Back home after a crime in France: how to claim damages without returning for the trial

Victim living abroad claiming damages in a French criminal case

French legal terms are kept in French. The English given in brackets is only an approximate translation.

You were the victim of an assault, a theft, a scam or an accident during a stay in France, and you have since returned home. Months later, you learn that the offender will be tried in Nice or Grasse. Travelling back for the hearing may be costly, difficult or painful. French law allows a victim to claim damages in the criminal case without appearing in person. This page explains how.

This page explains the rules as they stand on 5 November 2026. It describes French law in general terms and does not replace advice on a specific file. To reach the firm, call +33 4 22 13 03 54 or use our contact form. All our pages in English are listed on our international clients page.

Becoming a civil party

In France, a victim can take part in the criminal trial to claim compensation. This is called becoming a partie civile (approximate translation: "civil party", meaning a victim who joins the criminal case to claim damages). The criminal court then rules both on the guilt of the accused and on the damages owed to the victim.

Before the criminal court, any person who claims to have been harmed by an offence can become a civil party at the hearing itself and claim damages corresponding to the harm suffered. A lawyer is not compulsory (article 418 of the French code of criminal procedure). The police must inform victims of this right (article 10-2).

Claiming in writing, without attending

The law provides a simplified route. Any person who claims to have been harmed can become a civil party, directly or through a lawyer, by registered letter with acknowledgement of receipt, by fax or by electronic communication, provided it reaches the court at least 24 hours before the hearing. The victim can ask for the return of seized items or for damages, and must attach all the supporting documents for the harm claimed (article 420-1).

Three further points in the same article matter for a victim abroad:

  • If the 24-hour deadline is missed, the claim cannot be declared inadmissible if the court actually had knowledge of it before the prosecutor's submissions on the merits.
  • With the prosecutor's agreement, the claim can be made during the police investigation, to a police officer, who records it in a report. It then counts as a civil party claim if the case is prosecuted and brought directly before the criminal court.
  • In these cases, the civil party does not have to appear at the hearing.

If the court does not find enough in the claim, the supporting documents and the file to rule, the decision on damages is adjourned to a later hearing (same article).

The timing rule at the hearing

When the claim is made at the hearing, it must be made before the prosecutor's submissions on the merits, or it is inadmissible (article 421). A written claim sent in time avoids this risk.

Why the supporting documents matter

The court can only award what is proven. A claim made from abroad must therefore be complete:

  • medical records, translated where necessary, and any medical assessment;
  • proof of financial losses: invoices, receipts, loss of earnings, travel costs incurred because of the offence;
  • for theft or fraud: proof of ownership and value, bank statements;
  • the reference of your complaint.

A claim that simply asks for "compensation" without figures and evidence rarely leads to full compensation.

The advantage of being represented by a lawyer

You can send the claim yourself, but a lawyer registered in France can:

  • follow the case and find out the hearing date;
  • consult the file and check how the facts are presented;
  • prepare a complete, figured claim with the right documents;
  • plead for you at the hearing and answer the defence's arguments;
  • follow up after the judgment, including enforcement or an application to the CIVI where the offender does not pay and the conditions are met.

The police must inform victims that they can be assisted by a lawyer of their choice or, at their request, one appointed by the bar, at their own cost unless they qualify for legal aid or have legal expenses insurance (article 10-2).

If the offender cannot pay, or is never identified

For serious harm and certain offences, the crime victims' compensation commission (CIVI) can award compensation paid by a guarantee fund. One condition is that the victim is French or that the facts were committed in France. The application must be made within three years of the offence, extended to one year after the final decision if there is a prosecution, with a possible relief from the time bar (articles 706-3 and 706-5). See our page for victims of crime on the French Riviera.

Where to start

  1. Keep the reference of your complaint and any letter received from the French authorities, in particular a notice informing you of the hearing. Our French page on the notice to victims explains this document.
  2. Gather and organise your supporting documents.
  3. Contact a lawyer as soon as you know a hearing date, or earlier if you want the claim made during the investigation.

How we can help

Our firm acts for victims before the criminal courts of Nice and Grasse, and anywhere in France. We can follow your case while you are abroad and keep you informed of each step. Our French page on the criminal court explains how hearings take place.

Our firm works mainly in French. If you do not speak French, tell us when you contact us and we will arrange for an interpreter. You can read our fees page and our page on legal expenses insurance, both in French.

Frequently asked questions

Do I have to attend the trial in France to be compensated?

No. You can become a civil party in writing, directly or through a lawyer, and you then do not have to appear.

How do I send my claim?

By registered letter with acknowledgement of receipt, by fax or electronically, so that it reaches the court at least 24 hours before the hearing, with all the supporting documents.

Can I claim before the case reaches court?

Yes, with the prosecutor's agreement, during the police investigation. The claim then counts if the case is brought directly before the criminal court.

What if the offender does not pay?

Depending on the harm and the offence, you may be able to apply to the CIVI. One condition is that the facts took place in France or that you are French.

Do I need a lawyer?

It is not compulsory. A lawyer makes it easier to follow the case from abroad and to present a complete claim.

The code of criminal procedure is to be reorganised from 1 January 2029 by ordinance no. 2025-1091 of 19 November 2025. The article numbers above are those in force on 5 November 2026.

GUERINOT & GUEDDA, Lawyers at the Nice Bar – Victims of crime and accidents.

+33 4 22 13 03 54 – cabinet@rig-avocats.com

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