Law no. 1.555 of 14 December 2023 on compensation for victims of sexual offences, crimes against children, domestic violence and other offences against the person

Law no. 1.555 of 14 December 2023 on compensation for victims of sexual offences, crimes and misdemeanours against children, domestic violence and other offences against the person (JDM no. 8675 of 29 December 2023) stems from Bill no. 1074, received by the Parliament (Conseil National) on 19 December 2022 and passed on 7 December 2003.

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Presentation

This reform is fully in line with the Recommendation of the Committee of Ministers of the Council of Europe CM/Rec(2023)2 on the rights, services and support for victims of crime, adopted on 15 March 2023 (replacing CM/Rec(2006)8 on assistance to crime victims, adopted on 14 June 2006) and the United Nations Declaration 40/34 of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985 (Monaco is not party to the European Convention on the Compensation of Victims of Violent Crimes (ETS No. 116) signed in Strasbourg on 24 November 1983).

The purpose of Law no. 1.555 is "to establish a system of compensation [by the State] for victims in order to compensate for the insolvency of the perpetrators of offences", as well as "to give greater recognition to the devastating nature of violence against women and, consequently, to strengthen the compatibility of measures taken at national level with [Monaco's] international commitments" (Explanatory Memorandum, p. 3).

It is "a major step forward designed to help victims who encounter difficulties in obtaining payment from the convicted person of the damages awarded to them by a court decision" (Report on Bill No. 1074, p. 1).

This compensation may be paid in respect of sentences that become enforceable on or after 30 December 2023 (the day after the Law is published).

It should be noted that the parliament invited the Government "to initiate discussions to complete the system" with a view to "extending the compensation system to victims of criminal offences whose complaints have been dismissed on the sole grounds that the perpetrator of the offence has not been identified, even though the facts and the harm suffered have been materially established" (Report on Bill no. 1074, p. 4).

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SUMMARY

— Scope of offences that may give rise to compensation (art. 2):

Subject to the cumulative conditions for access (see below), any natural person who has obtained an order to pay damages or an advance against the convicted person for the following offences may receive compensation:

1. Crimes and misdemeanours against persons [Book III, Title II, Chapter I of the Criminal Code - excluding articles 248 (abortion), 249 (adulterated food and drink), 281 (failure by a person who attended a birth to make a declaration), 282 (failure to hand over a foundling to a civil registrar), 300 to 308-1 bis (false testimony, slanderous denunciation, revealing secrets), and 308-6 (impersonation)];
2. Acts of terrorism (Book III, Title III of the Criminal Code);
3. Trafficking in human beings (Sovereign Order no. 605 of 1 August 2006).

The Monegasque court that pronounces the sentence must indicate in its decision that the victim may submit a claim for compensation to l°) the Director of Judicial Services, 2°) the State services responsible for victim assistance or any approved victim assistance association.

— Cumulative conditions giving access to compensation (art. 1):

1°) having received an enforceable decision from a Monegasque court, or an irrevocable decision from a foreign court in the case of a victim of Monegasque nationality, awarding damages or the payment of an advance in compensation for the loss suffered as a result of one of the aforementioned offences;

2°) not having succeeded in obtaining full payment of the damages or the advance and the sums awarded in respect of the costs of the proceedings;

3°) having sent a formal notice ("mise en demeure") by registered letter to the convicted person to pay all the damages and interest or the advance on costs, to no avail. In the event of a joint and several judgment, the formal notice must have been sent to all of the defendants. This condition is deemed to have been met if: - the formal notice was sent to the address of the person convicted as shown on the decision, or - the formal notice was sent to the person civilly liable, or - the person convicted has no known address, or the person convicted has died.

— The request for compensation must be addressed to the Director of Judicial Services ("Directeur des Services Judiciaires"), with or without a lawyer (art. 3, 4, 5):

The (individual) claim for compensation may be submitted by the victim, or by his or her legal representative, or by his or her defence counsel (in the event of the victim's death, also by his or her heirs), after the 30-day period following presentation to the convicted person of the aforementioned formal notice (it must include the details and supporting documents in French as determined by sovereign order):

• for applicants who have reached the age of majority: within 2 years from the date of the enforceable decision (subject to a time limit which may be raised by the Director of Judicial Services for legitimate reasons). Where an enforcement measure is taken by the claimant to recover the sums due, the starting date of the time limit is postponed to the date of the said measure.
• for claimants who are minors: within 2 years of coming of age (on pain of foreclosure, which may be raised by the Director of Judicial Services for legitimate reasons).

— Decision of the Director of Judicial Services, appeal (art. 6, 7):

The Director of Judicial Services must rule on the admissibility of the claim and the amount of compensation within 30 days of receipt of the claim for decisions by Monegasque courts. By way of exception, the time limit is 3 months for decisions by foreign courts concerning Monegasque nationals.

The decision of the Director of Judicial Services, which is enforceable, must be notified to the claimant by recorded delivery. And when compensation is awarded, the Decision must be notified to the person(s) ordered to pay damages or a provision.

Decisions by the Director of Judicial Services may be appealed before the Court of First Instance within 1 month of the date of notification to the claimant.

— Payment deadline and amount of compensation (art. 8, 9, 10):

The compensation would be paid by the State to the claimant within 30 days of notification of the decision by the Director of Judicial Services. It is awarded :

• in full if the amount of the judgment is less than the threshold set by Sovereign Order;
• according to a scale determined by Sovereign Order above this threshold.

Any sums already received by the claimant (in the Principality or abroad) which have been paid by the convicted person or which come from any other source (for example, social security benefits, reimbursement of medical treatment or rehabilitation costs, mutual insurance company daily allowances, etc.), in respect of the loss on which the claim is based, are deducted from the amount of compensation. The nature of these sums is determined by sovereign order.

The compensation would be paid within 30 days of the notification of the decision of the Director of Judicial Services. It would be awarded:

• in full if the amount of the sentence is below the threshold set by Sovereign Order;
• according to a scale determined by sovereign order above this threshold.

— Reimbursement of compensation paid (art. 11, 12):

The victim must reimburse the sums paid to him or her by the State on a pro rata basis if, after the compensation has been paid, he or she receives one of the aforementioned sums for the same loss. Full reimbursement is required in the event of deception on the part of the Direction des Services Judiciaires (see also sanctions below). In the absence of spontaneous reimbursement, the Direction des Services Judiciaires may, after a formal notice has remained unsuccessful after a period of 3 months, take legal action on the basis of article 1223 of the Civil Code.

The State of Monaco is subrogated to the rights of the claimant in order to be able to obtain reimbursement of compensation from convicted persons. The Director of Judicial Services is authorised to represent the State in all actions and measures aimed at recovering the sums paid (including any enforcement costs incurred).

— Penalties (art. 13):

• Any claimant who obtains or attempts to obtain compensation under the Law by stating or providing information that he or she knew to be inaccurate, or who failed to provide information, with the aim of misleading the Direction des Services Judiciaires, is liable to the penalties of imprisonment and a fine referred to in articles 93, 103 and 330 of the Criminal Code.
• Failure to comply with the obligation to repay the sums (provided for in art. 11) is punishable by a fine of between €18,000 and €90,000.

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