How to File a Police Complaint in Tunisia: Step by Step
Topic: Court procedures
How to file a police complaint in Tunisia: police station or prosecutor, what to write, evidence, next steps, claiming damages and withdrawing it.
To report a crime in Tunisia, you can go to any police or national guard station, which writes up a report and sends it to the prosecutor's office, or you can send a written complaint directly to the public prosecutor at the competent court of first instance, through the prosecutor's office registry. You don't need a lawyer, but a clear complaint backed by evidence is far more likely to be followed up. If you are in immediate danger, call the police on 197 or the national guard on 193. Police station or prosecutor: where to file your complaint Each route has its advantages: Police or national guard station: the fastest option for recent events or anything needing urgent action, such as an assault, a theft or threats. Officers take your statement, write up a report and inform the prosecutor's office. Written complaint to the public prosecutor: better for cases that need explaining and supporting documents, such as fraud, breach of trust or forgery. You hand it in at the prosecutor's office registry at the court of first instance, which records it and gives you a receipt showing its number and date; the prosecutor then decides where to send it. Either way, ask for proof that your complaint was received: the report number, or a copy of your complaint stamped by the registry. Without it, following up is hard. Which court is competent? In principle, the complaint goes to the public prosecutor at the court of first instance for the place where the offence happened, where the suspect lives or last lived, or where they were found. For online or remote fraud, the right place is less obvious, and a lawyer can point you to the most suitable prosecutor's office. Fraud, assault and other offences: gather your evidence A complaint is only as strong as its evidence. Before filing: keep originals and attach copies: contracts, invoices, transfer receipts, cheques, bank statements; save messages and chats with the date and the number or account visible, and don't delete anything; after an assault, see a doctor or go to A&E and ask for an initial medical certificate describing your injuries; write down the names and contact details of any witnesses; write out what happened, in order, while you still remember it clearly. What to write in a complaint to the prosecutor There is no official form, but a good complaint follows this structure: Addressee: "To the Public Prosecutor at the Court of First Instance of …". In practice, complaints are written in Arabic or French. You: full name, ID card or passport number, address, phone number. The person you are complaining about , if known; otherwise, a complaint "against person or persons unknown". The facts: what happened, in date order, with places and the harm you suffered, in short sentences. Evidence and witnesses: a list of attached documents and witnesses. Your request: that an investigation be opened and the offender prosecuted, reserving your right to join the case as a civil party. Date, signature and a list of attachments. Stick to the facts and don't accuse anyone without grounds: making a false accusation is itself a criminal offence. What happens after you file? The prosecutor decides what to do with the complaint. The main options are to: instruct the judicial police (police or national guard) to investigate and interview the parties; refer the case to an investigating judge, which is compulsory for the most serious offences (crimes); send the suspect directly to trial; propose criminal mediation for minor offences and certain intermediate offences listed by law; if the settlement is fully carried out on time, the prosecution ends; close the file without further action if the facts are not an offence or the evidence is insufficient. Closing the file is not a judgment. It can be reopened as long as the case is not time-barred, especially if new evidence comes to light. You usually follow up at the prosecutor's office, using the number on your receipt, or with the station handling the investigation. Joining the case as a civil party A complaint informs the prosecutor of an offence. Joining the case as a civil party (partie civile, القيام بالحق الشخصي) makes you a party to the proceedings so you can claim compensation for your loss, such as getting your money back or damages for an injury. It also lets you follow the case closely and make your requests to the court. In some cases, if the prosecutor closes the file, the victim can start the prosecution themselves, at their own risk, by joining as a civil party before an investigating judge or by summoning the suspect directly before the court, depending on the offence. It is a technical step with conditions and risks, best handled by a lawyer. Can I withdraw a complaint? You can always say that you wish to withdraw, but as a rule this does not stop the prosecution : criminal proceedings belong to society and are brought by the prosecutor. Withdrawal only ends the proceedings for offences where the law makes a complaint a precondition for prosecution. Before signing a withdrawal, especially in exchange for a financial settlement, ask a lawyer what effect it will really have. Frequently asked questions Do I need a lawyer to file a complaint? No, you can file it yourself. A lawyer is valuable for complex cases or to join the case as a civil party. If money is tight, see our guide on legal aid. Is there a deadline for filing? Yes. Prosecution becomes time-barred after a period that depends on the category of offence. Don't wait, and ask a lawyer which time limit applies to you. As a foreigner, how do I report a crime in Tunisia? The same way: at a police or national guard station, or in writing to the prosecutor. Ask for an interpreter if you need one, keep a copy of the report, and let your embassy or consulate know if the matter is serious. If you have already left Tunisia, you can usually act through a lawyer holding a power of attorney. What happens to a complaint against an unknown person? The investigation tries to identify who did it. If they cannot be identified, the file may be closed for the time being and reopened if new information appears. When should you talk to a lawyer? A lawyer makes a real difference especially when: the fraud involves large sums or several victims; your complaint has been closed and you want to keep going; you want to join the case as a civil party and claim compensation; the other side offers a settlement or asks you to withdraw; you live outside Tunisia. The site's directory lets you find a lawyer registered with the ONAT (the Tunisian bar) in your city who handles criminal cases. This article gives general information and does not replace advice from a lawyer who looks at your own situation.
Sources
- 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)
- دليل إجراءات المحكمة الإبتدائية وزارة العدل – الجمهورية التونسية
- Getting help - Tunisia travel advice GOV.UK – Foreign, Commonwealth & Development Office
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