Chapter VII: Compensation for a conviction

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626-1

Article 626-1

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

Without prejudice to the single chapter of Title IV of Book I of the code de l'organisation judiciaire, a convicted person found innocent following a review or reconsideration granted pursuant to this Title is entitled to full compensation for the material and non-material damage caused to him by the conviction. However, no compensation shall be due where the person was convicted of acts of which he freely and voluntarily accused himself or allowed himself to be falsely accused with a view to having the perpetrator escape prosecution.

Any person who can prove that they have suffered prejudice as a result of the conviction may also claim compensation under the same conditions.

At the request of the person concerned, the prejudice shall be assessed by an expert report carried out under the conditions mentioned in Section 9 of Chapter I of Title III of Book I of this Code.

Compensation is awarded by the first president of the court of appeal in whose jurisdiction the person concerned resides and in accordance with the procedure set out in articles 149-2 to 149-4. If the person so requests, compensation may also be awarded by the decision that found him or her innocent. Before the assize court, compensation is awarded by the court ruling, as in civil matters, without the assistance of jurors.

This compensation is payable by the State, unless recourse is taken against the civil party, the informant or the false witness through whose fault the conviction was handed down. It is paid as criminal, correctional and police court costs.

If the applicant so requests, the judgment or ruling showing the innocence of the convicted person is posted in the town where the conviction was handed down, in the municipality of the place where the crime or misdemeanour was committed, in that of the applicant's domicile, in those of the place of birth and last domicile of the convicted person, if he is deceased or declared absent; under the same conditions, it is ordered that it be inserted in the Journal officiel and published in extracts in five newspapers chosen by the court that handed down the decision.

The costs of the publicity mentioned in the penultimate paragraph shall be borne by the Treasury.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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