Can a complaint be withdrawn and what are the consequences?

Verified 27 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

Withdrawal of your complaint is always possiblebut it does not involve automatically the prosecution's halt.

The Public Prosecutor is the only one who can decide to continue or not the perpetrator, before the court.

There's no no legal time limit.

The withdrawal of a complaint may take place at any time the procedure, the survey to judgment.

To do save your checkout of complaint, you can surrender at the police station of police or to the gendarmerie to which you have filed a complaint.

Who shall I contact
Who shall I contact

Withdrawal of your complaint can be made to the public prosecutor the court to which you addressed it or to which the police or gendarmerie services transmitted it.

In this case, the withdrawal of your complaint is done by mail (simple letter or registered letter with acknowledgement of receipt) that you address or drop to the competent court of law.

Your email must contain maximum information (date of complaint, number of minutes, date of the facts, name of the parties...) and the reasons of your withdrawal request.

Who shall I contact

Withdrawal of your complaint does not result in not systematically the cessation of legal proceedings.

The public prosecutor seised of criminal acts may decide to continue the author of the facts, despite the withdrawal of your complaint, since his role is to ensure compliance with the law.

However, the public prosecutor ceases prosecution if your complaint is withdrawn after a penal composition or a criminal mediation carried out with his agreement.

In case of insult, of defamation or for some privacy breaches (e.g.: distribution of correspondence, image damage(b) the withdrawal of your complaint will result in l'discontinuation of proceedings.

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