Insurance and irrecoverable costs: The insurer cannot be ordered to pay sums under Article 475-1 of the Code of Criminal Procedure

In a ruling handed down on March 4, 2025 (No. 23-86.223), the Criminal Chamber of the Court of Cassation specified that only the perpetrator of an offense may be ordered, on the basis of Article 475-1 of the Code of Criminal Procedure, to pay sums to the civil parties in respect of costs not covered by the State.

In this case, an insurer had been ordered to compensate the civil parties and the Primary Health Insurance Fund (CPAM) for non-recoverable costs. The Court of Cassation overturned this decision, ruling that the insurer could not be held liable on the basis of Article 475-1, which specifically targets the perpetrator of the offense.

This decision serves as a reminder that compensation for irrecoverable costs is the responsibility of the perpetrator of the offense and not their insurer, unless otherwise provided by law.