File a complaint
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Legal resources > Criminal law > filing a complaint
The complaint is the act by which the victim of an offense reports the facts to justice. It can also allow to request compensation for the damage suffered: it is then necessary to become a civil party.
The complaint can be made in a police station, a gendarmerie brigade or directly with the public prosecutor.
The complaint can be lodged against a natural person, even a minor, or a legal person. It can target an unknown person and will then be filed against X.
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If you want to report facts of which you are aware, without being a victim, we speak of denunciation.
Important deadlines
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In criminal law, there are limitation periods.
Beyond these deadlines, infringements can no longer be penalized, their perpetrators can no longer be prosecuted.
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It is therefore very important not to delay filing a complaint, otherwise prosecution may be impossible. Filing a complaint soon after the fact also makes it easier to collect evidence.
The contraventions are prescribed in 1 year (art. 9 Code of penal procedure) , misdemeanors by 6 years (art. 8 Code of penal procedure) , crimes by 20 years (art. 7 Code of penal procedure) .
In principle, these time limits begin to run on the day on which the infringement was committed.
However, for certain offenses, the starting point of the time limit may be postponed. For example, in the event of rape of a minor, the time limit begins to run when the victim comes of age (art. 7 Code of Criminal Procedure) .
If in doubt, file a complaint. It is the prosecutor or the examining magistrate who will be responsible for establishing whether the offense is time-barred or not.
Summary
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How to file a complaint ?
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​ There are several ways to file a complaint:
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1. You can go to a police station or a police brigade. gendarmerie.
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To find a police station or a brigade near you, go to the website of the Ministry of the Interior.
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If the perpetrator is unknown, and you are a personal victim, you can complete a pre-complaint online before traveling. You will then get an appointment and the police or gendarmes will already have the elements of your complaint on your arrival. This only concerns damage to property or discriminatory acts. Go to the site provided for this purpose.
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The reception of the complaint cannot be refused to you by the police officer, even if the facts do not fall within their geographic competence.
Once the complaint is received, it will be forwarded to the Public Prosecutor.
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2. You can write directly to the Public Prosecutor.
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We must send a letter in the court of the place of the offense or the domicile of the offender.
It is strongly recommended to send this letter by registered letter with acknowledgment of receipt.
In all cases, a receipt will be given to you as soon as the prosecutor has registered your complaint.
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To find the court to contact, follow this link .
Click here to access a template letter to the Prosecutor.
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What happens after the complaint ?
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Before making his decision, the prosecutor may request an investigation from the police or the gendarmerie. This survey is called Preliminary investigation.
Once he feels he has enough material, the prosecutor can make one of the following decisions :
The classification without continuation
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When the prosecutor decides not to prosecute the facts (in particular, when the facts are prescribed or are manifestly unfounded, or if the investigation does not allow the identification of a suspect), he operates a classification without follow-up.
You will then receive a classification notice without follow-up, which must be motivated .
If you dispute this decision, you can appeal to the Attorney General, have a direct summons issued. or file a complaint with the constitution of civil party.
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The opening of a judicial investigation
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When the prosecutor considers that further investigations should be carried out, he may refer an examining magistrate, who will collect all the elements useful for the manifestation of the judicial truth.
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For crimes, the opening of a judicial investigation is compulsory .
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A request for alternative measures to prosecution
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The prosecutor can propose a sanction which avoids the judgment of the case . These measures aim to remedy the lack of a criminal response for offenses that do not justify referral to a court and to limit the number of dismissals (art. 41-1 et seq., Code of Criminal Procedure) .
They can also make it possible to repair the damage caused to the victim .
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Direct request for a trial
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The prosecutor can send the accused person to court .
He can also apply directly to a court if the case does not present any difficulty in establishing the guilt or the facts. This may be the case if the respondent acknowledges the facts. This is the direct quote .
The prosecutor can also summon the suspected person via a convocation on minutes .
Finally, he can initiate an immediate appearance procedure (art. 395 Code of Criminal Procedure) .
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If the prosecutor has not decided anything within 3 months, the complainant can bring complaint with constitution of civil party as he had the possibility from the outset (art.85 Code of Criminal Procedure) .
Last updated: April 2020