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Porter plainte


opas

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Can somebody give me simple explanation of what a porte plainte is?

If as an example someone is attacked and makes a statement to that effect with the Gendarmes , do the police automaticaly take it to prosecution or does that person have to Porte Plainte to get the case to go through?

 

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As I understand it, if the person went to or called the Gendarmes and the Gendarmes took a full statement, either in writing or on their computer (and then produced paper copies) that act would be "porte plainte" which would set in train an official process and the procureur would be informed.

This is quite important for people to understand, as in many instances it is the case that Gendarmes will wait for you to say that is what you want to do, obviously depending on how seriously they perceive the situation that they are being presented with.

Chris

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If you call into a police station and make a formal complaint (porte plainte) that you've been attacked, the police will take a statement from you.  If you are beaten up on the street, and the police arrive at the time and take a statement from you whilst you're still bleeding, then the act of making the statement constitutes a formal complaint.  It's the same thing, really.

If that statement and other circumstances (like the presence of blood all over your body) indicates that an offence has been committed, then the police will investigate the matter.  Whether it results in a prosecution depends on whether the police obtain sufficient evidence to charge the culprit.

 

 

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I made a porter plainte to the local gendarmerie regarding a neighbour and they decided to speak to him at work about the problems he caused and not involve his family by them coming to the house. We never heard anymore until we resolved our differences and became friends again and he then told us all about them turning up to take him away in front of his boss and workmates in the big van. When you make a complaint it is for you to stress how far you want to go really and I only wanted a warning giving.
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