Should the prosecutor prosecute a complaint?

The public prosecutor can dismiss a complaint for several reasons:

• The facts reported do not constitute a infringement (i.e. the prosecutor considers that the facts reported by the complainant do not violate the law)
• The offender is not identified because there is no clue to find him
• The Complainant has withdrawn his complaint or has been compensated by the perpetrator at the request of the public prosecutor
• The perpetrator complied with the law at the request of the public prosecutor
• The harm caused by the offense is not very significant and the prosecutor believes that the case is not serious enough to proceed.

The no follow-up classification is not a final decision.

The public prosecutor may reconsider his decision at any time and decide to prosecute (for example, if the police find new evidence or identify the perpetrator). But the prosecutor can no longer prosecute if the facts are prescribed or if the perpetrator has died.

The complainant may challenge the termination of the complaint by the public prosecutor for a follow-up to the acts of which he considers himself a victim. The challenge must be made before the expiry of limitation period for criminal proceedings.

The challenge of a no follow-up classification is done by sending a letter to the chief prosecutor of the court of appeal.

Mail can be delivered against receipt or sent by simple letter or by registered letter with acknowledgement of receipt.

The Attorney General may order the public prosecutor to initiate proceedings. It can also dismiss the application for the same reason as the public prosecutor.

Where the complainant wishes to have the alleged perpetrator summoned for trial, he or she may enter directly the court using one of the following 3 procedures:

• Complaint with formation of civil party before the investigating judge
• Direct Quote if the perpetrator is identified
• Claim for damages for the damage suffered.