French

When someone with legal capacity considers him/herself to be the victim of one or more offences punishable under the French Criminal Code, he/she can file a complaint. 

Where and how to file a complaint in France? 

• In an emergency: go to the police station or call 17 or 112 
• In other cases: you can file a complaint at the police station or submit a written complaint (registered letter with acknowledgement of receipt or simple letter) to the public prosecutor  
• There are also websites where you can obtain information, report incidents or file a complaint online, for example: 
  – https://www.pre-plainte-en-ligne.gouv.fr/ 
  – https://arretonslesviolences.gouv.fr 

The difference between a complaint (“plainte”) and a “main courante” 

If the victim chooses to go to the police station, they need to make sure that a complaint (“plainte”) is filed, and not a simple “main courante”. 

A “main courante” is a unilateral statement recorded in the police station’s registers : it does not have the effect of triggering an investigation or criminal proceedings. 

What information should be given to the police officer? 

Complaints are not subject to any formal or substantive conditions. Nevertheless, it is useful to include the following information, when it is possible: 

• Civil status and full contact details of the complainant (address and telephone number)  
• Detailed account of events, date and place of the offence 
• Name of the perpetrator and/or any known information about him/her (address, telephone number, etc.) (the complaint can also be filed against person unknown) 
• Names and addresses of any witnesses to the offense  
• Any proof possible, e.g. medical certificates confirming injuries, work stoppages, various invoices, property damage reports 

What can I do if my complaint will not be filed?  

As long as the facts constitute a criminal offence, the police has to take the complaint (even if the police station is not territorially competent). 

If a police officer refuses to file your complaint, you have several options: 

• Remind them of their legal obligation to do so (article 15-3 of the Code of Criminal Procedure). 
• Get in touch with a lawyer, who can unblock the situation by accompanying you to the police station when you file your complaint and/or contact the public prosecutor to report the officer’s behavior. 
• Bypass the problem… By going to another department, or by filing a complaint directly with the public prosecutor, via a lawyer or by yourself. 

The prosecutor’s role 

In any case, the public prosecutor who receives the complaint has the “opportunity to prosecute”, which means that he has several options: 

• He can decide to drop the case 
• He can decide to implement an alternative procedure to prosecution 
• He can initiate proceedings  

Time limits 

French law sets a time limit on the right to file a complaint. After a certain period, it is no longer possible to prosecute an individual for acts allegedly committed. With a few exceptions, the prescription starts from the date on which the offence was committed and expires after: 

• 1 year for minor offences (“contraventions”) 
• 6 years for offences punishable by a sentence of up to 10-yeayrs (“délits”) 
• 20 years for crimes (rape, murder, etc.) 

For sexual offences, the time limits are extended when the victim was a minor at the time of the offence:  

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

These new time limits do not apply to already prescribed acts as of August 6, 2018. 

Calculating these time limits can be complex, so it is recommended to seek advice from a lawyer. 

Why get help from a lawyer? 

Filing a complaint can be a complex process, especially in cases of sexual offences (domestic violence, sexual assault, rape, etc.). Under emotional stress, it can be difficult to explain the situation clearly to the police officer. Nevertheless, it’s important not to omit certain information, that can be crucial to the outcome of the case. 

Having a lawyer by your side can provide support and assistant in this emotionally and legally difficult process.  

Your lawyer will also know how to use the right legal terms to ensure that the key information is passed on and that the investigation is carried out in the best possible way. 

General advice 

• If you are not fluent in French, please request the assistance of an interpreter or a bilingual lawyer, as is it not guaranteed that the police officer that receives you will understand English 
• When making your statements, use short, simple sentences so that the interviewer can easily understand you and properly transcribe what you say into writing 
• When necessary, use “language caution”. If the events took place several months or years ago, if you were not in your right mind (alcohol, drugs, etc.) or if you have been strongly affected by what happened to you, it is normal not to remember everything precisely. To avoid contradicting yourself in the future, use phrases such as “it seems to me that”, “I think that”, “in my memories”. 
• Similarly, when you don’t have the answer to a question or cannot remember something, do not hesitate say so (rather than making it up or trying to fill in the blanks). 
• Finally, it’s crucial to reread the transcript carefully before signing it, with the help of your lawyer if you have one. 

Complaints with civil action (before the Investigating Judge) 

It is possible to file a complaint with civil action (“plainte avec constitution de partie civile”) which has the effect of referring the matter to an Investigating Judge for him/her to open a judicial investigation, in the following cases:

• The initial complaint has been dismissed 
• The initial complaint has been filed with the public prosecutor more than 3 months ago and no further action has been taken 
• A copy of the initial complaint lodged with a police has been sent to the public prosecutor more than 3 months ago and no further action has been taken 
• The matter related to a crime or a press offence. 

Note: the person filing the complaint before the Investigating Judge may have to pay a sum of money called a “consignation”. This sum, designed to avoid abusive complaints, is set according to the complainant’s income. It is returned at the end of the procedure, except in specific cases. 

Your criminal defense with Me Lois Pamela LESOT

You wish to file a complaint?
Consult a lawyer: Me Lois Pamela LESOT – +33.(0)6.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and defends victims of criminal offenses, such as domestic violence, rape, etc.

Date of the article : March 20th 2025 | By Lois Pamela LESOT