A victim or anybody else may file a report with the police regarding acts of domestic violence and criminal proceedings shall be commenced and conducted in accordance with the Code of Criminal Procedure .

Commencement of proceedings

In most cases, it is the obligation of the police to commence criminal proceedings when they have been notified about a criminal offence, even if the victim has not submitted a formal complaint. However, the police cannot initiate investigations unless a report has been made by the victim. A report or “main courante” is different than a complaint. 

  • A complaint is the official document by which people, who consider themselves to be victims of a criminal offence and who want the perpetrator to be prosecuted, can trigger an investigation.
  • A “main courante” or report is an official document that simply records the facts that are brought up to the attention of the police or gendarmerie but it does not generally trigger an investigation. People can file a “main courante” when they wish to report facts that they witnessed or experienced without there being any criminal proceedings. This report can later be used as evidence in subsequent proceedings.

The police or gendarmerie are not authorised to suggest the victim to file a “main courante” instead of a formal complaint. Also, police officers and “gendarmes” have the obligation to register the victim’s complaint, even if the victim does not have a medical certificate proving that the domestic violence occurred.

Because it is not intended to lead to the prosecution of the perpetrator, a “main courante” is usually not forwarded to the public prosecutor, unlike a formal complaint. However, the police and gendarmerie are obliged to inform the public prosecutor of any criminal offence of which they become aware during their duties. Therefore, if a victim files a “main courante” which concerns serious facts constituting a criminal offence (such as domestic violence), the police will have to pass on the report to the public prosecutor.

Therefore, even though the victim of violence may be in fear of continued or repeated acts of violence as “punishment” for turning to the authorities, the current legal regulations still require the victim to submit a written report or complaint to the police in order for them to commence investigations and forward them to the public prosecutor who will decide whether or not to initiate criminal proceedings. If the victim fears being abused by their partner as a “punishment” for having filed a complaint, the victim should instead file a “main courante” because the person against whom the main courante is filed will not be informed of the procedure, unlike formal complaints.

Decision on initiating criminal proceedings

In France, it is possible to file a complaint in person at the police station or at the “gendarmerie”, or by post directly to the public prosecutor. 

  • If the victim complained directly to the public prosecutor, the prosecutor will send the complaint to a police department which will be responsible for the investigation.

Once the preliminary investigation is over, the public prosecutor may take one of the following decisions regarding the procedure:

  • They can decide not to initiate criminal proceedings by classifying the case as “sans suite”, for example if they consider there is insufficient evidence.
  • They can propose an alternative measure rather than a court judgment known as a “mesure alternative aux poursuites”, for example mediation, compensation etc.
  • They can ask an investigation judge (“juge d’instruction”) to continue the investigation if the case is too complex.
  • They can send the case to court, which could result in a conviction.

Appeal

Where the public prosecutor refuses to initiate criminal proceedings and classifies the case as “sans suite”, it must be a decision in written form and the public prosecutor must inform the applicant of the reasons for taking this decision. The victim has the right to appeal this decision to the general prosecutor of the court of appeal by post. The general prosecutor will examine the complaint and, if they approve of the appeal, they can order the public prosecutor to initiate proceedings. If they reject the appeal, they must inform the applicant. The decision of the general prosecutor, by which the complaint is refused or satisfied, shall not be subject to appeal and it is the final decision on this matter. If a victim believes that her or his human rights have been violated by this decision, they have the opportunity to submit a claim to the European Court of Human Rights if they fulfil the conditions of admissibility of the Court.

Special measures for victims of domestic violence

Victims of domestic violence are offered appropriate measures to protect them during criminal proceedings. To ensure a victim’s safety, the law enforcement officials directing the criminal proceedings may apply a security measure prohibiting the perpetrator from approaching the victim or a specific location. For example, the public prosecutor may, before taking a decision on the prosecution, directly or through a police officer, ask the perpetrator to stay away from the couple’s residence and from the victim. This measure is usually taken when acts of domestic violence are likely to be repeated and when the victim requests it. Read more about measures that can be taken to protect victims of domestic violences.

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Last updated 06/11/2023