Request for compensation during criminal proceedings
In France, the victim may request compensation in a criminal trial if the person responsible for the damage has committed an offence, such as hate speech. This is called a civil action or claim. The victim can request compensation at any time during the criminal proceedings before the final judgment is given. This civil action can happen before the trial or during the trial.
1. Before the trial
A claim for compensation can be made at any time during the investigations, for example after having filed a complaint at the police station. The victim can also claim for compensation when filing a complaint directly to the public prosecutor. In this case the victim must indicate clearly in the complaint his/her desire to file a civil action.
The civil claim can also be made right before the trial by sending a letter to the court with all supporting documents (medical certificates, invoices etc.)
2. During the trial
The victim may ask for compensation on the day of the trial in the court of first instance, either orally when the case is raised by the president of the court or by submitting a written application. This action must be taken before the public prosecutor intervenes and asks the court to condemn the perpetrator.
Types of losses that can be compensated
The victim may ask to be compensated for the loss of both:
- material loss (damaged or lost property, financial loss)
example A damaged car, or money that the victim has spent for their treatment in hospital to recover from the moral suffering caused by the hate speech
- moral suffering
example The victim may request compensation for the damage to his/her well-being, reputation or honour caused by the hate speech.
The victim who wishes to obtain compensation must compile a file containing an assessment of the amount of compensation for each loss (moral, financial, physical).
The assessment must include the costs directly related to the damage suffered. The victim must also prove that:
- the damage was directly caused by the offence (hate speech) committed by the perpetrator
- the person from whom the victim is claiming compensation is responsible for the loss
- the damage is real and undeniable
- the damage concerns the victim personally
Amount of compensation
In determining the amount of compensation, the court will consider:
- the gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors