Questionnaire France

I.16 What decisions may be taken by the prosecution service on a file sent in by the police?

A new sect. 40-1 CCP, introduced by law of March 9, 2004, lists the three possible decisions which might be taken by a district prosecutor when he considers that the case constitutes a criminal offence, committed by an identified person, whose residence is known, and for which no technical ground or legal provision can prevent the public prosecutor from exercising public action: he can initiate prosecution, he can decide alternative proceedings to prosecution (sects. 41-1 and 41-2 CCP), and he can discontinue the case under special circumstances linked to the perpetration of the offence.