How to press charges against a mugger. [FRANCE]

September 13, 2011

The first step in protecting yourself against physical violence is anticipating and avoiding it.  As most thieves are opportunists, simple rules such as don’t act like a tourist, don’t hang expensive cameras around your neck, and don’t walk down abandoned streets at 2:00 in the morning should avoid most physical aggression.

Unfortunately, no matter how much you can do to avoid dangerous situations, there are people out there who have nothing better to do than look for a fight. If you happen to be in their way, or if you appear to be the easiest target in the vicinity, you must know how to handle the situation afterwards: knowing where to go, what documents to fill-out, how to protect yourself legally….

This is especially important if you’re an expatriate.  Why? Because incorrectly handling the process - such as failing to obtain the proper paperwork for your employer - could cost you your working contract, which would cost you your working visa, which would mean you must return to your home country.

Legislation.

According to article 222-11 and following of the Code Pénal, the penalty for physical violence is determined according to the victim’s age, physical and mental state, vulnerabilty, and especially incapacité totale de travail (ITT) - how much work-time the victim loses in order to recover from the physical attack.

Crimes are classified into three categories:

  • Contravention is the least serious charge with penalties of up to 3,000€ in fines. Charges are handled by the tribunal de police. The attacker receives a contravention sentence if the victim has an ITT of less than 8 days.
  • Délit is the next serious charge with penalties of up to three years imprisonment and 45,000€ in fines. Charges are handled by the tribunal correctionnel. The attacker receives a délit sentence if the victim has an ITT of more than 8 days.
  • Crime is the most serious charge with penalties of up to 10 years imprisonment and 75,000€ in fines and restitution. Charges are handled by the cour d’assises. The attacker receives a crime sentence if the victim has a perminant and/or limiting incapacity such as serious wounds resulting in handicap or even death.

How to navigate the legal process.

1. Porter plainte (press charges) at the Police station (commissariat) or gendarmerie either closest to the location where you were physically attacked or closest to your residence.  This should be done as soon as possible. 

2. Obtain a certificat médical from a doctor.  This medical evaluation officially documents the extent of your wounds, and is used to determine the length of l’incapacité totale de travail (ITT). This certificat médical determines whether your aggressor will be charged with a contravention, a délit, or a crime. For a better recognition before the court of law, SOS-homophobie advises you go to the hospital l’Hôtel-Dieu (urgences médico-judiciaires) Metro: Cité line 4 if you live in Paris, or to a public hospital (CHR, CHU, CHG) if you live outside of Paris.

Even if your attacker escapes unidentified, if you are going to miss days from work because of the physical attack, the doctor will provide you with a certificat médical and an arrêt de travail.  You must give your employer a copy of the arrêt de travail. It is your excuse for any days missed.

3. Gather your (témoins) witnesses. Collect the names and telephone numbers of all witnesses to give to the police.

There are many non-profit associations at your disposal to give you more information and help you through this process, and free legal counsel information is available to you at avocatgratuit.net or conseil-juridique-gratuit.info.

The following numbers should be programmed into your phone for quick access.

  • Police: 17
  • Firemen: 18
  • Ambulance (SAMU): 15
  • SOS Médecin: 01 47 07 77 77
  • SOS Suicide: 01 40 44 46 45
  • SOS Rape: 0 800 05 95 95
  • SOS Lawyers: 0 825 39 33 00
  • Medical Emergency: 01 53 94 94 94

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