When a person with legal capacity considers themselves to be the victim of one or more offenses punishable under the Criminal Code, they may file a complaint.

Where and how can a complaint be filed?

• In case of emergency: by going to a police station or a gendarmerie brigade, or by calling 17 or 112.
• Outside of emergency situations: by going to a police station or a gendarmerie brigade, or by submitting a written complaint (registered letter with acknowledgment of receipt or standard letter) to the Public Prosecutor at the Judicial Court of the place where the offense was committed or where the alleged offender resides.
• There are also websites that allow you to obtain information or report incidents (online pre-complaint):
  – https://www.pre-plainte-en-ligne.gouv.fr/
  – https://arretonslesviolences.gouv.fr

Difference between a complaint and an incident report

If the victim chooses to go to a police station or a gendarmerie brigade, care must be taken to ensure that a complaint is filed, and not merely an incident report.

An incident report is a simple unilateral statement recorded in the police station’s registers, which does not trigger an investigation or criminal proceedings.

What information should be provided to the police officer or agent?

The complaint is not subject to any formal or substantive requirements. However, to make it effective, it is useful to include (where possible) the following information:

• Full identity details and contact information (address and phone number) of the complainant
• A detailed account of the facts, including the date and place of the offense
• Name of the offender and/or any known information about them (address, phone number, etc.) (a complaint may also be filed against an unknown person)
• Names and addresses of any witnesses to the offense
• Supporting evidence, such as medical certificates documenting injuries, sick leave certificates, various invoices, or official reports in the event of property damage

What should you do if your complaint is refused?

As long as the facts constitute a criminal offense, the police and gendarmerie are required to accept the complaint (even if the police station or gendarmerie is not territorially competent).

If a police officer or agent refuses to take your complaint, several options are available to you:

• Remind them that they are legally required to do so (Article 15-3 of the Code of Criminal Procedure)
• Contact a lawyer, who can help resolve the situation, for example by accompanying you to the police station or gendarmerie when filing your complaint and/or by contacting the Public Prosecutor to report the conduct of the officer or agent
• Work around the issue… by going to another police service, or by filing a complaint directly with the Public Prosecutor, either through a lawyer or on your own.

The role of the Public Prosecutor

In any case, the prosecutor who receives the complaint has “discretion over whether to prosecute,” meaning they have several options:

• They may decide to dismiss the case without further action.
• They may decide to implement an alternative procedure to prosecution.
• They may initiate criminal proceedings.

Statute of limitations

The law limits the time within which a complaint can be filed, meaning that after a certain period, it is no longer possible to prosecute an individual for alleged acts. Except in specific cases, this limitation period begins on the date the offense was committed and expires after:

• 1 year for minor offenses (contraventions)
• 6 years for misdemeanors (offenses)
• 20 years for serious crimes

Warning: for sexual crimes and offenses, the limitation periods are extended when the victims were minors at the time of the facts:

• Rape: 30 years from the victim’s age of majority (i.e., until age 48)
• Sexual assault: 10 or 20 years from the victim’s age of majority, depending on the case

These new limitation periods do not apply to acts that were already time-barred as of August 6, 2018.

Calculating the limitation period can be complex; it is advisable to seek advice from a lawyer.

Why seek assistance from a lawyer?

Filing a complaint can be a complex step, particularly in cases involving sexual crimes or offenses (domestic violence, sexual assault, rape, etc.). Under emotional stress, it can be difficult to clearly explain the situation to a police officer or gendarme. However, it is important not to omit certain information, which may sometimes be crucial for the course of the proceedings.

Being assisted by a lawyer provides support and guidance throughout this process, which can be both emotionally and legally complex.

Your lawyer will also know how to use the appropriate legal terminology to ensure that key information is conveyed and that the investigation is conducted as effectively as possible.

General advice

• When giving your statement, use short and simple sentences so that the investigator can easily understand you and accurately transcribe your words in writing.

• Use cautious language whenever necessary. If the events took place several months or years ago, if you were not in your normal state (alcohol, drugs, etc.), or if you are deeply affected by what happened, it is normal not to remember everything precisely. To avoid the risk of contradicting yourself later, favor phrases such as “it seems to me that,” “I believe that,” or “as I recall.”

• Similarly, when you do not have the answer to a question or cannot remember something, you should say so (rather than making something up or trying to fill in the gaps).

• Finally, it is crucial to carefully review the official statement before signing it, with the assistance of your lawyer if you are accompanied.

Complaint with civil party application

It is possible to file a complaint with a civil party application, which results in referring the matter to an investigating judge so that a judicial investigation is opened, in the following cases:

• The standard complaint has been dismissed without further action.
• The standard complaint has been filed with the Public Prosecutor for 3 months without any action being taken.
• A copy of the standard complaint filed with a police or gendarmerie service has been sent to the Public Prosecutor for 3 months, and no action has been taken.
• It concerns a serious crime, or a press offense.

Note: the person filing a complaint with a civil party application may be required to pay a sum of money called a deposit. This amount, intended to prevent abusive complaints, is set according to the complainant’s income. It is refunded at the end of the proceedings, except in specific cases.

Your Criminal Defense with Maître Lois Pamela LESOT

Do you wish to file a complaint?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and defends individuals who are victims of criminal offenses, such as domestic violence, rape, pimping, revenge porn, money laundering, etc.

Article date: February 2, 2023 – updated on February 12, 2025 | By Lois Pamela LESOT