The Constitution Of The Civil Party And Its Effects
LexInter | March 23, 2019 | 0 Comments

The Constitution Of The Civil Party And Its Effects

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

 

Paragraph 2: The constitution of the civil party and its effects

Article 418

Anyone who, in accordance with article 2, claims to have been injured by an offense, may, if he has not already done so, become a civil party at the hearing itself.
The ministry of a lawyer is not compulsory.
The civil party may, in support of its constitution, claim damages corresponding to the damage caused to it.

Article 419

   The declaration of the constitution of civil party is made either before the hearing at the clerk’s office, or during the hearing by declaration recorded by the clerk or by filing of pleadings.

Article 420

When made before the hearing, the declaration of the civil party must specify the offense prosecuted and contain the choice of domicile within the jurisdiction of the court seised, unless the civil party is domiciled there.
It is immediately transmitted by the clerk to the public prosecutor who calls the civil party for the hearing.

Article 420-1

(Law n ° 81-82 of February 2, 1981 art. 87 Official Journal of February 3, 1981)
(Law n ° 83-466 of June 10, 1983 art. 34 Official Journal of June 11, 1983 in force on June 27, 1983)
(Law n ° 83-608 of July 8, 1983 art. 12 Official Journal of July 9, 1983 in force on September 1, 1983)
(Law n ° 93-2 of January 4, 1993 art. 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 111 Official Journal of June 16, 2000)

Notwithstanding the foregoing provisions, any person claiming to be injured may become a civil party, directly or through his lawyer, by registered letter with acknowledgment of receipt or by fax sent to the court at least twenty-four hours before the date of the claim. hearing, when it requests either the return of seized objects or damages; it attaches to its request all the supporting documents for its loss. These documents are immediately attached to the file.
With the agreement of the public prosecutor, the request for restitution or for damages may also be made by the victim, during the police investigation, to an officer or a judicial police agent, who draws up a report. This request constitutes the constitution of civil party if the public action is set in motion and the criminal or police court is directly seized.
In the cases provided for in the two preceding paragraphs, the civil party is not required to appear.
In the event of a dispute over the ownership of the objects whose return is requested, or if the court does not find in the request, in the documents attached thereto and in the file, sufficient grounds to rule, the decision on the only civil interests is deferred to a subsequent hearing to which all parties are summoned at the behest of the prosecution.

Article 420-2

(Law n ° 81-82 of February 2, 1981 art. 87 Official Journal of February 3, 1981)
(Law n ° 2000-516 of June 15, 2000 art. 133 Official Journal of June 16, 2000)

The decision rendered on the request for the return of seized objects or for damages presented in accordance with the provisions of article 420-1 produces all the effects of a contradictory decision; it is served on the civil party by bailiff’s writ in accordance with the provisions of articles 550 and following.

Article 421

(Law n ° 75-624 of July 11, 1975 art. 25 Official Journal of July 13, 1975 in force on January 1, 1976)

At the hearing, the declaration of civil party must, under penalty of inadmissibility, be made before the requisitions of the public prosecutor on the merits or, if the court has ordered the adjournment of the pronouncement of the sentence, before the requisitions of the ministry. public on the penalty.

Article 422

(Law n ° 81-82 of February 2, 1981 art. 85 Official Journal of February 3, 1981)

The person who has become a civil party can no longer be heard as a witness.
However, the civil party is assimilated to the witness with regard to the payment of compensation, unless the court decides otherwise.

Article 423

The court assesses the admissibility of the constitution of civil party and, if it falls, declares this constitution inadmissible.
The inadmissibility can also be raised by the public prosecutor, the accused, the civilly responsible or another civil party.

Article 424

   The civil party can always be represented by a lawyer or a solicitor. In this case the judgment is contradictory with regard to him.

Article 425

(Law n ° 81-82 of February 2, 1981 art. 86 Official Journal of February 3, 1981)

The duly cited civil party who does not appear or is not represented at the hearing is considered to have withdrawn from his constitution of civil party.
In this case, and if the public action has only been set in motion by the direct summons issued at the request of the civil party, the court shall rule on said action only if so requested by the public prosecutor; except to the defendant to ask the court for damages for abuse of direct summons, as stated in article 472.
The judgment noting the alleged withdrawal of the civil party is served on him by bailiff’s writ, in accordance with the provisions of articles 550 and following. This judgment is assimilated to a default judgment, and the

Article 426

   The withdrawal of the civil party does not preclude the civil action before the competent court.

(Law nº 93-2 of January 4, 1993 art. 57 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 18 Official Journal of August 25, 1993 in force on September 2, 1993)

The withdrawal of the civil party does not preclude the civil action before the competent court.

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