L'intervention de l'assureur au procès pénal : contribution à l'étude de l'action civile

Abstract : The intervention of an insurer to criminal proceedings concerns the insurer of the victim, of the defendant or of the civilement responsable (i.e. the person legally responsible for the defendant?s deeds under vicarious liability). The insurer intervenes as a person who may guarantee compensation of the losses arising from the offence. Then the insurer takes part to the civil action (action civile, i.e. the claim for compensation brought before the criminal court, who is competent regarding this action in France), rather than to criminal proceedings which is first about criminal prosecutions (action publique) and also possibly about civil action. The issue of intervention of insurer to criminal proceedings is strongly related to the issue of the civil action brought before a criminal court. Under French law, principle is that insurers are not allowed to intervene to criminal proceedings, according to a case law established on the basis of provisions of French Criminal Proceedings Code (especially Article 2). However, the Law of 8th July 1983 inserted in the said Code provisions allowing insurer?s intervention, in a limited way regarding the scope of the intervention as well as its aim and effects. This system reveals the conception of civil action prevailing in France. As a matter of fact, these solutions deserve a critical examination. A critical analysis of intervention of insurer to criminal proceedings shall be operated through a renewal of the analysis of civil action. This way we may consider successively the principle of the participation of insurer to the debates before criminal court and the rules of the intervention of insurer to the civil action, in order to find more simple and more efficient solutions.
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Romain Schulz. L'intervention de l'assureur au procès pénal : contribution à l'étude de l'action civile. Droit. Université Nancy 2, 2009. Français. ⟨NNT : 2009NAN20005⟩. ⟨tel-01752699⟩

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