Overview
Law enforcement agencies have the mission to protect persons and property, maintain public order, record criminal offenses, receive complaints, and conduct initial investigations under the authority of the public prosecutor or the investigating judge.
The National Police operates mainly in urban areas, the National Gendarmerie in rural and peri-urban areas. Municipal police forces exercise limited powers established by law and the powers of the mayor.
Their role is not to settle civil or commercial disputes, but to deal with criminal offenses.
Types of situations handled
Law enforcement agencies intervene in particular to:
- aggressions and violence; ;
- The threats ;
- thefts and burglaries ;
- scams and frauds ;
- breaches of trust ;
- the damage ;
- domestic and intra-family violence; ;
- harassment ;
- discrimination punishable by criminal law; ;
- traffic offenses ;
- offenses against persons and property; ;
- worrisome disappearances.
They also collect complaints and, depending on the situation, police logs (or judicial intelligence reports in areas under gendarmerie jurisdiction).
Situations excluded from their jurisdiction
Law enforcement generally does not resolve:
- purely civil neighborhood disputes; ;
- consumer disputes ;
- contractual disagreements without criminal offenses; ;
- disputes between landlords and tenants fall under civil law; ;
- Inheritances ;
- divorces and separations (excluding criminal offenses); ;
- commercial disputes.
In these situations, they can direct people to a court-appointed conciliator, a mediator, a lawyer, or the appropriate court.
How they can help
Law enforcement can be contacted:
- by going to a police station or a gendarmerie brigade; ;
- by phone (17 or 112 in case of emergency); ;
- via number 114 (SMS or app for people with hearing or speech difficulties); ;
- by filing an online pre-complaint for certain offenses; ;
- via the official reporting platforms for certain incidents (fraud, cybercrime, illicit content, etc.).
Eligibility requirements
Anyone who is a victim of or witness to an offense can make a report.
Filing a complaint is possible even when the perpetrator is unknown.
The police or gendarmerie services cannot refuse to register a complaint falling within their jurisdiction.
How to find the competent department
You may contact:
- at the nearest National Police station; ;
- to the locally competent National Gendarmerie brigade; ;
- to the municipal police for missions falling within its jurisdiction; ;
- to emergency services by dialing 17 or 112.
Procedure
- Gather useful documents (identity document, evidence, photographs, testimonies, communications, invoices, etc.).
- Go to a police station or gendarmerie, or use the pre-complaint service when available.
- State the facts precisely.
- File a complaint or make a report.
- Receive a receipt or a copy of the report.
- The case file is forwarded to the public prosecutor.
- An investigation may be opened if the facts warrant it.
How the process works
After filing the complaint:
- the officers collect the statements; ;
- the evidence is examined; ;
- auditions may be conducted; ;
- investigations may be carried out; ;
- The prosecutor decides on the legal proceedings.
The victim may be informed of the progress of the proceedings in accordance with the applicable rules.
Typical timeframes
The delivery times vary greatly depending on:
- the nature of the offense; ;
- the complexity of the investigation; ;
- the necessary investigations; ;
- the burden of the investigative services.
A complaint is generally recorded immediately, but the investigation can last from a few weeks to several months, or even longer for complex cases.
Possible outcomes
At the end of the procedure, several decisions are possible:
- closed without further action ;
- alternative measure to prosecution ;
- opening of a supplementary investigation; ;
- summons of the alleged perpetrator; ;
- immediate appearance when the legal conditions are met; ;
- proceedings before the court of competent jurisdiction; ;
- opening of a judicial investigation.
In the event of a dismissal of the case
If the complaint is dismissed without further action, the victim can notably:
- file a complaint with constitution of civil party when the legal conditions are met; ;
- use a direct quotation in certain cases; ;
- appeal to the Attorney General against certain discontinuance decisions; ;
- initiate a civil action before the competent jurisdiction when the dispute is essentially civil; ;
- use an amicable dispute resolution method if appropriate.
Advantages and limitations
| Benefits | Disadvantages |
|---|---|
| Immediate response in case of emergency | Reserved for criminal offenses |
| Free filing of a complaint | Civil disputes are generally not handled |
| Investigation conducted by specialized services | Investigation times are sometimes long |
| Significant investigative powers | Dismissal without further action possible |
| Protection of victims | No guarantee of prosecution or conviction |
| Possibility of compensation before the courts | Sometimes a long and complex procedure |
Key Texts
- Code of Criminal Procedure, in particular articles 15 to 19 (judicial police), 40, 40-1, 53 and following.
- Penal Code.
- Internal Security Code.
- Law No. 95-73 of January 21, 1995, on Security Policy and Planning (and subsequent texts).
- Articles L.511-1 et seq. of the Internal Security Code (municipal police).