Section 3: Specific provisions for victims of violence and offences committed within a couple or within the family

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D1-11D1-11-1D1-11-2D1-12

Article D1-11-1

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

In cases of domestic violence covered by the article 132-80 of the Penal Code, the public prosecutor shall check, before initiating public proceedings, whether the violence was committed in the presence of a minor and whether the aggravating circumstance provided for in b of articles 222-8,222-10 and 222-12 of the same code is characterised, so that proceedings may be brought on the basis of these provisions, without prejudice to the possibility, for the investigating or trial court only seised pursuant to 6° of these articles, of re-characterising the facts in this way.

The public prosecutor will then ensure that the minor is able to bring a civil action during the prosecution, if necessary by being represented by an ad hoc administrator pursuant to Articles 706-50 and 706-51 of this code, including before the trial hearing in accordance with articles 419 and 420, so that he can be summoned there as a civil party and not as a witness. When an investigation is opened, the examining magistrate shall, in accordance with article 80-3, the minor's legal representative or the ad hoc administrator appointed by the Public Prosecutor or by himself pursuant to Article 706-50 of his right to bring a civil action on behalf of the minor. The provisions of this paragraph also apply in the event of prosecution for murder committed by the victim's spouse or partner or the partner linked to the victim by a civil solidarity pact, where the acts were committed in the presence of a minor.

In the cases provided for in the two preceding paragraphs, the public prosecutor shall also ensure that the record of the proceedings before the trial court contains all the information that will enable the court to assess the extent of the harm suffered by the minor and to reach a decision, in accordance with the provisions of the penal code and the civil code, on the total or partial withdrawal of parental authority or its exercise or as well as on the suspension of visiting and accommodation rights, where appropriate by adding to the file documents emanating from proceedings before the judicial court, the family affairs judge or the children's judge, or by requesting if necessary a psychological examination or expertise of the minor.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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