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Police brutality Physical violence is severely punished by law. If a sworn person commits such acts, several remedies exist.
What types of violence?
Police brutality They can be of two types: physical, by blows (identity check, placement in police custody for example), or moral, by written or verbal harassment.
The first reflexes
It is necessary to note the lesions suffered by a hospital doctor who will evaluate the ITT (Temporary Interruption of Work). During police custody, you must ask to see a doctor and the presence of a lawyer. Written, dated and signed testimonies will be necessary for the constitution of a complete file. Finally, remember to keep the originals.
How to file a complaint?
Compulsory within three years of the facts. You must address your complaint to the public prosecutor by letter with acknowledgment of receipt. At the end of a period of 3 months, if no follow-up has been given or if the public prosecutor has ordered a classification without follow-up, you have the possibility of seizing the dean of the judges. The complaint must be drafted by a lawyer.
Can my claim succeed?
Yes, if your file is complete and includes medical certificates and testimonials. At the same time, you can contact the National Commission for Security Ethics (CNDS) within one year of the facts, or the General Inspectorate of Services (IGS). Finally, you can also contact the human rights league in the event of racist violence.
What does the attacker risk?
Judged in the criminal court, the author risks 3 years in prison and a fine of 45,000 euros. This sentence can be increased to 5 years’ imprisonment and a fine of 75,000 euros if the violence was committed with aggravating circumstances (racism, homophobia, etc.). This penalty may be accompanied by damages depending on the damage suffered.
Société d’Avocats DAMY , Nice, I have been a victim of police violence, what should I do?, Update 2022
