Question 21654 — victim assistance

Summary

Mr. Fabien Gouttefarde alerts the Minister of Action and Public Accounts about the inability of SARVI to recover sums on behalf of victims. The guarantee fund's recovery assistance service for victims of offenses (SARVI) is aimed at victims who have suffered slight bodily injury or certain damage to property, who cannot be compensated before the Compensation Commissions for Victims of Offenses (CIVI) and who often experience difficulty in enforcing court decisions. This service can help victims recover damages awarded by the court at the end of a criminal trial, in addition to the system of compensation for victims of offenses structured around the compensation commissions for victims of offenses (CIVI) and entrusted to the guarantee fund for victims of acts of terrorism and other offenses (FGTI). An organization deprived of moral rights, this guarantee fund acts, under the control of the Ministry of Finance, in the name of national solidarity. However, although it is mandated to recover sums on behalf of victims of fraud for example, this organization, due to its private law status, does not in any case have the same weapons as its supervisory ministry when it comes to collecting the funds from a third party holder. are to be recovered. Thus, victims may find themselves in a status quo situation several years after a third party has been ordered to repay a sum or pay compensation. The non-execution, in fact, of the sentence due to this legal incapacity of the SARVI, leaves among the victims an unpleasant feeling of impunity and ineffectiveness. Also, it alerts him of this anomaly which constitutes the impossibility for the SARVI to directly collect sums to be recovered from third party holders.

Machine translation from French. The official text remains authoritative.

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