Burglary !

[Gardian]

Some of you may remember the ‘event’ that we experienced a year ago. I posted it under the title ‘Robbery’, but that was a mis-description.

Anyway, for those who don’t recall the thread or have turned up on here since then, just a brief resume of what happened.

Early March 2020, a Thursday night. We woke on the Friday morning to find that we’d been burgled. Back door forced, Things taken, but in truth not much of any particular value except for the car .......

The keys were on a ring locking the back door, so it was easy for them to drive away with it and the other things. We never heard a thing. Gendarmerie came very quickly, statements made, insurance claim process started.

We were paid out by our insurers nearly five months later - to our entire satisfaction by the way, but it took a lot of patience and documentation. A week or so after the settlement, we heard from the Gendarmerie that the car had been found near Nice (some 300 kms away) totally burnt out.

Anyway, up until this morning, all that was history. A letter for us today though.

It was from the Tribunal Judiciere de Nimes inviting us to lodge criminal damages proceedings against 3 named individuals who have been remanded in custody for ............. well basically our burglary, but doubtless a few other misdemeanours as well !

Having given it all a bit of thought today, the only way that our burglary could be linked to them is through the DNA samples that the Gendarme took at our house shortly after we woke up that morning. We’d guess that they’ve been apprehended for something else and ......

As for pursuing this, we really have no grounds for criminal damages, having been paid out by our insurer. The Court has no advance knowledge of that and so it’s presumably a way of providing recompense to those who have suffered non-recoverable loss.

We’d love to stay close to this though and find out what eventually happens to these toe-rags !

[anotherbanana]

Could the insurance company expect you to get involved?

There is shock, mental strain etc, though I doubt they have any funds that are not stashed abroad.

[Gardengirl]

A year ago? Doesn’t seem that long - doesn’t time fly ................

There’s a turn-up for the books! It would be interesting to know what other crimes they’ve committed.

[Ken]

You said they forced their way in to your house? That's criminal damage.

If you don't assist the authorities in convicting these people my view is you should be ashamed of yourself.

If you do assist the authorities then you should feel that you have done your civic duty. These people thrive on people not doing anything and makes it easier for them to burgle another house, another time.

[NickP]

Gardian, as others are saying don't let them get away with anything at all, I'm sure you would do well to contact your insurance company for their input. People who burgle other peoples houses are scum bags of the highest order and should get as much aggravation as possible.

[Gardian]

Ken & Nick .....

I think that you may have got hold of the wrong end of the stick.

The letter that we have received was to give us the opportunity to pursue criminal damages against the accused, not to ask whether we want them to be prosecuted. We aren’t being asked to give testimony at any court case - we could add absolutely nothing since we saw nor heard a thing.

I’ll be seeking advice from our legal matters insurer, but I suspect that their answer will be to politely decline. Any lawyers questions would be “Did you suffer financial loss?” / “Were you insured?” / “Did your insurer pay out satisfactorily?”

The answer to all 3 questions would be “Yes”.

We’d be keen to hear the outcome of the court case and we’ll be pursuing that.

[Ken]

I don't think I misunderstood at all. From what you say the law sounds very strange to say the least, inviting you to pursue proceedings and not requiring testimony! Presumably they are 'honest' criminals and have admitted robbing you!!!!!! Something odd about the whole thing.

Is it not possible that if you did pursue a claim then the insurance company could, at least, be reimbursed ? Unlikely perhaps but why let those criminals off the hook in the slightest fashion by doing nothing?

[AnOther]

Not until you've been burgled can you understand that NOTHING compensates for the trauma or the feeling of never being completely safe in your home again.

I speak fom experience.

[Judith-aka-Judith]

Agree, I also speak from experience.  Until we sold up, everytime I walked up the stairs to our flat, I could see the open door ... and the chaos which greeted me inside.

[Ken]

We were burgled, about thirty years ago in Tunbridge Wells. Long before we came here. I haven't a clue what sort of person you are or anything about your emotions but I didn't suffer any 'trauma and neither did my wife. We simply understood that anyone, anytime, anywhere can break into your house if they want to.

The trick is not to make it easy for the average 'speculator'! By that I mean leaving doors and windows unlocked when the house is empty or when you have retired for the night. Most burglaries and 'break-ins' are by people seeing an opportunity, an open window etc; It is very rare that burglars will make a noise or want to be disturbed.

I feel completely safe in my home if you don't that's a shame. You must be in a permanent state of anxiety. Perhaps a large dog might help!!!!

[Gardian]

Look Ken - you really don’t get it, do you?

I’m not being asked to “pursue proceedings”. That’s your interpretation of what I’ve said.

I’m being asked whether I wish to enact a ‘criminal damage’ process that would presumably kick in if the defendants were found guilty. I’m given to understand that the judge might make an award in our favour against the accused parties in that situation were we to make such an application.

They’re (currently at least) not asking for any further testimony - that was given in detail to the Gendarmerie at the time of the burglary. There’s nothing further that I can add other than to say “That’s what happened”. That document + others relating to the claim valuation, formed the basis of our insurance claim, all satisfactorily settled.

Therefore, once again and for the final time ........ I’m not refusing to do something that I ought to be doing. The Gendarmerie (or perhaps more accurately, the Tribunal Judiciaire) are indicting these three for a string of ‘code penal’ things.

As previously said, I rather doubt that we would have any grounds for criminal damages to add to what we have received as our insurance settlement. What’s more, the likelihood of there being any ‘accessible’ funds to satisfy any award by a Tribunal is .......... zero.

[Ken]

It is obvious from what you say that yo don't actually know anything relating to your burglary. Words like 'presumably', were, currently, given to understand etc etc point to that very much.

You were asked to whether you wish to enact a criminal charge. Your tone is that you are not going to. You are not going to pursue anything. That , in my view, isn't something to be proud of.

'Those that stand by and do nothing————!

[Weegie]

Gardien isn't being asked whether or not he/she wishes for criminal proceedings to take place ("enact a criminal charge").  They are already in hand. 

All that is being asked is, in the event of a conviction, does he/she wish to make a claim for compensation.

It is quite a normal procedure and is described here: https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-ES-maximizeMS-en.do?clang=en&idSubpage=8&member=1

There is similar provision in the UK Courts.

Gardien appears to be taking the pragmatic view that the accused are probably "men of straw" and there is little point in pursing a claim. 

It is entirely a matter for Gardien who patently wishes to put it behind him/her.

[Gardian]

Weegie ........

Thank you very much for your input and that really helpful link.

You have very accurately summed up the situation.

I’m going to contact our legal insurer tomorrow in order to get their ‘take’ on things - if they want to pursue it (and pay for the avocat!), then I’m more than happy to participate. Any recompense that might be ordered should in all fairness be payable to the insurer, but early days.

The other interesting thing from that link is that we should automatically be kept informed of the progress and outcome of the criminal case.

Thanks again.