minor matter can be reclassified once the medical certificate shows a longer incapacity, so send every updated medical document to the file. From the first day the police must also tell you what follows: Article 10-2 of the Code of Criminal Procedure obliges officers to inform victims of their right The Cour de cassation has twice softened the formalism that traps foreign victims at this exact point. In its judgment of 21 April 2022, case No 21-82.877, the Criminal Chamber recalled: Winning the criminal case is only half the economics, because an insolvent or untraced offender pays nothing however strongly he is condemned. Inside the trial, your damages rest on the civil law of liability: The CIVI exists precisely for the situation British residents fear most: the attacker is unknown, insolvent or uninsured, and the criminal conviction is a moral victory worth nothing in pounds. Article 706-3 of the Code of Criminal Procedure provides: Procedure before the CIVI is written, independent of the criminal trial’s timetable, and manageable from Britain with a French lawyer. You file a requ\u00eate, which is a reasoned application with exhibits, to the CIVI attached to the tribunal judiciaire of your domicile or of the place where the facts occurred; the application sets out the facts, the injury with medical evidence, the losses with figures, and the steps already taken against the offender. The Fonds de garantie des victimes des actes de terrorisme et autres infractions, the fund that pays on the state’s behalf, examines the file and usually makes an offer within months; if you accept, payment follows, and if you refuse or receive no offer, the CIVI hears the case and fixes the award, including a possible provision, which is an interim advance paid before the final medical assessment stabilises. The official English-language Service-Public page describing compensation by the guarantee fund is at victim compensation by the guarantee fund<\/a>. Organise your exhibits exactly as a fund examiner wants them: chronological medical file with the initial certificate and every extension, proof of earnings before and after, receipts for care, help at home and adaptations, photographs, the complaint receipt and every criminal decision, and a one-page schedule totalling the claim. Examiners distrust round numbers; they pay documented ones.<\/p>\n The deadline is the trap that destroys more British files than any other, because it looks generous until it is missed. Article 706-5 of the Code of Criminal Procedure states: Two refinements matter specifically for cross-Channel lives. Where the injury worsens after the first award, for example a shoulder that seemed healed but needs surgery eighteen months later, the aggravation reopens the file rather than founding a time-barred new claim, but only if the worsening is documented by fresh medical evidence linking it to the original facts. And where the victim dies from the consequences, the close relatives claim in their own names for their moral and economic loss alongside the deceased’s own claim transmitted to the estate, which is why British families should coordinate through one lawyer instead of filing competing applications that contradict each other on dates and figures. Finally, the criminal court itself is supposed to signpost the route: Many British files are not broken bones but emptied houses: the burglary that strips the villa, the fraudulent deposit, the car vandalised in the station car park. The CIVI’s full-compensation route is closed to purely material loss, but the SARVI opens a second door. Article 706-14 of the Code of Criminal Procedure provides: Refusals and low offers are not the end of the road; they are the start of the adversarial phase, and British claimants lose it most often by delay or by bare denial. Against a CIVI rejection or an award you consider too low, you can appeal to the cour d’appel, which is the regional appeal court: read the time limit printed on the notification itself, instruct your lawyer immediately, and structure the appeal around the exact ground given, whether it is the seriousness threshold, the causal link, the victim’s alleged fault, or the arithmetic of loss. Against a Fonds de garantie offer that undervalues your claim, respond with a reasoned counter-valuation attaching the missing exhibits rather than a bare refusal, and if no agreement emerges, let the CIVI fix the figure. Where the offender was ordered to pay damages at trial and simply does not pay, the SARVI route described above takes over, and the fund that pays you is then subrogated, meaning it steps into your shoes to pursue the offender, so your enforcement efforts help both you and the fund. Throughout, keep one master chronology: offence date, complaint receipt, prosecutor’s reply or the three-month silence, investigating or trial decisions with dates they became final, CIVI filing date, offers and notifications with their dates. The 2021 forclusion ruling quoted above shows that cases are won on such dates, and the 2022 complaint ruling shows that technical inadmissibility can be cured on appeal where the paperwork is produced.<\/p>\n Paris and the \u00cele-de-France region change nothing in the statutes but much in the logistics, which is why this section belongs in an article for British readers spread from Paris flats to P\u00e9rigord farmhouses. In the capital, complaints for facts committed in Paris go to the commissariats of the arrondissement concerned or to the prosecutor of the tribunal judiciaire de Paris, and CIVI applications follow the victim’s domicile or the place of the facts, so a British consultant living in the 11th arrondissement and mugged on the m\u00e9tro will normally deal with the Paris bodies, while a second-home owner burgled in the Lot deals with the tribunal of the place of the offence and can organise representation without travelling for every step. Parisian volumes mean slower receipts and longer waits for fund offers, so file early, chase in writing, and keep a duplicate of everything in one folder, paper and scanned: passports, residence permits, leases and utility bills proving presence, the complaint receipt, medical certificates, every judgment, and every letter from the fund. Whichever ressort is competent, the same discipline applies: never let a notification sit unanswered, never miss the appeal period stated on it, and never accept a refusal that gives no reasons, because an unreasoned refusal is itself vulnerable on challenge.<\/p>\n A British victim in France is not a spectator of an unfamiliar system but a party armed with the same weapons as any French victim, provided the steps are taken in the right order and on time. Report the facts immediately to any police station, which must receive your complaint wherever you present yourself, secure the receipt, and write to the prosecutor by recorded delivery so the three-month key to the investigating judge starts running. Join the criminal case as partie civile rather than watching from London, because that status converts the state’s investigation into your damages claim and can recover your legal costs from the convicted person. Where the offender cannot pay, turn to the CIVI for violent injury suffered in France and to the SARVI for listed property offences that leave you in genuine difficulty, diary the three-year forclusion with its one-year criminal extension, and treat every refusal or low offer as a reasoned decision to be appealed with better exhibits, not as a verdict. Coordinate the whole file through one lawyer holding the single chronology, from the first medical certificate to the final fund payment, and the distance between Manchester and the French courtroom shrinks to what it should be: an administrative detail, not a defeat.<\/p>\n Our firm offers a telephone consultation within 48 hours with a lawyer of the firm to review your complaint, your partie civile strategy, your CIVI or SARVI file, a refusal or an offer you consider too low. First telephone consultation: 80 EUR including VAT. Call 06 46 60 58 22<\/a>, or write via our contact page<\/a> with the date and place of the offence, your complaint receipt, any medical certificates, the criminal decisions already given, and the fund’s letter you wish to challenge.<\/p>\n","protected":false},"excerpt":{"rendered":" British victim of assault, burglary or fraud in France? File your complaint, join the trial as partie civile, claim before the CIVI or SARVI, and challenge any refusal.<\/p>\n","protected":false},"author":251031309,"featured_media":4188,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kj_source_type":"","_kj_official_id":"","_kj_official_url":"","_kj_judilibre_id":"","_kj_jur":"","_kj_lieu":"","_kj_chambre":"","_kj_rg":"","_kj_date":"","activitypub_content_warning":"","activitypub_content_visibility":"","activitypub_max_image_attachments":4,"activitypub_interaction_policy_quote":"anyone","activitypub_status":"federated","footnotes":""},"categories":[80312,80314],"tags":[],"class_list":["post-2130761","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-british-desk","category-decryptage"],"yoast_head":"\nLes officiers et agents de police judiciaire sont tenus de recevoir les plaintes d\u00e9pos\u00e9es par les victimes d’infractions \u00e0 la loi p\u00e9nale, y compris lorsque ces plaintes sont d\u00e9pos\u00e9es dans un service ou une unit\u00e9 de police judiciaire territorialement incomp\u00e9tents.<\/q> That is Article 15-3 of the Code of Criminal Procedure, and it means no officer may turn you away on the ground that you came to the wrong station, that your French is poor, or that you live in Britain. If the facts happened in France, the complaint is received where you present yourself and transmitted to the competent office. Full text at Article 15-3 of the Code of Criminal Procedure<\/a>. The official Service-Public guidance confirms the same position in English and lists what a victim of a criminal offence can do from the first hours, at what a victim of a criminal offence can do<\/a>.<\/p>\n
L’action publique des d\u00e9lits se prescrit par six ann\u00e9es r\u00e9volues \u00e0 compter du jour o\u00f9 l’infraction a \u00e9t\u00e9 commise.<\/q> That is Article 8 of the Code of Criminal Procedure, at Article 8 of the Code of Criminal Procedure<\/a>, so most ordinary offences expire after six full years, but evidence fades in weeks, medical findings in days, and CCTV images are routinely overwritten within a month. File now, complete later.<\/p>\n
B. How do I become partie civile and claim damages inside the French criminal case?<\/h3>\n
L’action civile en r\u00e9paration du dommage caus\u00e9 par un crime, un d\u00e9lit ou une contravention appartient \u00e0 tous ceux qui ont personnellement souffert du dommage directement caus\u00e9 par l’infraction.<\/q> Full text at Article 2 of the Code of Criminal Procedure<\/a>. Note the three adjectives that do all the work: the suffering must be personal, the damage direct, and the offence the cause. A British father cannot claim for his adult son’s burglary unless he personally suffered a direct loss, but a spouse present during a violent attack, an employer who paid wages during the victim’s incapacity, and a house co-owner whose property was damaged can each qualify on their own facts. The Service-Public explainer sets out the mechanism in plain French at what a partie civile is in a criminal trial<\/a>.<\/p>\n
Toute personne qui se pr\u00e9tend l\u00e9s\u00e9e par un crime ou un d\u00e9lit peut en portant plainte se constituer partie civile devant le juge d’instruction comp\u00e9tent.<\/q> But it adds a lock: the complaint is admissible only if you show
soit que le procureur de la R\u00e9publique lui a fait conna\u00eetre, \u00e0 la suite d’une plainte d\u00e9pos\u00e9e devant lui ou un service de police judiciaire, qu’il n’engagera pas lui-m\u00eame des poursuites, soit qu’un d\u00e9lai de trois mois s’est \u00e9coul\u00e9 depuis qu’elle a d\u00e9pos\u00e9 plainte devant ce magistrat, contre r\u00e9c\u00e9piss\u00e9 ou par lettre recommand\u00e9e avec demande d’avis de r\u00e9ception.<\/q> That is Article 85 of the Code of Criminal Procedure, at Article 85 of the Code of Criminal Procedure<\/a>, with the step-by-step official guide at plainte avec constitution de partie civile<\/a>. This is why the recorded-delivery letter to the prosecutor recommended above is not optional paperwork: it is the key that opens the investigating judge’s door three months later.<\/p>\n
D’obtenir la r\u00e9paration de leur pr\u00e9judice, par l’indemnisation de celui-ci ou par tout autre moyen adapt\u00e9<\/q> and
De se constituer partie civile soit dans le cadre d’une mise en mouvement de l’action publique par le parquet, soit par la voie d’une citation directe de l’auteur des faits devant la juridiction comp\u00e9tente ou d’une plainte port\u00e9e devant le juge d’instruction.<\/q> Full text at Article 10-2 of the Code of Criminal Procedure<\/a>. If nobody gave you that information, say so in your next letter: the omission colours every later argument about missed time limits.<\/p>\n
Constitue une plainte, au sens de cet article, toute information port\u00e9e, sans formalisme particulier, \u00e0 la connaissance de l’autorit\u00e9 judiciaire ou d’un officier ou agent de police judiciaire, et relative \u00e0 des faits susceptibles de rev\u00eatir une qualification p\u00e9nale.<\/q> It added that a victim whose joinder was declared inadmissible by the investigating judge for want of proof of the prior complaint
demeure recevable \u00e0 apporter ces justifications devant la chambre de l’instruction au soutien de son appel de l’ordonnance du juge d’instruction ayant sanctionn\u00e9 sa carence en d\u00e9clarant sa constitution de partie civile irrecevable.<\/q> In plain terms, an informal letter describing criminal facts can count as the prior complaint, and missing paperwork can still be produced on appeal. Full decision at Cass. crim., 21 April 2022, No 21-82.877<\/a>. Use that ruling whenever an order declares you inadmissible on a technicality: appeal to the chambre de l’instruction, which is the appeals division of the cour d’appel supervising investigations, with the missing receipt or letter attached.<\/p>\n
Tout fait quelconque de l’homme, qui cause \u00e0 autrui un dommage, oblige celui par la faute duquel il est arriv\u00e9 \u00e0 le r\u00e9parer.<\/q> That is Article 1240 of the Civil Code, at Article 1240 of the Civil Code<\/a>. Build the quantum like an accountant, not like a storyteller: medical costs with invoices, lost earnings with the employment contract and payslips, travel to hospitals and hearings, damaged property with repair estimates or replacement receipts, and the moral suffering documented by medical and psychological certificates rather than adjectives. And remember the costs order:
Le tribunal condamne l’auteur de l’infraction ou la personne condamn\u00e9e civilement en application de l’article 470-1 \u00e0 payer \u00e0 la partie civile la somme qu’il d\u00e9termine, au titre des frais non pay\u00e9s par l’Etat et expos\u00e9s par celle-ci.<\/q> That is Article 475-1 of the Code of Criminal Procedure, at Article 475-1 of the Code of Criminal Procedure<\/a>, which means the court can order the convicted person to reimburse the legal expenses the state did not pay, so keep every fee note and receipt from the first consultation onwards.<\/p>\n
II. How do I actually get paid when the offender cannot pay, and how do I challenge a refusal or a low offer?<\/h2>\n
A. When does the CIVI pay British victims of violent crime committed in France?<\/h3>\n
Toute personne, y compris tout agent public ou tout militaire, ayant subi un pr\u00e9judice r\u00e9sultant de faits volontaires ou non qui pr\u00e9sentent le caract\u00e8re mat\u00e9riel d’une infraction peut obtenir la r\u00e9paration int\u00e9grale des dommages qui r\u00e9sultent des atteintes \u00e0 la personne.<\/q> Full text at Article 706-3 of the Code of Criminal Procedure<\/a>. Three cumulative conditions follow, and a British file typically satisfies each of them where the facts occurred in France. First, the injury must fall outside the schemes for road accidents, workplace accidents, hunting accidents and terrorism, which have their own funds; a road-traffic injury therefore belongs to the motor-insurance route described in our guide for British cyclists and pedestrians hurt on French roads at British cyclist or pedestrian hurt in France<\/a>, not to the CIVI. Second, the facts must have caused death, permanent incapacity, or total incapacity for work of at least one month, unless they belong to the listed categories of sexual violence, trafficking, or violence against minors and partners, which qualify regardless of duration. Third, and decisive for this readership:
La personne l\u00e9s\u00e9e est de nationalit\u00e9 fran\u00e7aise ou les faits ont \u00e9t\u00e9 commis sur le territoire national.<\/q> A British passport is no obstacle where the assault, the burglary with violence, or the sexual offence happened in France; conversely, a British resident attacked during a weekend in London cannot use the CIVI for those facts. Compensation can still be reduced or refused for the victim’s own fault, so disclose any complicating fact to your lawyer early rather than letting the Fonds de garantie, which is the guarantee fund that actually pays the award and then pursues the offender, discover it.<\/p>\n
A peine de forclusion, la demande d’indemnit\u00e9 doit \u00eatre pr\u00e9sent\u00e9e dans le d\u00e9lai de trois ans \u00e0 compter de la date de l’infraction. Lorsque des poursuites p\u00e9nales sont exerc\u00e9es, ce d\u00e9lai est prorog\u00e9 et n’expire qu’un an apr\u00e8s la d\u00e9cision de la juridiction qui a statu\u00e9 d\u00e9finitivement sur l’action publique ou sur l’action civile engag\u00e9e devant la juridiction r\u00e9pressive.<\/q> Full text at Article 706-5 of the Code of Criminal Procedure<\/a>. Forclusion means the guillotine falls automatically: one day late and the right is gone, subject only to narrow relief where the required information was never given, where you were unable to act in time, where your injury worsened, or for any other legitimate reason. The Cour de cassation applies the extension with rigour in the victim’s favour. In its judgment of 1 April 2021, case No 20-11.122, the Second Civil Chamber restated the rule,
Selon ce texte, \u00e0 peine de forclusion, la demande d’indemnit\u00e9 doit \u00eatre pr\u00e9sent\u00e9e dans le d\u00e9lai de trois ans \u00e0 compter de la date de l’infraction,<\/q> then quashed the court of appeal which had declared a victim out of time although
M. F… avait saisi la CIVI le 2 mars 2017, soit dans le d\u00e9lai d’un an \u00e0 compter du 4 avril 2016, date \u00e0 laquelle l’ordonnance d’incomp\u00e9tence du juge d’instruction, dont elle avait retenu qu’elle avait mis fin \u00e0 l’action publique d\u00e9clench\u00e9e par la plainte avec constitution de partie civile, \u00e9tait devenue d\u00e9finitive.<\/q> Full decision at Cass. 2nd civ., 1 April 2021, No 20-11.122<\/a>. The lesson for a British claimant is mechanical: note the date of the offence, note every criminal decision and the date it became final, diary the one-year extension, and file the CIVI application protectively even while the criminal case continues, because a protective filing costs little and a missed deadline costs everything.<\/p>\n
Lorsqu’une juridiction condamne l’auteur d’une infraction mentionn\u00e9e aux articles 706-3 et 706-14 \u00e0 verser des dommages-int\u00e9r\u00eats \u00e0 la partie civile, elle informe cette derni\u00e8re de la possibilit\u00e9 de saisir la commission d’indemnisation des victimes d’infraction d’une demande d’indemnit\u00e9 ou de saisir le fonds de garantie des victimes des actes de terrorisme et d’autres infractions d’une demande d’aide au recouvrement.<\/q> That is Article 706-15 of the Code of Criminal Procedure, at Article 706-15 of the Code of Criminal Procedure<\/a>. If the judgment in your case gave that information, keep it with the CIVI file; if it did not, that omission is precisely one of the statutory grounds for lifting forclusion, and your application should say so.<\/p>\n
B. What if my loss is property, my CIVI claim is refused, or the fund’s offer is too low?<\/h3>\n
Toute personne qui, victime d’un vol, d’une escroquerie, d’un abus de confiance, d’une extorsion de fonds ou d’une destruction, d’une d\u00e9gradation ou d’une d\u00e9t\u00e9rioration d’un bien lui appartenant, d’un chantage, d’un abus de faiblesse ou d’une atteinte aux syst\u00e8mes de traitement automatis\u00e9 de donn\u00e9es, ne peut obtenir \u00e0 un titre quelconque une r\u00e9paration ou une indemnisation effective et suffisante de son pr\u00e9judice, et se trouve de ce fait dans une situation mat\u00e9rielle ou psychologique grave, peut obtenir une indemnit\u00e9.<\/q> Full text at Article 706-14 of the Code of Criminal Procedure<\/a>. Three filters decide the outcome, and each needs evidence, not assertion. The offence must belong to the listed property crimes, so a simple contractual dispute without fraud stays outside. The victim must be unable to obtain effective and sufficient compensation elsewhere, which means you must show the offender did not pay and no insurer covered the loss: produce the final criminal judgment with the damages award, the bailiff’s report of unsuccessful enforcement, known as the proc\u00e8s-verbal de carence, and your insurer’s refusal or shortfall letter. And the victim must be in a grave material or psychological situation with resources below the legal-aid ceiling, so assemble bank statements, tax notices, and any medical evidence of the psychological impact, because the fund tests gravity on paper, not on sympathy.<\/p>\n
Conclusion<\/h2>\n
Need a quick opinion on your case<\/h2>\n