Filing a complaint as a tourist in France: a practical guide
Every year, millions of tourists from around the world visit France to experience its picturesque landscapes, rich cultural heritage, and historical landmarks. However, unforeseen incidents can occur. If you are a tourist in France and need to file a complaint, seeking the assistance of a lawyer can greatly simplify the process and protect your rights.
What is a complaint?
Filing a complaint allows you to report an offense to the French justice system. It is a formal document registered by the authorities that describes the incriminating facts and initiates the judicial process. Anyone, regardless of age, nationality, or status, can file a complaint, even if the author of the offense is unknown. Filing a complaint is a crucial step to initiate legal proceedings and seek redress.
How to file a complaint?
To file a complaint, the victim can go to a police station or gendarmerie. An officer will take down your statement and create a report, which will be given to you at the end of the interview. A copy of the complaint is immediately sent to the prosecutor, who will decide what action to take.
The SAVE (Système d’Assistance des Victimes Étrangères) software enables police officers to take the complaint of a foreign tourist and provide a receipt in their native language. This system aims to facilitate the complaint process for non-French speakers, reducing language barriers and ensuring a clear understanding of the reported facts.
You can also file a complaint by sending a registered letter directly to the public prosecutor. This method allows you to precisely detail the facts and attach supporting documents. It is recommended to thoroughly describe the circumstances of the offense and include all available evidence to strengthen the complaint.
What are the possible outcomes of a complaint?
Once a complaint is filed, it is up to the public prosecutor to decide what action to take. He will determine whether to pursue the offense you have reported.
- Case dismissal: If the prosecutor finds the evidence insufficient or the offense minor, they may decide not to pursue the case. This decision means the case is closed without judicial action.
- Opening a detailed investigation : If the case is complex or serious, the prosecutor may order a detailed investigation led by an examining magistrate. This magistrate has extensive powers to gather evidence, question witnesses, and conduct searches.
- Direct Summons: If the evidence is deemed sufficient, the prosecutor can summon the accused directly to court. This expedited procedure is used when the offense is clearly established.
Why is it recommended to be assisted by a lawyer ?
Many complaints are filed daily at police stations, gendarmeries, or with the prosecutor, but not all necessarily lead to legal action. The prosecutor’s office, which has the discretion to prosecute, does not systematically initiate proceedings due to time constraints or lack of evidence. Therefore, the assistance of a lawyer is highly recommended in the complaint filing process.
In this case, the lawyer takes care of drafting the complaint and submits it to the prosecutor on your behalf. The lawyer precisely describes the facts experienced and also provides the legal qualification of the offense. They also attach all relevant documents to the complaint. This approach is particularly suited for financial matters or complex cases. Thus, the lawyer enhances the credibility of the complaint and attracts the prosecutor’s attention.
Moreover, formal or informal exchanges between the lawyer and the public prosecutor play a crucial role. These interactions help raise awareness of the victim’s situation and emphasize the need to initiate public action and refer the matter to an investigating judge or a court.
This proactive approach can significantly influence the prosecutor’s decisions and increase the chances of obtaining an appropriate and prompt response. Ultimately, the assistance of a lawyer throughout the complaint process can strengthen the victim’s position and promote fair and equitable reparations.
While France is generally a safe and welcoming destination for tourists, incidents can sometimes occur. Knowing the steps and procedures for filing a complaint can make a significant difference if a problem arises.
Seeking the assistance of a lawyer is particularly recommended to ensure that your complaint is taken seriously and handled efficiently. With professional help, you increase your chances of having your rights respected and obtaining an appropriate judicial response.
Being well-prepared and informed will allow you to enjoy your stay in France with peace of mind, knowing you have the necessary resources to handle any unforeseen situation.
Being well-prepared and informed will allow you to enjoy your stay in France with peace of mind, knowing you have the necessary resources to handle any unforeseen situation.
Our expert attorneys in French legal procedures are available to answer all your questions and provide advice. Meetings can be held in person or via video conference. You can book an appointment directly online at www.agn-avocats.com.
AGN AVOCATS
contact@agn-avocats.fr
09 72 34 24 72
[1] « Custody is a coercive measure decided by a judicial police officer, under the control of the judicial authority, by which a person against whom there are one or more plausible reasons to suspect that they have committed or attempted to commit a crime or an offense punishable by imprisonment is held at the disposal of investigators.
This measure must be the only means to achieve at least one of the following objectives:
- Allow the execution of investigations involving the presence or participation of the person;
- Ensure the person’s presentation before the public prosecutor so that this magistrate can assess the follow-up to the investigation;
- Prevent the person from altering evidence or material clues;
- Prevent the person from putting pressure on witnesses or victims, as well as on their family or close relatives;
- Prevent the person from coordinating with other individuals who may be their co-authors or accomplices;
- Guarantee the implementation of measures intended to stop the crime or offense ».
[2] In cases involving drug-related offenses or individuals suspected of terrorism, it can be extended up to 4 days.
[3] Article 61-1 of the Code of Criminal Procedure
