Plane Crash: How to Join a Criminal Case as a Civil Claimant

An aviation disaster upends lives in a matter of seconds. For survivors and the families of victims, filing as a partie civile (civil claimant in criminal proceedings) is often the first legal step in a process that can last more than a decade.

TL;DR

• Filing as a civil claimant grants access to the investigative file and the right to request investigative measures.
• It is available to direct victims and their heirs (spouse, parents, children, siblings).
• It is done by declaration at the court registry, by registered letter, or at the hearing.
• The deadline to file runs until the judgment hearing.

The Legal Framework

Article 2 of the Code de procédure pénale (French Code of Criminal Procedure) provides that:

Civil action for compensation for harm caused by a crime, a misdemeanor, or a minor offense belongs to all those who have personally suffered harm directly caused by the offense.

This apparently straightforward definition has generated extensive case law in the context of aviation disasters. The Cour de cassation (French Supreme Court for civil and criminal matters) recognizes victim status not only for passengers and their immediate families, but also for individuals linked by an established emotional bond (partners, half-siblings, step-parents in certain cases).

Who May File as a Civil Claimant?

Direct Victims

Surviving passengers, as well as persons injured on the ground. Bodily harm gives rise to a right to full compensation.

Heirs and Close Relatives

In the event of death, the following may file as civil claimants:

• the spouse and the partner under a PACS (French registered civil partnership);
• the common-law partner;
• children, including adopted children;
• parents and grandparents;
• brothers and sisters;
• in certain cases, other relatives who can establish a personal harm.

Each of these relatives suffers their own distinct harm: préjudice d'affection (grief and bereavement damages), economic harm for dependents, and préjudice d'accompagnement (loss of companionship damages for relatives of survivors living with lasting injuries).

Legal Entities

Victim advocacy associations may file as civil claimants subject to specific conditions. Insurance companies subrogated to the rights of their policyholders may also intervene.

How to File as a Civil Claimant

Three avenues exist in practice.

Filing by Way of Action

Where no proceedings have been opened, the victim may file a complaint with constitution de partie civile (formal civil claimant joinder) before the senior juge d'instruction (French examining magistrate). This procedure triggers the opening of a formal judicial investigation (information judiciaire).

It requires the payment of a security deposit (consignation), calibrated to the claimant's resources. This deposit may be reduced or waived for persons in precarious financial situations.

Filing by Way of Intervention

In aviation disasters, this is the most common avenue. A judicial investigation is generally opened by the parquet (public prosecutor's office) as soon as the incident occurs. The victim then joins the proceedings as a civil claimant during the investigation phase, by registered letter addressed to the juge d'instruction.

Filing at the Hearing

This is possible but less advantageous, as it does not allow the claimant to benefit from the investigative phase. The declaration may be made before the prosecution's closing submissions.

The Rights of the Civil Claimant

"Joining proceedings as a civil claimant means moving from the role of bystander to that of active participant. It confers the right to understand, to request, to challenge, to argue."

Once admitted, the civil claimant enjoys broad rights:

1. Access to the investigative file, through their attorney.
2. The right to request investigative measures (hearings, expert assessments, searches).
3. The right to challenge the juge d'instruction's orders before the chambre de l'instruction (French investigative review chamber).
4. The right to attend hearings and to present oral argument at the judgment hearing.
5. The right to full compensation for all harm suffered.

Compensable Harm

French law enshrines the principle of full compensation (réparation intégrale). Compensable harm is extensive and categorized under the so-called nomenclature Dintilhac (the Dintilhac classification of damages, the standard French taxonomy for personal injury compensation).

Patrimonial Harm

• Medical and hospitalization expenses;
• Funeral costs;
• Loss of professional earnings;
• Loss of income for heirs and dependents;
• Miscellaneous expenses (travel, expert fees, translation).

Non-Patrimonial Harm

• Pain and suffering (souffrances endurées);
• Aesthetic harm (préjudice esthétique);
• Loss of enjoyment of life (préjudice d'agrément);
• Grief and bereavement damages (préjudice d'affection) for close relatives;
• Loss of companionship damages (préjudice d'accompagnement) for relatives of a surviving victim living with lasting sequelae.

Assessing this harm generally requires medical and economic expert analysis and is the subject of in-depth technical discussions.

Coordination with Direct Compensation by the Airline

The Montreal Convention of May 28, 1999, ratified by France, requires airlines to provide prompt compensation in the event of a passenger's death or injury. This compensation, up to a limit of 128,821 Special Drawing Rights per passenger (approximately 160,000 euros), is owed without any need to establish fault.

Beyond this cap, the airline may seek exoneration by demonstrating the absence of fault. Filing as a civil claimant in the criminal proceedings and pursuing a parallel civil action remain the preferred avenues for obtaining full compensation.

In Summary

Filing as a civil claimant is a technical act that commits the victim to a lasting role in the criminal proceedings. Properly managed, it opens significant channels for information and action.

For families confronting an aviation disaster, the guidance of a specialized attorney allows them to navigate a long and complex procedure with confidence. The firm intervenes at every stage, from the initial complaint through to oral argument before the trial court.