You are victim of an infringement: you were attacked, burglarized, swindled…
You have the right to file a complaint; that will enable you to be compensated, to see the author of the infringement condemned. Consequently, you must constitute civil part.
The complaint is the act by which a person makes available of the gendarmerie or police service or public prosecutor, an infringement (infringement, offence, crime) of which it estimates to be victim.
Why file a complaint ?
You can file a complaint if you are victim of an infringement, i.e. of an act or behaviour prohibited by the law (flight, aggression…).
You must make it if:
- you consider that the presumed author of the infringement must be condemned to a penal sanction (amends, imprisonment);
- if you want to obtain a compensation for damage which you underwent (damages).
The judge will rule and be able to pronounce a penal judgment and/or to grant the attribution of damages.
You can file a complaint against X if the author of the infringement is unknown.
You can also be compensated without implementing a penal procedure by engaging a suit at law using a lawyer.
Within which times to file a complaint ?
The plaintiff has times (regulation) to seize criminal justice:
- one year for the infringements;
- three years for the offences (flights, aggravated assault, swindles);
- ten years for the crimes.
Deadlines longer apply in the event of rape or of sexual assault to a minor.
The expired time, you will be able to ask for repair of your damage only in front of one civil jurisdiction.
How to file a complaint?
You can telephone or present to you in any police station or the gendarmerie nearest to the place of the infringement.
You can also address a simple letter:
- is to the public prosecutor of the Court of Bankruptcy of the place of the infringement or the residence of the author of the infringement if you know it;
- is with the gendarmerie squad or the police station which must record and transmit your complaint to the prosecutor, after having carried out an investigation.
The judiciary police officers have the obligation to receive every complaint and to transmit it to the qualified service or the unit of judicial police.
At this stage, you can constitute civil part; you ask for compensation for damage undergone and formulate a request for damages.
The complaint
It must specify:
- the civil statue of the plaintiff;
- the detailed account of the facts: nature, date and place of the infringement;
- the name and the address of the possible witnesses;
- the name of the presumed author, if you know it. Failing this, you will deposit felt sorry for “against X”.
Unite all the documents of proof: doctor's certificates noting the wounds, sick leave, various invoices (repairs…), reports in the event of property damages, etc
Whatever the step that you adopt, it is always the public prosecutor which receives your complaint (article 40 subparagraph 1 of the Criminal procedure code).
Which continuation to give to the complaint?
The public prosecutor decides:
- a classification without continuation: the complaint is classified. The public prosecutor decides not to continue, into formless the plaintiff by reasoned opinion. This decision can be disputed in front of the public prosecutor;
- to continue the author: the business is simple, the public prosecutor engages of the continuations in front of the court and convenes the plaintiff for an audience during which the business will be examined;
- alternative measurements with the continuations: the infringement does not justify the seizure of a jurisdiction but request a penal answer;
- the opening of legal information: the public prosecutor asks for the designation of an examining magistrate.
LAWYERS
These professionals inform you, advise you on your rights, the procedures and the steps, assist you and defend your interests in justice.
To know the coordinates of a lawyer, you address to the Order lawyers near the Court of Bankruptcy of your department.
There also exists in the majority of the law courts, the houses of Justice and the right and the town halls, of the free legal consultations.
ASSOCIATIONS
- 08 VICTIMS (08 842.846 37) Price of a local call 7/7 days of 9:00 to 21:00
National institute of Assistance to the Victims and Mediation (INAVEM)
1, rue du Pré Saint-Gervais
93691 Pantin cedex
08victimes@inavem.org
Associations of network INAVEM aim to accommodate and inform the victims and their close relations on their rights, to accompany them in their steps and to bring a psychological support to them.
- You can obtain the coordinates of associations of assistance to the victims with the Court of Bankruptcy of your residence.
Model of letter to be addressed to the public prosecutor
Name
First Name
Adresses |
Date |
Mister
the public prosecutor,
Mister
the public prosecutor,
I was victim of an infringement (natural of this infringement) it (date of the infringement) with (place of the infringement).
People were pilot of this infringement. It is about (names and first names of the witnesses) which resides at (addresses witnesses). The author is (name and first name of the author of the infringement) and it resides at (addresses of the author of the infringement) 1
Following this event, I suffered a damage evaluated with (quantified amount of the undergone damage) euros.
Please accept, Mister the public prosecutor, the expression of my distinguished consideration. |
| |
Signature |
1 If you do not know the author of the infringement indicate that you file a complaint against X. |
Information can be obtained from the courts, houses of Justice and the right, town halls, associations, social welfare, access points to the right, free permanency lawyers… |
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