Key Benefits:
Publics concerned: Prison staff and detained persons.
Purpose: Improved civil compensation and the management of the nominative accounts of detained persons
Entry into force: the text comes into force on the day after its publication.
Notice: this decree is taken for the application of theArticle 27 of Act No. 2014-896 of 15 August 2014 on the individualization of penalties and strengthening the effectiveness of criminal sanctions, and aims to improve the functioning of compensation for civil parties. It authorizes detained persons to place money on the part of the civil compensation account, including where they are not yet known or in a position to be compensated. It opens the possibility for convicted persons who have been granted an adjustment of the sentence under the rubble to have, in order to reintegrate them, the sums of their release. Finally, it sets the threshold beyond which the amounts on the part of the civil compensation account must be transferred to the safeguards fund for victims of terrorist acts and other offences, during the release of the detained person.
References: the provisions of Code of Criminal Procedure Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu le insurance codeincluding article L. 422-1;
Vu le Code of Criminal Procedureincluding article 728-1;
Considering the advice of the Technical Committee of the Prison Administration of 13 May 2015,
Decrete:
Article D. 320-1 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"At the request of the detained person, the first part, assigned to the compensation of the civil parties and creditors of food, may also be paid, including in the absence of a decision on known civil interests, by the payment of amounts on the third part of the nominal account left to the free disposition of the detained persons. »
The fourth paragraph of article D. 324 of the same code is supplemented by a sentence as follows:
"However, convicts who receive an adjustment of the sentence under a nut may, on the authorization of the head of institution, dispose of all or part of the sums constituting the release to enable them to cope with the expenses necessary for the preparation of their reintegration. »
In the first paragraph of Article D. 334 of the same code, after the words "name account" are inserted the words ", subject to payment to the guarantee fund in accordance with the provisions of Article D. 334-1".
After article D. 334 of the same code, an article D. 334-1 is inserted as follows:
"Art. D. 334-1. - At the time of the release of a detainee sentenced to compensation for damages, the monetary values for compensation for civil and unclaimed parties, in excess of 500 euros, are, subject to the rights of creditors of food, paid to the guarantee fund for victims of terrorist acts and other offences.
During this payment, the prison administration shall transmit to the fund the relevant information relating to victims to facilitate their compensation, as provided for by the Fund.Article L. 422-1, paragraph 7 of the Insurance Code. »
The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on June 18, 2015.
Manuel Valls
By the Prime Minister:
The Seal Guard, Minister of Justice,
Christiane Taubira
