How do I file a police complaint in Tunisia as a foreigner?

Answer by the AvoConsulte editorial team

You can report a crime at a police station or national guard post, or send a written complaint directly to the public prosecutor at the competent court of first instance. Foreigners file complaints the same way as Tunisians. In an emergency, call the police on 197 or the National Guard on 193.

Where to go

• Police or National Guard: they record your statement in an official report and send it to the prosecutor. The police generally cover towns and cities, the National Guard rural areas and small villages.
• The public prosecutor (Procureur de la République): a written complaint filed at the prosecutor's office registry of the court of first instance for the place of the offence, the place where the suspect lives or the place where they were found. The registry gives you a receipt with a number and date.

What to include

• Your identity, passport number and a contact address, including one in Tunisia if possible.
• What happened, when and where, in order.
• Who did it, if you know, or a description.
• Evidence: photos, messages, receipts, a medical certificate if you were injured, and the names of witnesses.

Tips for foreigners

• Ask for an interpreter if you are not comfortable in Arabic or French, and don't sign a statement you have not understood.
• Keep proof that you filed: a stamped copy of your written complaint, or the reference of the police report.
• Contact your embassy or consulate if the matter is serious. It cannot act as your lawyer, but it can usually provide a list of local lawyers.
• If you are leaving Tunisia, a lawyer can usually follow the case for you under a power of attorney.

What happens next

The prosecutor decides whether to have the police investigate, refer the case to an investigating judge, send it to court or close the file. Closing the file is not a judgment, and it can be reopened if new evidence appears. To claim compensation, you can join the case as a civil party. Withdrawing a complaint ends the case only for offences where the law makes a complaint a precondition for prosecution.

For your own situation, consult a criminal lawyer; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code de procédure pénale (loi n° 68-23 du 24 juillet 1968, texte mis à jour) Police and Human Rights Resources (Amnesty International Pays-Bas)
2. دليل إجراءات المحكمة الإبتدائية وزارة العدل – الجمهورية التونسية
3. Getting help - Tunisia travel advice GOV.UK – Foreign, Commonwealth & Development Office