When the Public Prosecutor decides not to prosecute, they close the case without further action.

They are required to inform the victim of the dismissal without further action, as well as the legal and factual reasons underlying their decision not to prosecute. The person under investigation, however, is not necessarily informed of the dismissal and must therefore regularly check with the prosecutor’s office.

The reasons for a dismissal without further action may include, in particular:

• A legal impossibility to prosecute: if the offense is not established because one of its constituent elements is missing or because there is a ground for non-liability, or if the public action is inadmissible due to a ground for extinction (such as the statute of limitations, for example)
• A factual impossibility to prosecute: if there is insufficient evidence against the perpetrator at the end of the police investigation
• Even in the absence of a legal or factual impossibility to prosecute, the Public Prosecutor may decide to dismiss the case (they have “discretion over whether to prosecute”). This decision may result from the minor harm caused by the alleged offense, the limited disturbance to public order, or the fact that the offender has compensated the victim.

A case dismissed without further action is archived. The Public Prosecutor may decide to initiate public prosecution at a later date, without having to justify the decision or demonstrate any new element.

What should you do if you are the complainant and the case has been dismissed without further action?

The complainant whose case has been dismissed without further action by the Public Prosecutor may:

• Lodge an appeal with the Prosecutor General
• Refer the matter directly to an investigating judge by filing a complaint with a civil party application

What should you do if you were under investigation and the case has been dismissed without further action?

Once their case has been dismissed without further action, the former person under investigation may consider several actions:

• Request for the deletion of entries from police records
• Filing a complaint for false accusation

Your Criminal Defense with Maître Lois Pamela LESOT

Has your case been dismissed without further action?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm is involved throughout the entire criminal procedure, from the complaint or police custody through to the hearing and its aftermath.

Article date: February 2, 2023 | By Lois Pamela LESOT