Can a minor file a complaint?

Verified 02 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, if you are a minor and have been the victim of a infringementWell, you can make a simple complaint.

You can do it alone or accompanied.

The simple complaint allows you to report to the justice system (public prosecutor, judicial police officers) the facts of which you have been the victim (theft or extortion, violence,...).

On the spot

You have to go to a police station or a gendarme brigade of your choice.

Who shall I contact

You may not be refused the receipt of the complaint.

The complaint is then forwarded to the public prosecutor by the police or gendarmerie.

By mail

You can file a complaint with the public prosecutor.

A free-form letter should be sent to the court of law where the offense was committed or where the offender was domiciled.

The letter should specify the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Names and addresses of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Evidence: medical certificates, findings ...  

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

Who shall I contact

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

As a minor, you don't have the legal capacity. As a result, you cannot take legal action.

If you want your complaint to be prosecuted and compensated, you must to bring you a civil party. But, since you are a minor, you must obligatory be represented by an adult. It may be

  • parent or legal representatives (for example, guardian, guardian)
  • or a entitled (e.g. grandparents)
  • or a ad hoc administrator.

FYI  

an ad hoc administrator is appointed by the court, when your parents cannot defend your interests. This is particularly the case if your parents are involved in the offense, in case of mistreatment for example.

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