GOOD TO KNOW

If you are a victim of a criminal offence, you can :

  • Either go to the police station or the gendarmerie brigade closest to the place of the offence;
  • Or send a letter to the public prosecutor of the Republique of the High Court  or to the offender’s residence if you know him/her.

The judicial police officers are obliged to treat all complaints and to forward them to the competent judicial police department or unit.

It should be noted that the public prosecutor is the one who receives your complaint, regardless of the approach you take.

In order to obtain compensation for your loss, you must file a civil suit. This is the act by which the victim asks to participate in criminal proceedings as a victim to defend his or her interests and obtain compensation for his or her loss. The constitution of a civil suit allows the victim to claim damages.

You can file a civil suit in the event of prosecution :

  • When you file a complaint at the police station or at the gendarmerie brigade;
  • With the examining magistrate;
  • At the hearing.

VICTIMS RIGHTS

The JUDEVI (judge delegated to victims) was created by decree on November 13, 2007, and is attached to each High Court. It ensures that the rights of victims are taken into account during the implementation and execution phase of the decision rendered against the perpetrator of the criminal offence.

It intervenes only at the request of a victim of a criminal offence.
It issues orders, which are measures of judicial administration (therefore not subject to appeal). These orders are sent to the JAP with a copy to the public prosecutor.

You have been the victim of an offence whose perpetrator has been identified and sentenced but you are unable to obtain the financial compensation decided by the criminal judge.

ADAVIM FRANCE VICTIMES MARTINIQUE can help you apply to the SARVI (Service d’aide au recouvrement des victimes d’infractions pénales).
Victims of offenses that are not eligible for the CIVI must use traditional collection methods and in most cases use the services of a bailiff. In addition to having to advance considerable costs, victims must follow a collection procedure whose outcome is highly uncertain and most often far from the amounts set by the court.

The objective of the Service d’assistance au recouvrement des victimes d’infractions (SARVI) is to allow victims, who so wish, to recover their damages under the best possible conditions, without advancing costs, and to be offered a lump-sum advance payment without waiting for the first payment from the perpetrator.

Victims of serious criminal offences can obtain compensation from the State for their loss.

In some cases, the compensation can be reduced.

The CIVI is an autonomous jurisdiction that can be seized independently of criminal proceedings. It examines the requests for compensation that are addressed to it and can grant the victim a capped, full or partial compensation.

Full compensation

Any victim of an intentional or unintentional act, and having the material character of a criminal offence, can be fully compensated for the prejudice resulting from the attacks on the person that he/she has suffered if these acts :

  • have resulted in death, permanent disability or total work incapacity of at least one month ;
  • constitute rape, sexual assault, assault on a minor or trafficking in human beings, with no minimum disability requirement.

 Partial compensation

If the victim has suffered :

  • a bodily injury resulting in less than one month’s absence from work or activity;
  • theft, fraud, breach of trust, extortion or damage to property.

To do so, the victim must meet certain conditions.