Compensation for victims of sexual offences, child abuse, domestic violence and other offences against the person: Sovereign Order no. 10.640 of 27 June 2024 implementing Law no. 1.555

Sovereign Order no. 10.640 of 27 June 2024 (JDM no. 8702 of 7 July 2024) implements articles 3, 8 and 9 of Law no. 1.555 of 14th December 2023 relating to compensation for victims of sexual offences, offences against children, domestic violence and other offences against the person. Entry into force on 8 July 2024.

It is supplemented by Appendix : Annexe I – Formulaire de demande d’indemnisation ("Compensation claim form") and Annexe II – Feuillets supplémentaires N° 1 – AUTRE PERSONNE CONDAMNÉE, N° 2 – AUTRE INDEMNISATION REÇUE ("Additional sheets No. 1 - OTHER PERSON CONDEMNED, No. 2 - OTHER COMPENSATION RECEIVED").

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¤ Information to be included in the claim form (on pain of inadmissibility):

• the victim's identity and contact details: name, surname, forenames, date and place of birth, nationality, profession, address, telephone number and e-mail address;
• if the beneficiary of the compensation is a beneficiary of the victim: the identity and contact details of the beneficiary: the victim's surname, customary name, first names, date and place of birth and the date and place of the victim's death);
• if the beneficiary of the compensation (the victim or his heirs) is represented by a lawyer: the lawyer's surname, first name, address, telephone number and e-mail address;
• if the beneficiary of the compensation (victim or his beneficiary) has a legal representative: - if the legal representative is a natural person: his surname, customary name, first names, date and place of birth, nationality, profession, address, telephone number and e-mail address, as well as the reason for the representation and the relationship between him and the claimant; - if the legal representative is a legal entity: its legal form, its name, the name, surname and first name of the person authorised to represent it, the name, surname and first name of the file manager if known, its date of incorporation, its country and registration number, its corporate purpose, the address of its registered office, its telephone number, its e-mail address, as well as the reason for the representation and the links between it and the claimant;
  
• information relating to the attempt to recover the compensation: the date of the formal notice to pay the full amount of the damages or the advance awarded by the decision sent to the convicted person by registered letter with acknowledgement of receipt;
• if a bailiff is in charge of recovering the sums awarded: the name of the bailiff's office or the bailiff in charge of recovery and his contact details;
• information about the decision awarding damages or an advance: its date, the number of the proceedings, the name of the court that handed down the decision and its location, the offences on which the conviction is based, the sum awarded and its nature;
• if one or more payments of compensation have been received in advance: information relating to each payment, namely: the full name of the payer, the amount of the sums received, the date on which they were received and the full name of the convicted person for whom the funds were paid;
• if a claim has been filed with a foreign compensation fund or any other similar entity and no payment has yet been made: the name and country of the entity involved and, if known, the amount awarded and the expected date of payment.

The application must be signed and dated by the applicant (the victim, his or her legal representative or defence counsel, or the victim's heirs) and state where it was signed.

¤ Particulars of the application, where known to the applicant:

1. the identity and contact details of the person ordered to pay compensation: surname, given name, date and place of birth, nationality, profession, address, telephone number and e-mail address, the identity of the employer or last known employer, the address of the job or last known job, the relationship between the person and the victim;
2. where the person ordered to pay compensation is a minor or an adult under legal protection: the identity and contact details of their legal representative, i.e. their surname, customary name, first names, date and place of birth, nationality, profession, address, telephone number and e-mail address, the identity of their employer or last known employer, the address of their job or last known job, the name of their civil liability insurance and their insurance policy number.

¤ Supporting documents that must accompany the claim form (on pain of inadmissibility):

1. a copy of a valid official document showing the identity and photograph of the beneficiary of the claim, i.e. the victim or his/her beneficiary;
   a copy of the enforceable court decision awarding damages or an advance to the victim, or a copy of the court decision accompanied by any document proving that the decision is enforceable;
2. a copy of the formal notice sent by recorded delivery;
3. if the sentence was imposed jointly and severally: a copy of each of the formal notices sent to the convicted parties;
4. if the formal notice was not sent because of knowledge of the death of the convicted person: a death certificate or any other official document establishing the death;
5. if a partial payment of the damages or the advance awarded has been received: any document attesting to the payment;
6. if steps have been taken to obtain payment of the damages or the advance from a bailiff, an insurance company, a foreign compensation fund, a social security organisation or any other person: any document justifying the steps taken;
7. the bank details of the beneficiary of the claim (the victim or his/her beneficiary), including the international bank account number (IBAN) and the bank identification code (BIC).

Any other useful information may also be attached to the request, in particular additional documents relating to the assets or resources of the perpetrator, as well as the identity of his employer.

If the original supporting documents are not in French, they must be accompanied by a certified translation by an approved or sworn translator.

¤ Determination and payment of compensation:

• The Director of Judicial Services shall award the claimant full payment of the damages or the advance awarded to him, if the amount is less than or equal to 20,000 euros,
• If the amount of damages or the advance awarded to the victim exceeds 20,000 euros, the Directeur des Services Judiciaires will award the claimant compensation corresponding to 80% of the amount awarded, up to a maximum of 30,000 euros, but not less than 20,000 euros.

The following sums already received by the victim or his dependants will be deducted from the amount of compensation awarded:

• sums paid by the convicted person or sums paid on his behalf by any other person;
• sums from a foreign compensation fund in respect of the loss or injury that is the subject of the claim;
• compensation of any kind received or to be received from other debtors in respect of the same loss, including daily allowances paid by social security bodies;
• sums from any other source, Monegasque or foreign, received in respect of the loss on which the claim is based.

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