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The legal reasons for a dismissal

The legal reasons for a dismissal

It is not enough to file a complaint in order to initiate legal proceedings, just as this choice is not left to the discretion of the prosecutor.

These are legal reasons which motivate its decision. He can of course change his mind in the event of new facts and as long as the facts are not prescribed, but if he refuses to initiate proceedings, he will render a reasoned decision explaining to the victim why no action has been taken. given to his complaint and the cause of which is necessarily listed below.

  • No offense: It is not enough to claim to be a victim to file a complaint. The facts complained of must constitute a reprehensible criminal offense. Very often certain facts which are however damaging cannot be prosecuted in criminal proceedings but in civil proceedings.
  • Insufficiently characterized offense: In this case, the charges do constitute a criminal offense, but it is not sufficiently characterized to consider prosecution. An element (material or intentional) provided for by the legislator is missing.
  • Unknown author: The facts took place in undetermined circumstances (when, for example, during a fight, the investigation did not make it possible to know precisely the author of the violence)
  • Insufficient evidence
  • Amnesty: the amnesty law having extinguished public action prevents any prosecution.
  • Transaction: The victim obtains compensation
  • Death of the respondent,
  • prescription facts denounced
  • Amendment of the law: the facts are no longer prosecuted
  • Res judicata authority: The charges have already been judged
  • Criminal composition: If the perpetrator of an offense has agreed to submit to a penal composition and respected the obligations imposed on him, in particular those to compensate the victim, this will put an end to the public action.
  • Immunity: They concern diplomats, politicians and the family.
  • Self-defense.
  • Constraint.
  • Force majeure.
  • Irresponsibility of the author established by expertise.
  • Minor implicated whose capacity for discernment is not established.
  • Procedural irregularities: If the case is tainted with a procedural irregularity, it would have no chance of reaching the court which will declare the proceedings null and void.
  • Complainant's default: The victim files a complaint and then loses interest in the legal action. She does not go to the summons of the investigators ...
  • Fault of the victim: If she provoked the acts of violence she would have to complain about.
  • Reparation of the victim: The perpetrator compensates the victim
  • Regularization of the offender: Obtain the authorization of the competent administrative services from the discovery of the offense (building permit, hunting license, etc.).
  • Alternative to prosecution (Article 41-1 of the Code of Criminal Procedure): The respondent is involved in a case liable to prosecution, and which has benefited from an alternative measure to prosecution such as mediation, reminder of the law or the warning. Referral to a health, social or professional structure at the request of the prosecution. The therapeutic injunction measure provided for in Article L.3423-1 of the Public Health Code.

Note: Unlike the penal composition, the law does not envisage the termination of public proceedings in the event of an alternative measure to prosecution. The measure followed by a mediator or the delegate of the prosecutor makes it possible to ensure that the author has complied with his obligations (disinterested in the victim, to restore order, etc.) allowing the case to be closed. Otherwise he will be prosecuted in court.

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