Minor victim of theft or extortion (racket)
Verified 01 March 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
A minor victim of theft or extortion, commonly known as racket, can file a complaint with the help of his parents. It can also benefit from increased support from educational staff and specialized associations. The perpetrators of these acts are subject to serious criminal penalties proportional to their age (fine, prison).
What is stealing?
Theft is the act by which a person takes an object that belongs to another person, without their consent or authorization.
For example, taking a passenger's wallet on a train without them realizing it, or hitting a passerby on the street and ripping his mobile phone out of his hands.
Theft can be with or without physical violence.
It is an offense, that is, an act prohibited by law and punishable by a specific penalty.
What is extortion?
Extortion, often called racket, is the act of forcing a person to hand over an object or a sum of money, by threatening him or his relatives with violence.
The money may not be handed over immediately.
For example, the perpetrator asks the victim for a sum and gives him a period of time to find the money.
Extortion is a infringement punishable by a penalty greater than theft.
The child victim may go alone to the police station or gendarmerie brigade to drop off a handrail.
He can also let his parents file a complaint on his behalf.
However, only his parents will be able to take civil action and claim damages on his behalf.
On the spot
You must go to a police station or the gendarmerie of your choice.
The police or gendarmerie services are obliged to register the complaint.
The complaint is then forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).
If you don't know the perpetrator, you can fill out an online pre-complaint before traveling.
You will then get an appointment and the police or gendarmes will already have the elements of your complaint upon your arrival.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
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, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
The simple attempt of theft or racketeering sufficient to render a complaint admissible.
An attempt is made if the perpetrator has begun to commit the offense but has failed because of something beyond his control.
For example, there is an attempted racket if the perpetrator threatened his victim in a hallway but was caught by a teacher.
In case of fear of reprisals, the minor and witnesses may request that their personal address not appear in the file.
A minor who is the victim of school robbery or extortion (committed by other students) must be supported by the educational staff.
This is true even if the events did not take place in the building itself (on the sidewalk, for example) or if they are threats via the Internet.
The minor attending school can thus confide in a teacher, a principal education adviser (CPE), a supervisor or any other staff of the institution.
These people must help him and to report the facts to the head of the establishment.
The State party should take the necessary measures by informing the departmental services of the national education system.
The school head may also inform the police officer or gendarme "safety-school referent" assigned to his school, if this device exists.
The minor and his or her parents may also notify the national education authorities themselves if they wish to have measures taken by the head of the school.
These measures can be a change of class or sanctions against another student.
Who shall I contact
FYI
any teacher or other public official who becomes aware of an offense in the course of his duties must immediately notify the Public Prosecutor by sending him a letter.
Who shall I contact
In all cases, the minor victim of theft or extortion can contact a local victim assistance association to receive information.
Who shall I contact
He can also contact Stop Harassment or Net Ears in case of threats via the internet.
Who shall I contact
No to harassment
Reception of young people or parents, victims or witnesses of bullying at school
By telephone
3020
Service open throughout the year from Monday to Friday from 9am to 8pm and Saturday from 9am to 6pm, except on public holidays
Toll-free: call and free service, from landline or mobile
Who shall I contact
National number for victims of digital violence
To ask anonymous and confidential questions about online harassment (cyber-harassment).
By telephone
3018
Open from Monday to Friday from 9am to 8pm and Saturday from 9am to 6pm
Free and anonymous call
Website
The penalties imposed depend on the facts concerned and the age of the perpetrator.
The facts may be recharacterized in the course of the investigation regardless of the characterization in the original complaint.
The author is an adult
Situation | Maximum penalties |
|---|---|
Single Flight | 3 years in prison €45,000 fine |
Robbery with violence | 5 years in prison €75,000 fine |
Extortion with violence | 10 years in prison €150,000 fine |
The law allows the judge, in certain circumstances, to adjust the sentence and increase it.
Example :
In the case of extortion of a person whose particular vulnerability is apparent or known to the perpetrator. Vulnerability may be due to age, disease, disability, physical or mental impairment or pregnancy. In this case, extortion is punishable by 10 years imprisonment and €150,000 of fine.
The author is a minor and is over 13 years old
Situation | Maximum penalties |
|---|---|
Robbery with violence | 2 and a half years in prison €7,500 fine |
Extortion with violence (racketeering) | 5 years in prison €7,500 fine |
The author is under the age of 13
Of specific sanctions apply because the minor cannot be sentenced to pay a fine or go to prison.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you belong to the Ministry of the Interior.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Penalties for theft
Penalties for extortion
Obligation to make a complaint
Establishment of a system for the care and monitoring of victims of violence in the school system
Sentences for minors over 13 years of age
Service-Public.fr
Ministry of Education
Ministry of Justice