A complaint allows the victim of an offence to bring the facts to the attention of the justice system. It triggers an investigation, but the decision to prosecute lies with the public prosecutor. Knowing the steps helps to prepare a solid file and follow its progress.
Where to file
A complaint can be filed with the police or the gendarmerie, or sent in writing to the King's prosecutor at the competent court of first instance.
For the most serious offences, classified as crimes, the King's prosecutor general at the court of appeal is competent.
What the complaint should contain
- The complainant's identity and contact details.
- A precise, dated account of the facts.
- The offender's identity, if known.
- The available evidence: documents, messages, medical certificates, witnesses.
- The harm suffered.
Possible outcomes
The prosecutor usually orders a judicial police investigation. Depending on the results, they may prosecute, use conciliation where the law allows it, or close the case.
The victim can join the proceedings as a civil party to claim compensation before the court hearing the case.
Complaint with a civil party claim
When an ordinary complaint leads nowhere, the victim may in some cases apply directly to the investigating judge with a complaint and civil party claim, depositing a sum set by the judge.
The firm's view
A precise complaint with organised supporting documents makes the work of investigators and prosecutors easier.
Maître Malak Elimani assists victims in drafting their complaint, following the investigation and defending their interests in court. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.