01/02/16

Proposed amendment to the code of criminal procedure

The Minister for Justice has proposed a new draft law No 6887, dated October 7th 2015 (the “Draft Law”) to insert a new paragraph 6 to Article 3 of the Code of Criminal Procedure. This new provision provides that the absence of a criminal conviction does not preclude the exercise of an action before the civil courts to claim compensation for damages pursuant to the rules of civil law. In practice, this amendment will bring an end to the theory of the unicity of civil and penal offences which has prevailed in courts until now.

"Consequently, the Draft Law, if adopted, will significantly expand the range of situations where victims will be entitled to indemnification."

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