Can a complaint be withdrawn and what are the consequences?
Verified 06 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Withdrawal of your complaint is always possiblebut it does not involve automatically the termination of an investigation or prosecution. The Public Prosecutor is the only one who can decide to continue or not in court. We give you the information you need to know.
There's no no time limit to withdraw a complaint.
Withdrawal may take place at any time of criminal procedure:
- Above all police investigation
- During the police investigation (flagrancy investigation, preliminary investigation or survey on letters rogatory of the investigating judge)
- Before the court, when the offender is brought before it for trial.
Withdrawal takes place by any means (letter, statement on record, withdrawal of formation of civil party).
To withdraw the complaint, you can surrender at the police station of police or to the gendarmerie brigade where it was dropped off.
Who shall I contact
FYI
There is an implicit withdrawal of your complaint if you do not pay the amount requested (deposit) following a civil party claim or as a result of direct quotation.
The withdrawal of your complaint can also be made with the public prosecutor the court to which you addressed it or to which the police or gendarmerie services transmitted it.
In this case, the withdrawal of your complaint is done by mail (simple letter or registered letter with acknowledgement of receipt) that you address or drop to the competent court of law.
Who shall I contact
Your email must contain maximum information (date of complaint, number of minutes, date of the facts, name of the parties...) and the reasons of your withdrawal request.
If you withdraw a complaint and it comes forward and it's an indictable offense, the process continues.
The Public Prosecutor informed of the withdrawal of the complaint may decide to continue the author of the facts since his role is to ensure compliance with the law. Your willingness to stop the proceedings has no effect on the choice of the public prosecutor.
Warning
However, in case of insult, of defamation or for some privacy breaches (e.g.: distribution of correspondence, image damage) withdrawal of your complaint will result in'discontinuation of proceedings. For these offenses, the complaint is indeed a prerequisite for the initiation of proceedings.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
Initiation and termination of proceedings
Victim's complaint for violations of privacy (article 226-6)
Victim's complaint for insult and defamation (Article 48)