The criminal procedure in France takes place in several stages:

• Filing of the complaint
• Judicial investigation
• Hearing (trial)

The police investigation

The filing of a simple complaint initiates an investigation entrusted to the judicial police, which must verify the existence of an offense.

• If the complaint has been filed at the police station or gendarmerie, the investigation can start directly. Judicial police officers must keep the Public Prosecutor informed of the progress of the investigation that has been ongoing for more than six (6) months (Art. 75-1 of the Code of Criminal Procedure).
• If the complaint has been sent by mail to the Public Prosecutor, once registered at the criminal order office, it may be sent to a judicial police service.

However, this step does not take place in the case of the accelerated procedure called ‘direct citation’. It allows the alleged perpetrator of the offense to be brought directly before the criminal judge, without going through this investigation stage, for which a deposit will be required.

Hearings and confrontation

The investigation begins with the hearing of the complainant, who may be confronted with the suspect. The latter, if identified, may be placed in police custody or heard in a free hearing. Witnesses may also be questioned by the judicial police.

Investigative acts

The judicial police can conduct searches and seize evidence, call on experts for technical examinations, request scientific expertise, or address requisitions to organizations to obtain useful information for the investigation. Certain acts (expert assessments, examinations…) require the authorization of the Public Prosecutor.

For the most complex offenses, the Public Prosecutor may decide on a more thorough investigation by appointing an investigating judge as part of the judicial inquiry procedure. This appointment is mandatory for crimes. The investigating judge can proceed with formal accusations.

Similarly, by becoming a civil party, the victim of the offense can directly refer to the investigating judge to request the opening of a judicial inquiry.

Duration of the investigation

The duration of the preliminary investigation cannot exceed 2 years from the first investigative act (Art. 75-3 of the Code of Criminal Procedure modified by Law No. 2021-1729 of December 22, 2021). The Public Prosecutor may exceptionally extend this period by one (1) year. When the investigation concerns organized crime or terrorism, these periods are extended to three years and two years respectively.

The opportunity for prosecution

At the end of the investigation, it is up to the Public Prosecutor to make a decision on the direction to give to the case (Art. 40-1 of the Code of Criminal Procedure). He can:

I. Initiate prosecution

1. If the Public Prosecutor considers that the case is ready to be judged, several modes of prosecution are possible:

• Direct citation

The correctional court (for misdemeanors) or the police court (for minor offenses) is seized and the alleged perpetrator is summoned through a citation by bailiff.

• Immediate appearance

The appearance takes place immediately after police custody. However, this only concerns flagrant offenses punishable by at least six (6) months of imprisonment and non-flagrant offenses punishable by at least two (2) years of imprisonment. The defendant can, however, request a later trial date. In this case, the judges rule on their release, placement under judicial supervision, or placement in pre-trial detention.

The victim can become a civil party to claim compensation for their damage. If they don’t have time to become a civil party, the victim can request the postponement of the case to a hearing called civil interests hearing. This hearing will not deal with the guilt of the perpetrator but with the amount of compensation.

• Appearance on prior recognition of guilt (CRPC) or ‘plea bargaining’

It does not concern sexual assaults and offenses against personal integrity, involuntary manslaughter, press offenses, and political offenses. For other offenses, the prosecutor can propose a sentence to the perpetrator who admits to having committed an offense. If accepted, the sitting magistrate approves the sentence. If refused, the prosecutor can refer the case to the criminal court or request the opening of an investigation.

As specified in the circular of September 2, 2004 regarding the procedure for appearance on prior admission of guilt, certain cases nevertheless justify a hearing before the criminal court. This is the case when the nature of the facts makes it appropriate to refer the matter to the criminal court, particularly in cases of offenses committed with the aggravating circumstance of racism, for which it is ‘highly desirable (…) that they be subject to public stigmatization by the prosecution as a representative of society’.

2. If the case is not ready to be judged because it is complex or serious, the prosecutor can refer it to an investigating judge through a requisition to open a judicial investigation. This is mandatory for criminal matters and for offenses committed by minors.

The investigating judge then leads the investigation. They have extensive investigative powers and investigate both incriminating and exculpatory evidence, meaning they search for evidence of both innocence and guilt of the person in question. When sufficient evidence has been gathered, the investigating judge can refer the perpetrators to the competent trial court.

II. Implementing an Alternative Procedure to Prosecution

The Public Prosecutor can propose alternative measures, such as a reminder of the law, completion of a citizenship course or awareness course on the use of narcotic substances, for example. Certain conditions must be met (Art. 41-1 of the Code of Criminal Procedure), the measure must be likely to:

• Ensure the reparation of the damage caused to the victim;
• Put an end to the disturbance resulting from the offense;
• Contribute to the rehabilitation of the perpetrator.

The prosecutor can also request a criminal composition:

It allows proposing to a person who admits to having committed an offense to carry out measures that have the character of a sanction: payment of a fine, confiscation, suspension of driving license, or therapeutic injunction, for example.

Criminal composition is possible for all contraventions and for offenses punishable by a fine or imprisonment for up to 5 years.

III. Dismissing the Case

The dismissal must imperatively be justified, meaning it must demonstrate that ‘the particular circumstances related to the commission of the offense justify it’ (Art. 40-1 of the Code of Criminal Procedure).

The Prosecutor must inform the victims (Art. 40-2 of the Code of Criminal Procedure).

What to do if your complaint is dismissed or after a period of three (3) months?

If within three (3) months following your complaint filing, you have not been notified about the progress of your case or if you have been notified that your complaint was dismissed:

• You can file an appeal to the Attorney General against the dismissal. The latter may deem the appeal unfounded or ask the Public Prosecutor to initiate proceedings.
• You can initiate a direct citation if you know the identity of the perpetrator. You must gather a number of elements proving their guilt (photos, testimonies, screenshots…).
• It is possible to file a new complaint with civil party constitution directly to the investigating judge of your jurisdiction (Art. 85 of the Code of Criminal Procedure).
• You can call upon Equitas who will provide you with legal assistance.

APPLICABLE REFERENCES:

Articles 12 to 15-4 of the Code of Criminal Procedure (CCP) (powers of the judicial police); Articles 16 to 19-1 of the CCP (judicial police officers); Articles 20 to 21-2 of the CCP (police officers); Articles 39 to 44-1 of the CCP (powers of the public prosecutor); Articles 75 to 78 of the CCP (preliminary investigation); Articles 49 to 52-1 of the CCP (powers of the investigating judge); Articles 79 to 84-1 of the CCP (judicial investigation);

Law No. 2021-1729 of December 22, 2021, for trust in the judicial institution; Decree No. 2022-546 of April 13, 2022, implementing various provisions of criminal procedure from Law No. 2021-1729 of December 22, 2021, for trust in the judicial institution; Circular of September 2, 2004, relating to the procedure of appearance on prior recognition of guilt.