Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
A complaint brings the facts to the authorities’ attention
A person who believes they have suffered a criminal offence may file a complaint with the police or gendarmerie, or write to the public prosecutor. The complaint should set out the facts precisely, with dates, places, people involved and available supporting documents.
You do not need to know the perpetrator to file a complaint. If their identity is unknown, the complaint may be filed against an unknown person, known in France as a “plainte contre X”. Keep a copy of the complaint and the case reference assigned to it.
Following the proceedings and responding to developments
After the complaint, the prosecutor decides what action to take. Depending on the circumstances, an investigation may be conducted, an alternative measure ordered, a prosecution brought or the case closed without further action. The victim should report any change of address and keep all notices received.
Under certain conditions, a complaint accompanied by an application to become a civil party may bring the matter before an investigating judge. This route has specific requirements and should not be confused with simply joining proceedings as a civil party before a court already hearing the case.
Seeking compensation for harm
Civil-party status allows the victim to participate in criminal proceedings and claim damages. The claim must identify and quantify the losses relied on: property damage, financial losses, bodily injury or non-material harm.
Each amount must be supported. Invoices, certificates, statements, sick-leave records, bank statements and professional documents should be organised and clearly linked to the facts.
Assistance from a lawyer
A lawyer can assess the legal classification of the facts, organise documents, draft applications and represent the victim. They can also explain the difference between criminal proceedings, intended to punish an offence, and a claim seeking compensation for damage.
The firm assists victims in proceedings governed by French law in Nice and before the competent courts in the region, as well as in matters connected with Romania.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.