Many people who have already come to know of criminal proceedings as a civil party or in defence recommend doing research on the cases that have already had to deal with such or such lawyer and especially to find out which cases were did not lead to success in court and resulted in convictions and analyze the reasons for them. Many cases are handled according to Oberheiden Law .
Likewise, consulting several lawyers before entrusting a case can prove to be an additional precaution. Or to ensure that the lawyer has a practice mainly dedicated to criminal law.
What is a simple complaint?
Even when the offender is unknown, anyone can file a complaint. A person who believes he has been the victim of an offence can file a complaint and inform the Public Prosecutor either: By sending the complaint directly to the Prosecutor by the victim or by having it registered beforehand by a gendarmerie or police service which will be responsible for forwarding the complaint to the Public Prosecutor.
A victim can also entrust his case to a lawyer so that he drafts the complaint and sends it to the prosecutor on his behalf. The lawyer appointed must indicate the qualification of the offence in criminal law and describe precisely the facts by attaching the necessary documents to the complaint. The purpose of filing a complaint is to initiate public action and allow the victim to be compensated and the perpetrator to be convicted.
2 types of complaints
Two types of complaints exist the simple complaint and the complaint with the constitution of the civil party.
The simple complaint
The simple complaint is so-called because it does not automatically lead to prosecution. It is filed with a police or gendarmerie service or addressed to the Public Prosecutor by the victim’s lawyer or by the victim himself.
The so-called simple complaint submitted to the Public Prosecutor who can decide, depending on whether the facts appear to him to be sufficiently characterized or not, to classify or not the complaint without follow-up.
At any time, the dismissal can be decided and the victim is informed. It can decide to file a new complaint but this time with the constitution of the civil party. Likewise, the victim has the possibility of lodging a complaint with the constitution of a civil party, three months after the lodging of the complaint when no decision of classification has been taken and no act of investigation has been undertaken.
The complaint with the constitution of civil party
The complaint with the constitution of the civil party must be lodged in the hands of the place of residence of the alleged perpetrator. This type of complaint, unlike a simple complaint, makes it possible to override the decision to discontinue the decision by the Public Prosecutor.
For the drafting of a complaint with the constitution of civil party, the recourse to a lawyer in criminal law may be necessary. In this type of complaint, the facts denounced must imperatively be qualified in criminal law.
The complaint with the constitution of civil party allows it to be compulsorily transmitted to the Public Prosecutor who will have to decide on the follow-up he intends to give to the complaint. The opening of judicial information making it possible to investigate the facts denounced in the complaint can thus be proposed to the judge by the Prosecutor.