Your Questions, Our Answers
Published on : July 03, 2026
Compensations
Explanations Regarding the 6-Month Deadline
Article 706-164, paragraph 2, of the French Code of Criminal Procedure provides:
"Any person who, having joined the proceedings as a civil party, has obtained a final decision awarding them damages and compensation for harm suffered as a result of a criminal offense, as well as costs under Articles 375 or 475-1, and who has not received compensation, restitution under Articles 706-3 or 706-14, or recovery assistance under Article 706-15-1, may request that the Agence de Gestion et de Recouvrement des Avoirs Saisis et Confisqués (AGRASC) pay these amounts by deducting them from the funds or the liquidation value of their debtor’s assets, the confiscation or non-restitution of which has been ordered by a final decision, and of which the Agency is the custodian under Articles 706-160 or 707-1. Under the same conditions, compensation or restitution may be paid by deducting from the funds or the liquidation value of the debtor’s assets that have become State property under the last paragraph of Article 41-4, and of which the Agency is the custodian under Articles 706-160 or 707-1.
This payment request must be sent by registered mail to Agrasc within six months from the date the decision referred to in the first paragraph of this article becomes final, or the claim will be forfeited.
Consequently, civil claimants have six months from the date the damages award becomes final to contact Agrasc.
Thus, the deadline for civil parties is determined by the civil judgment, not the criminal conviction.
However, it is essential not to wait for the enforceable decision before contacting Agrasc. A request sent by registered mail must be submitted to Agrasc to preserve your rights within six months from the date of the final damages award; any missing documents may be provided later.
Lifting of the time-bar
No text currently provides for the lifting of the time-bar in this specific case. However, the lifting of the time-bar must be expressly provided for by a statute to be considered. It is therefore not possible to request it from Agrasc.
Calculation of Amounts for Multiple Civil Parties
When, in the same case, multiple civil parties have filed claims on different dates, how are the amounts to be paid to each civil party calculated?
Article 706-164 of the French Code of Criminal Procedure provides that, in cases involving multiple claiming creditors and insufficient assets to fully compensate them, payment is made on a first-come, first-served basis.
The agency must rank each claim in order of receipt and proceed with compensation for the party that filed its claim first, then the second, and so on until the available funds are exhausted.
How is compensation calculated when multiple civil parties file claims on the same day?
If multiple claims are filed on the same day (with the date stamp of Agrasc’s receipt serving as proof) and all are admissible, Article 706-164 of the French Code of Criminal Procedure provides that the distribution is made pro rata.
Agrasc calculates the total amount to be distributed. If it cannot fully compensate all civil parties because the total amount of claimed damages exceeds the available funds, it distributes the funds proportionally to the amount owed to each civil party.
Example
If Agrasc has €100,000 under its management and the total cumulative amount claimed by the civil parties is €120,000 (including €70,000 for X and €50,000 for Y), it will proceed as follows:
For X: €70,000 / €120,000 = 58.33%, which is then applied to €100,000: €58,330.
For Y: €50,000 / €120,000 = 41.67%, which is then applied to €100,000: €41,670.
Can Agrasc proceed with compensation if the convicted person, against whom the confiscation penalty was imposed, has appealed the criminal provisions?
Agrasc cannot proceed with the compensation of the civil party until both the decision on the damages claimed by the civil party and the decision on the confiscation of the property managed by Agrasc have become final.
Can a civil party file a compensation claim based on a decision awarding damages rendered by a civil court?
Article 706-164 of the French Code of Criminal Procedure provides that:
"Any person who, having joined the proceedings as a civil party, has obtained a final decision awarding it damages as compensation for the harm suffered as a result of a criminal offense, as well as costs under Articles 375 or 475-1..."
A criminal court decision—convicting an offense, imposing a confiscation penalty, and awarding damages to a civil party—is required.
Therefore, a claim cannot be filed under this article based on a decision rendered by a civil court, which, for example, would rule on a neighborhood dispute.
Can a civil party obtain compensation from confiscated/non-restituted property by the court, State-owned property, or property not belonging to its debtor?
The text provides that compensation for the civil party can only be granted from the debtor’s property. The agency carefully examines the property subject to the confiscation/non-restitution decision and their original owner. The same applies to property that has become State-owned.
Can it be considered that the convicted person has fulfilled their obligation to compensate the civil parties when the agency has compensated them from confiscated property?
Confiscated funds are intended to become State property, and the compensation mechanism provided for in Article 706-164 of the French Code of Criminal Procedure is in reality merely an advance granted by the State to the convicted person. Indeed, the State subsequently has a right of recourse against the convicted person:
"The State is subrogated, up to the amount paid, to the victim’s rights against the offender..."
Thus, compensation of the civil party by Agrasc in no way demonstrates any positive effort on the part of the convicted person—which would be considered in the context of fulfilling their obligations—but merely results from the implementation of a "facility" offered to the civil party to recover the awarded damages.
Which civil parties are eligible for the compensation scheme managed by Agrasc?
All civil parties are eligible for this scheme (whether they are natural or legal persons), with the exception of the State.
Can a lawyer receive the funds on behalf of their client?
Yes, they must provide their CARPA bank details instead of their client’s, along with a written authorization from their client to receive the funds, in addition to the other supporting documents.
Can a civil party receive compensation from both the Guarantee Fund and Agrasc?
Yes, if the compensation received from the Guarantee Fund has not fully covered the damages awarded to the civil party (where the awarded amount exceeds the compensation received), the civil party is entitled to request the remaining amount from Agrasc.
Agrasc systematically consults the Guarantee Fund before proceeding with any compensation to avoid double compensation.
Restitutions
Where can I pick up movable property that wasn’t sold before the judgment?
Movable property that wasn’t sold before the judgment can be picked up from the sealed goods office.
What is a certificate of no appeal (and a certificate of no cassation)?
A certificate of no appeal is a document issued by the court registry confirming that a judgment rendered in the first instance has not been appealed within the allowed time frame. It allows the execution of a judgment after making sure it cannot be challenged by a higher court decision. A certificate of no cassation is a document issued by the court registry certifying that a final court decision is not subject to appeal to the Court of Cassation.
How long does it take to process a restitution request?
The processing of a restitution request can take several months.
What is a procedure for informing public creditors?
Article 706-161, paragraph 4 of the Code of Criminal Procedure provides that Agrasc informs the competent services and the victims, either at their request or on its own initiative, about assets that are returned by a court decision, in order to ensure payment of their claims, including tax, customs, social, or compensation claims. So, when it appears that fines or tax/social debts remain unpaid by the recipient of the restitution decision and the agency receives a third-party attachment notice, it pays the amounts owed on behalf of the fund owner, before returning the remaining balance to them if applicable.
Can a lawyer receive funds for their client?
Yes, they will need to provide their CARPA bank details instead of those of their client and a written authorization from the client to receive the funds, in addition to other supporting documents.