Nabil booked a rental for a few days of vacation with his family. When he arrives at the location, a reception agent denies him access due to his long beard before verbally assaulting and threatening him.

As a victim, Nabil filed a complaint and subsequently received a victim notice, a document intended to inform a person who has been a victim of a criminal offense about the court where the trial will take place; the date and time of the hearing; and the possibility of becoming a civil party to obtain compensation for damages.

Filing a Complaint

Filing a complaint allows a victim to inform the justice system that an offense has been committed. The facts in question must be incriminated by a text that provides for a criminal sanction.

If the victim does not know the perpetrator or is not sure of their identity, they must file a complaint against an unknown person.

Who Can File a Complaint?

Any person who is a victim of an offense can file a complaint.

While a minor can report any offense of which they are a victim to the justice system, they do not have legal capacity and cannot sign their complaint. Therefore, they must be represented by a parent, a legal guardian, or an ad hoc administrator.

When to File a Complaint?

To file a complaint, you must respect the statute of limitations, which varies according to the nature of the offense and generally starts to run from the day the offense is committed.

There are different ways to file a complaint:

In-Person Complaint

You can go to the police station or gendarmerie of your choice. Police or gendarmerie officers are obligated to receive the complaint (Article 15-3 of the Code of Criminal Procedure) regardless of where the offense was committed, where the victim resides, and even if there is no evidence at the time of filing the complaint.

The victim must be heard and their complaint must be recorded in an official report of which they receive a receipt.

Furthermore, judicial police officers and agents are required to receive complaints filed by victims of criminal law violations, even when these complaints are filed in a territorially incompetent judicial police service or unit.

In case of difficulty in filing a complaint, Equitas will assist you.

Electronic Pre-Complaint

It is possible to fill out a pre-complaint online (Art. 15-3-1 of the Code of Criminal Procedure), which must then be signed at the police station or gendarmerie. This process is only valid for complaints against unknown persons, for property damage or discriminatory acts.

Additionally, since March 15, 2022, if you are a victim or witness of online scams, the harmonized processing of investigations and reports for e-scams (THESEE) system allows you to file a complaint or report the offense online.

By mail

You can file a complaint with the Public Prosecutor by sending a letter to the judicial court of the place of the offense or the residence of the offender. The letter must include certain mandatory information:

• Your civil status and complete contact information;
• A detailed account of the facts with the date and place of the offense;
• The name of the offender if you know it;
• Names and addresses of any witnesses;
• A description and provisional or final estimate of the damage suffered;
• Evidence documents (medical certificates, work stoppages, reports for example);
• The intention to file as a civil party.

It is recommended to send your complaint by registered letter with acknowledgment of receipt and to keep all proof of sending and receiving

Regardless of the method used to file a complaint, a receipt is given to the complainant as soon as the complaint is registered. Furthermore, don’t hesitate to request a copy of the official report which is issued upon request (Art. 15-3 of the Code of Criminal Procedure).

At the stage of filing a complaint, victims must be informed of their rights (Article 10-2 of the Code of Criminal Procedure), particularly to become a civil party or to refer the matter, as the case may be, to the commission for compensation of victims of crime.

Filing a complaint triggers a criminal investigation, entrusted to the police or gendarmerie, which must verify the existence of the offense and identify the perpetrator. At the end of the investigation, the Public Prosecutor is solely responsible for deciding whether or not to pursue prosecution.

Simple Constitution as a Civil Party

You can become a civil party at any time during the proceedings, up until the day of the hearing, even if you have filed a complaint without becoming a civil party, or if you have not filed a complaint but consider yourself a victim. You can become a civil party either before the trial or on the day of the trial.

Becoming a civil party allows you to become a party to a criminal trial in order to obtain compensation (damages) from the perpetrator of the acts.

If you have filed a complaint, you will receive a victim notice from the court informing you of the possibility to become a civil party in a criminal case. As a victim of a criminal offense, becoming a civil party allows you to seek compensation for your damages and be a party to the trial.

The damages can be material (destruction of property, for example), physical (injuries) or moral (psychological harm).

You can also file a complaint with civil party constitution, which allows you to directly petition the investigating judge and request the opening of an investigation called a judicial inquiry. This differs from a simple complaint that is filed with the public prosecutor.

Filing a complaint with civil party constitution is subject to conditions (Art. 85 of the Code of Criminal Procedure):

• After the dismissal of a simple complaint;
• After a period of three (3) months without response following a simple complaint;
• The reported offense is not a misdemeanor, but a crime or a felony.
• As an exception, a prior simple complaint is not mandatory to file a complaint with civil party constitution in the following cases: crimes, press offenses (insult or defamation in particular), violations of the Electoral Code.

Who can file a complaint with civil party constitution?

• Any natural or legal person can become a civil party if they are a direct victim of an offense and have suffered physical, material, or moral damage.
• If the victim is a minor, they cannot become a civil party alone; their legal representatives must do so on their behalf.
• An association whose purpose is to advocate for rights (fighting against racism, for example) can become a civil party before the court and obtain damages under certain conditions. Generally, the association must have been declared for at least five (5) years at the date of the facts for which it is becoming a civil party.

Becoming a civil party allows the victim to be informed about the progress of the proceedings, to be heard by the court, and to intervene in the debates concerning the case. They can notably ask the judge to conduct an expert assessment to help establish their damages and estimate the amount of compensation.

Direct citation

If you choose direct citation, the perpetrator of the offense is directly summoned before the competent court without an investigation phase. This is an act generally drafted by a lawyer and delivered by a justice commissioner to the person being charged.

As a victim, you can use this procedure:

• If the facts are simple and constitute a misdemeanor or a minor offense;
• If you have evidence of the offense and the extent of the damages;
• If the perpetrator of the offense is an adult and identified.

You must contact the court registry of the judicial court where the offense was committed or where the alleged perpetrator resides. A hearing date will be set, and you can have the alleged perpetrator summoned through a justice commissioner of your choice.

The direct citation must specify the offense of which you are a victim, the law that penalizes it, the elements attesting to your damages, and the quantified amount of your compensation claim.

Other Remedies

In addition to filing your complaint, you can turn to other bodies and organizations that can help you assert your rights.

APPLICABLE REFERENCES:

Complaint: Articles 1 to 10, 12 to 15-4 and 39 to 44-1 of the Criminal Procedure Code; Decree No. 2018-388 of May 24, 2018 relating to the automated processing of personal data called “online pre-complaint”; Order of June 26, 2020 on the creation of harmonized processing of investigations and reports for e-scams (THESEE); Decree No. 2022-546 of April 13, 2022 implementing various provisions of criminal procedure of Law No. 2021-1729 of December 22, 2021 for confidence in the judicial institution.

Filing as a civil party: Articles 49 to 52-1 of the Criminal Procedure Code (powers of the investigating judge); Articles 79 to 84-1 of the Criminal Procedure Code (judicial inquiry); Articles 85 to 91-1 of the Criminal Procedure Code (constitution of the civil party and its effects); Article 177-2 of the Criminal Procedure Code (fine in case of abusive procedure); Articles 185 to 187-3 of the Criminal Procedure Code (appeal if decision to refuse to investigate).