FRANCE Law and Practice Contributed by: Samuel Sauphanor, Alexandra Szekely, Timothée de Saint Viance and Benoît Barré, Le 16 Law
Flexibility to Withdraw or Bifurcate Claims A victim who has joined the criminal process is not permanently bound to it. They may later withdraw and pursue compensation through standalone civil litigation, especially where the criminal case stalls, is dismissed or proves ineffective as a recovery avenue. Conversely, initiating a civil claim does not preclude later participation in criminal proceedings, provided legal conditions are met and statutes of limita - tion observed. 2.6 Judgment Without Trial Under French procedural law, a judgment may be rendered without a full adversarial trial, including in cases where a party fails to appear or the defence is manifestly unsubstantiated. This applies across civil and criminal proceed - ings, although the legal basis and procedural consequences vary depending on the nature of the case and the applicable jurisdiction. Civil Proceedings French civil procedure distinguishes between: • judgments deemed adversarial ( jugements réputés contradictoires ): where the defendant has been properly served, particularly through personal service, but fails to appear, the court may proceed to judgment. These decisions are subject to appeal and considered adver - sarial in nature under Articles 467 and 473 of the French Civil Procedure Code; and • default judgments ( jugements par défaut ): when the summons has not been personally served and the defendant does not appear, the judgment is rendered by default. The appropriate remedy is an opposition (Articles 571 to 578 of the French Civil Procedure Code), which allows the case to be re-heard by the same court.
damental rights, including professional secrecy and the right to due process. No Cross-Undertaking in Damages Unlike in common law jurisdictions, French law does not require the applicant to give a cross- undertaking in damages when seeking ex parte measures. However, if the measure is later found to be abusive or unjustified, the applicant may be held liable for damages. 2.5 Criminal Redress Victims of fraud in France routinely pursue redress through the criminal process, often by joining the proceedings as a civil party ( partie civile ) to seek compensation directly within the criminal forum. This dual track, combining public prosecution with private reparation, remains a cornerstone of French procedural law. Joining Criminal Proceedings as a Civil Party A victim may initiate a complaint directly with the juge d’instruction or join ongoing criminal pro - ceedings once charges are brought. This mech - anism provides procedural standing to request investigative measures, monitor the prosecu - tion and claim damages. It is particularly effec - tive where the fraud is complex, cross-border or requires law enforcement intervention to obtain evidence. Impact on Civil Proceedings Although civil and criminal proceedings are for - mally distinct, the civil courts may suspend relat - ed actions pending the outcome of the criminal trial, particularly where the facts are intertwined or the outcome of the criminal case may influ - ence the determination of liability. This suspen - sion is discretionary and aims to avoid contra - dictory judgments.
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