Criminal law

Victim of a crime: filing a complaint and asserting your rights

After an offence, reporting it, participating in the proceedings and seeking compensation are three distinct steps. The facts and harm should be documented promptly while the victim’s safety and health remain the priority.

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Protecting the person and preserving useful material

If there is immediate danger or a medical need, safety and treatment come before building the case file. Medical records, photographs, messages, witness details and records relating to damaged or missing property should then be preserved in their original form. Backup copies can be made without altering the source material.

A factual chronology should separate the date of the incident, the date it was discovered, the steps taken and the later consequences. Record what is known, identify uncertainty and avoid public circulation of material that may expose the victim or interfere with the investigation.

Filing a complaint and keeping proof of it

A complaint may be made at any police or gendarmerie station; the services must record a crime victim’s complaint and forward it to the competent unit. A written complaint may also be sent to the public prosecutor, setting out the facts, contact details and available evidence.

The complaint is recorded and a receipt is issued. A copy of the complaint record may be requested. Keep the case number, date, service and every notice received. Reporting the offence informs the authorities, but it does not itself guarantee prosecution or compensation.

Joining as a civil claimant

A victim who can show harm linked to the offence may join the criminal proceedings as a partie civile, or civil claimant, and seek damages. This can take place at several stages, including during the investigation or before or at trial under the applicable procedure.

The civil claim is distinct from the prosecutor’s criminal case. The claimant explains the harm and the remedy sought. If a complaint is closed without action or receives no response, other procedures may be available, including a complaint with an application to join as a civil claimant, but their conditions must be checked before filing.

Quantifying and proving each form of harm

Compensation may address physical, financial or emotional harm where the link with the offence is established. Each amount should be quantified and supported by records such as medical certificates, invoices, estimates, loss of income, travel or treatment costs, witness evidence and documents explaining the personal consequences.

Checklist: dated schedule of expense and loss; supporting document for each entry; insurer and social-security decisions; medical records in date order; property valuations; any restitution request; and updates through to the hearing. If the medical position is not stable, the need for an expert assessment or a later civil hearing should be considered.

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You can send the firm the essential facts, relevant dates and any known deadline.

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Frequently asked questions

Can a police station refuse to record a complaint?

Police and gendarmerie services must record a crime victim’s complaint even if another unit is territorially responsible. The complaint is then forwarded for handling by the competent service.

Is filing a complaint enough to obtain damages?

No. To seek compensation in the criminal proceedings, the victim must join as a civil claimant and submit a quantified claim supported by evidence of the harm and its connection with the offence.

What if the medical consequences are still developing?

Medical evidence and expenses should be kept current without forcing a final valuation while the condition continues to change. An expert assessment or a later hearing on civil damages may be required.

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