Article 4 of the Code of Criminal Procedure, as amended by Law No. 2007-291 of 5 March 2007, provides that a civil action for compensation for damages caused by a criminal offence may be brought before a civil court independently of the public prosecutor.
However, the civil action must be stayed until a final decision is made on the public prosecution if the public prosecution has been initiated.
On the other hand, the initiation of the public prosecution does not require a stay of judgement in the other cases brought before the civil court, even if the decision to be taken in the criminal proceedings is likely to have an impact on the outcome of the civil proceedings.
(Versailles Court of Appeal, Social Division, 27 February 2025, Répertoire Général No 24/02477 and Lyon Court of Appeal, 3rd Chamber A, 16 November 2023, Répertoire Général No 19/04915).
Article 4(3) states that the commencement of criminal proceedings does not automatically suspend other civil proceedings, except for actions for compensation for damage caused by the offence.
This provision aims to prevent civil proceedings from being unnecessarily delayed by ongoing criminal proceedings, while respecting the legal force of criminal proceedings in relation to civil proceedings (Versailles Court of Appeal, Social Division, 27 February 2025, Répertoire Général No 24/02477).
Case law confirms this interpretation, as shown by the decision of the Versailles Court of Appeal of 27 February 2025, which applies Article 4(3) by specifying that the civil court may continue to rule on other civil cases even if a criminal decision is pending.
Furthermore, on 16 November 2023, the Lyon Court of Appeal ruled that the mere filing of a criminal complaint does not automatically justify a stay of proceedings in civil cases (Lyon Court of Appeal, 3rd Chamber A, 16 November 2023, Répertoire Général no. 19/04915).
In conclusion, Article 4 of the Code of Criminal Procedure strikes a balance between the independence of civil proceedings and the need not to hinder criminal proceedings, while allowing civil courts to continue their judgment independently of ongoing criminal proceedings, except in cases of compensation for damages caused by the offence.
Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com
