What happens after a complaint is filed?

Verified 17 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

When a victim files a complaint, a police or gendarmerie department is responsible for investigating. The final decision on the direction of the complaint shall be taken by the public prosecutor. He can dismiss the case or have the suspect tried. If the victim has filed a complaint with a civil partyHowever, the investigative judge conducts the investigation and decides whether or not to try the case.

Simple complaint

The investigation shall be entrusted to a judicial police.

The judicial police designate the services responsible for investigating. It is often the gendarmerie or the national police.

More rarely, the investigation is entrusted to other judicial police services, such as customs.

Judicial police missions shall be carried out by Judicial Police Officers (APJs) and judicial police officers (OPJ).

Depending on how the victim files his complaint, the first acts of the investigation are not the same.

The victim may file a complaint with the police or gendarmerie or send the complaint by mail to the public prosecutor.

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Complaint to the police or gendarmerie

The police or gendarmerie can start the investigation directly without sending the complaint to the court.

The OPJ must keep the public prosecutor informed of the progress of the investigation when it has been started for more than 6 months.

FYI  

the police or gendarmerie may refer the complaint to another territorially competent investigation service.

Complaint by letter to the prosecutor

After receiving the complaint letter, the public prosecutor sends the complaint to a judicial police service.

When the public prosecutor instructs the judicial police officers to carry out a preliminary investigation, it shall fix the time limit within which such investigation is to be carried out. It may extend the time limit at the request of the investigators.

The investigation begins with a hearing of the complainant.

The investigation must enable the judicial police to verify the existence of a infringement the criminal law, gather evidence and search for suspects.

The judicial police shall carry out their duties under the supervision of the public prosecutor.

As soon as a suspect is identified, the judicial police must inform the public prosecutor.

FYI  

in case judicial information system, the judicial police shall carry out their duties under the supervision of the investigating judge.

All the acts that the judicial police officers and officers carry out during their investigation are recorded in minutes. These minutes shall not be communicated to the suspect or victim during the investigation.

Hearings and interrogations

During the investigation, the victim may be interviewed again. They may also be confronted by the suspect.

The suspect, if identified, can be placed in police custody or heard in open hearing.

The witnesses may be heard by the judicial police.

The questions and answers of the persons interviewed shall be written in the minutes.

FYI  

at any stage of the investigation, the victim may request to be heard by the judicial police.

Investigative acts

The judicial police can make searches and capture evidence (such as computer hardware).

The judicial police may call on experts for technical examinations. For example, to ask an expert to exploit a hard drive seized during a search.

The judicial police may also request scientific expertise. For example, to ask an expert to examine the DNA on a piece of evidence.

The judicial police may also make requests, called requisitions, other private or public bodies. Such requests shall provide information relevant to the investigation.

Example :

The judicial police may send a requisition to a telephone operator to obtain a record of telephone calls made or received on a telephone number.

In a preliminary investigation, certain acts (expert opinions, examinations, etc.) must be requested or authorized by the public prosecutor.

In a flagrancy investigationHowever, the OPJ can do these acts without having to seek permission from the public prosecutor.

FYI  

at any point in the investigation, the victim may himself provide evidence to the investigation services.

Duration

The public prosecutor shall set the time limit within which the investigation is to be carried out.

Depending on the complexity and severity of a case, an investigation can take weeks, months or even years.

However, the judicial police must ensure that they do not exceed limitation periods between each of his acts (hearings, interrogations...).

The duration of the preliminary inquiry may not exceed 2 years as from the first act of investigation. The public prosecutor may exceptionally extend this period by one year.

The victim is not necessarily informed of the progress of the investigation. It may ask the police or gendarmerie or the court where its proceedings are registered to be informed of the follow-up to the complaint.

FYI  

a victim who has filed a simple complaint for more than 3 months can under certain conditions file a civil party claim to the investigating judge.

At the end of the investigation, the judicial police service forwards the minutes to the public prosecutor.

It's up to the prosecutor to decide on the direction of the case.

Before making his decision, the public prosecutor may request further investigation.

Decision of the Public Prosecutor

If the investigation appears to be completed, the public prosecutor may take one of the following decisions:

Please note

if the investigation is complex, the public prosecutor may open a judicial inquiry to entrust the case to an investigating judge.

Informing the victim

The public prosecutor must inform the victim if he decides to have the suspect tried or to take an alternative measure to prosecution.

Where the judge decides to dismiss the proceedings, the judge shall also notify the victim of the decision, stating the legal or opportunity which justify it.

If the suspect is to be tried, the prosecutor proposes to the victim to appoint civil party.

The victim can get help from a victim assistance office.

Who shall I contact

With the formation of a civil party

When a victim drops off a civil party claimHowever, it is the investigating judge who decides whether or not to start the investigation, after having asked the public prosecutor for his opinion.

Deposit of a consignment

After filing a civil party complaint, the dean of the investigating judges asks the complainant to pay a sum called consignment. The judge determines the amount of this deposit based on the complainant's income.

The deposit must be paid within a time limit set by the judge. If this deadline is not met, the complaint may be dismissed.

This sum guarantees the payment of a possible fine if the complaint proves to be abusive (invented facts...). This fine is €15,000 maximum.

In other cases, the deposit is returned at the end of the investigation, whether or not there is a trial.

Warning  

the complainant does not have to pay a deposit if he has obtained legal aid for this procedure. They may also not have to pay a deposit on the decision of the judge.

Transmission to the prosecutor

The complaint is then forwarded by the Dean of the Investigating Judges to the Public Prosecutor for an opinion called requisitions.

Before taking his requisitions, the public prosecutor may ask the investigating judge:

  • to hear the civil party
  • and a period of 3 months to continue the investigation.

In his requests, the public prosecutor may ask the investigating judge to open a judicial inquiry. It may also ask the complainant to disregard the complaint (for example, if it considers that the facts do not constitute an offense).

Please note

when the prosecutor asks the judge to disregard the complaint, he or she may indicate to the victim that they can use the direct quotation to have the suspect summoned to court.

Decision of the investigating judge

The dean of the investigating judges can decide whether or not to follow the requests of the public prosecutor.

The judge may hear the complainant on his own initiative or at the request of the prosecutor.

If the dean decides to open a judicial inquiry, he shall then designate the investigating judge to investigate. He can designate himself.

If the judge refuses, he'll take a ordinance of refusal to inform. This is the case if the alleged acts are not a criminal offense or if they have clearly not been committed. In the event of a refusal to inform, the investigation shall not be initiated.

The complainant may appeal the decision to refuse to inform within 10 days of the notification of this decision. The call must be made on-site by a statement to the Registrar of the investigating judge. This declaration shall be signed by the Registrar and by the complainant or his lawyer.

Who shall I contact

Appeals against decisions refusing to inform are heard by the Investigative Chamber of the Court of Appeal.

Please note

if the investigative judge refuses to open a judicial inquiry, the person against whom the complaint is made may prosecute the complainant for slanderous denunciation and request payment of damages.

The investigative judge has extensive investigative powers to seek evidence and perpetrators.

He educates charging and dischargingIn other words, he must seek both proof of the innocence and guilt of the accused person.

He may proceed to the indictment people.

He may place the accused under judicial review or refer an application to the judge of freedoms and detention for a pretrial detention.

The law provides rights for parties (civil party, accused, assisted witness) to intervene throughout the judicial inquiry.

What are the powers of the investigating judge?

Order investigative acts

The investigative judge looks for evidence.

He may refer the matter to the police or gendarmerie by letters rogatory to conduct an investigation.

It may hear the persons complained of, witnesses, organize confrontations, conduct searches, make seizures.

He may ask for expert opinions, for example DNA analyzes.

They may also request that wiretapping or organize surveillance operations. He can go to the scene, arrange a reconstruction of the facts.

Indict

If the examining magistrate considers that there are serious or consistent indications with regard to a defendant, the investigating magistrate may indict.

The judge must place the person under the status of assisted witness when the indictment of the accused person is not possible.

Issue warrants

The investigating judge may issue different warrants.

The search warrant is for the arrest by law enforcement authorities of an accused person for the purpose of placing him in custody police custody.

The summons to appear is an act notified officially to a person to compel him or her to appear before the investigating judge.

The order to bring is the order given to the police or gendarmerie services to bring before the investigating judge a person in respect of whom there are serious or consistent indications. This warrant may also be used to bring before the judge a person who has not complied with a previous summons.

The arrest warrant is the order given to the police or gendarmerie services to search for a person, arrest him and take him to prison.

Order pre-trial detention or judicial review

The investigating judge may refer a request to the judge of freedoms and detention for a pretrial detention.

Indictment The person may then be remanded in custody if the needs of the investigation so require.

If the investigative judge or the liberty and detention judge refuses to place the person in detention, he or she may set up a judicial review. The accused will then have to comply with obligations (e.g. not to visit certain places, not to meet certain persons).

The person may also be house arrest under electronic surveillance.

What are the rights of the parties?

The parties involved in the proceedings and the civil parties may be assisted by a lawyer.

A victim who does not make himself a civil party does not enjoy the rights of the civil party.

The victim may be a civil party throughout the proceedings.

Indictment Person

Indictment The person concerned has access to the investigation file. She can ask, after the first appearance, to have a copy of the documents in the file. Delivery must take place within 1 month.

It may ask the investigating judge to perform certain acts (hearing, confrontation, transport to the scene, production of documents, etc.).

It may request the annulment of certain acts by seizing by request the Investigative Chamber of the Court of Appeal.

Who shall I contact

She can apply for her release if she is remanded in custody or she can release judicial review or house arrest under electronic surveillance.

Indictment The person can do call orders issued by the investigating judge.

The appeal must be made by a statement to the registrar of the investigating judge.

This declaration shall be signed by the Registrar and by the defendant or his lawyer.

The detained accused must appeal to the prison registry by means of a statement of appeal form.

The Investigative Chamber of the Court of Appeal is considering the appeal. It may confirm or annul the decision of the investigating judge.

Witness assisted

The assisted witness shall have access to the file.

He can ask the investigating judge to perform acts (hearing, confrontation, transport to the scene, production of documents ...).

The witness assisted may request the cancelation of documents of the proceedings (a statement of questioning, a wiretap, police custody ...). Cancelation is requested by a request addressed to the investigating chamber of the Court of Appeal.

Who shall I contact

Civil party

The civil party has access to the file. It may request a copy of the file after its first hearing. Delivery must take place within 1 month.

It may ask the investigating judge to perform acts (hearing, confrontation, transport to the scene, production of documents, etc.).

It can request the annulment of procedural documents (an interrogation report, a telephone tapping, police custody ...). Cancelation is requested by a request addressed to the investigating chamber.

Who shall I contact

The civil party may call orders issued by the investigating judge. The appeal must be made by a statement to the registrar of the investigating judge. This declaration shall be signed by the Registrar and by the civil party or his lawyer.

The Investigative Chamber of the Court of Appeal is considering the appeal. It may confirm or annul the decision of the investigating judge.

The criminal investigation ends when the investigation is completed.

The investigating judge then issues an appeal settlement order.

This order is notified parties who have the right to appeal.

Settlement order

Based on the results of the investigation and the evidence gathered, the investigating judge issues a dismissal order or a referral order to the court.

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Non-suit

The investigating judge shall issue an order of non-suit in the following cases:

  • Facts do not constitute a infringement
  • No author is identified
  • Indictment There are no sufficient burdens, that is, sufficient indicia, with respect to the person
  • The accused has acted in a state of self-defense. The dismissal order must specify the charges establishing the facts committed by the accused and their implications for the victim. The victim may seek redress in civil proceedings.
  • The accused dies. The dismissal order must specify the evidence establishing the facts committed by the accused and their implications.

The public prosecutor may request the reopening of the criminal investigation if new evidence emerges.

Dismissal

If the information establishes that an offense has been committed, the investigating judge shall issue an order for referral to the court competent to try the offense.

  • If it is a contravention, the matter is referred to the police court.
  • If the offense is committed, the case is referred to the correctional court.
  • If it is a crime, the case is referred to the court of assize.
  • If the crime is committed by a minor over 16 years of age, the case is referred to the juvenile court.

Notification of the order

The order is notified to the parties orally (with signature) or by registered letter.

Appeal against the order

Indictment The person and the civil party or their counsel may appeal the settlement orders.

The appeal period is 10 days.

The statement of appeal shall be made to the registrar of the court which issued the decision (or to the registry of the penitentiary institution if the accused is detained).

Who shall I contact

The appeal is heard by the Investigative Chamber of the Court of Appeal.

Who can help me?

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