In a decision handed down on March 16, 2022, the Cour de Cassation (French Supreme court) has made an important clarification to its case law regarding the reduction of the victim’s right to compensation.
Indeed, it is now established that even the victim’s faute simple (mere negligence) can lead to a reduction of his right to compensation.
Imagine that customs officers enter your premises to carry out checks on potential offences without any prima facie evidence concerning these hypothetical offences.
The customs’ right of inspection provided for under Article 66 of the French Customs Code allows this practice.
As early as 2016, the then Minister of Justice, Christiane Taubira, stressed the importance of criminal seizures in the legal arsenal.
The current interest in this process can be explained by the fact that it allows for a patrimonial penalty that deprives the perpetrator of the proceeds of his/her offense and, consequentially, of a title considered to be more fraudulent than legitimate.
However, the confiscation sometimes does not only affect the perpetrator of the offense but also a third-party owner of the seized property who has not committed any offenses.
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Strategic Lawyering