“We must put an end to the hazard of filing a complaint”

Their platform: “On September 23, 2021, the testimony of a young woman alerted to the shortcomings observed in the handling of complaints for sexual violence. Since that day, the hashtag Double Peine has flooded social networks, inciting thousands of victims to express themselves on the way in which they were received in the police stations. In the exercise of our profession, we are daily witnesses to shortcomings at the investigation stage, which in fine will harm the smooth running of the criminal trial. In many police stations, staff are trained in sexual violence and carry out their duties with competence, patience and empathy, but there are still cases where the care of victims is inadequate and encourages them to abandon the legal fight.

These revelations oblige us, lawyers, to recall certain principles enshrined in the Code of Criminal Procedure and above all to call for a change in the law for greater clarity, in order to improve the conditions of care for victims.

The Code of Criminal Procedure provides that the police are required to receive complaints lodged by victims of offences. However, many are those whose complaint is not received. And when it is, it is sometimes with a long wait, awkward remarks or the impossibility of being immediately examined by the medico-judicial units.

However, for victims of sexual violence, the hours following the attack are decisive. No one can deny that the time elapsed between the commission of the facts and the presentation before the police has consequences for the withering away of evidence, starting with the gynecological examination of the victim, which will be of no value. if it is not done in time.

The speed with which a complaint is received clearly constitutes, through the evidence it allows to gather, the guarantee of a fair trial, both for the civil parties and for the defence.

The Code of Criminal Procedure does not expressly establish the right to be assisted by a lawyer when filing a complaint. It only refers to the possibility for the victim to be accompanied by his legal representative or the adult of his choice.

The Ministry of Justice, in 2019, itself came out in favor of the presence of the lawyer. However, it is common that, when he comes to the police station to accompany his client, he is prevented from attending the hearing.

The imprecision of the texts leads to a form of arbitrariness with regard to the assistance of the lawyer, whereas this is essential for the legal support and the psychological support that he provides to the victim.

The first virtues expected of a law are that it be clear and precise. Thus, the ambiguity presented by these texts must be put to an end, by formally enshrining the right of victims to be assisted by a lawyer, as soon as a complaint is filed.

The sum of the testimonies that have appeared in recent weeks should give rise to immediate national awareness. We expect the public authorities to clarify the texts and implement them in such a way as to guarantee the effective care of the victims.”

The petitioners :

Karen Noblinski, Lawyer at the Paris Bar

Rachel-Flore Pardo, Lawyer at the Paris Bar

Marie-Aimée Peyron, Lawyer at the Paris Bar, Former President of the Paris Bar

Dominique Attias, Lawyer at the Paris Bar, Former Vice-President of the Bar Association

Sélim Brihi, Lawyer at the Paris Bar, President of the Criminal Justice Observatory

Laurence Krief, Lawyer at the Paris Bar, Member of the Council of the Order of the Paris Bar

Eric Morain, Lawyer at the Paris Bar

Roman Leibovici, Lawyer at the Paris Bar

Elena Sos, Lawyer at the Hauts-de-Seine Bar

Clotilde Lepetit, Lawyer at the Paris Bar

Laure Heinich, Lawyer at the Paris Bar

Thomas Ricard, Lawyer at the Paris Bar

Karine Bourdié, Lawyer at the Paris Bar

Patrick Klugman, Lawyer at the Paris Bar

Nicolas Castel, Lawyer at the Bar of Versailles

Salomé Cohen, Lawyer at the Paris Bar

Anne-Sophie Laguens, Lawyer at the Paris Bar

Charline Coffignal, Lawyer at the Paris Bar

Marie Alexandrine Bardinet, Lawyer at the Paris Bar

Dorothée Bisaccia-Bernstein, Lawyer at the Paris Bar

Zoé Royaux, Lawyer at the Paris Bar

Matthieu N’kaoua, Lawyer at the Nantes Bar

Sophie de Penfentenyo, Lawyer at the Paris Bar

Mélodie Drissi, Lawyer at the Paris Bar

Floriane Obadia, Lawyer at the Essonne Bar

William Word Lawyer at the Paris Bar

Martin Pradel, Lawyer at the Paris Bar

Stéphanie Cohen, Lawyer at the Paris Bar

Josselin Guillon, Lawyer at the Paris Bar

Laure Fitoussi, Lawyer at the Strasbourg Bar

Juliette Michel d’Annoville, Lawyer at the Paris Bar

Elsa Chetrit, Lawyer at the Paris Bar

Julia Nioré, Lawyer at the Paris Bar.

Muriel Ouaknine Melki, Lawyer at the Paris Bar

Séphora Perez, Lawyer at the Paris Bar

Simon Martin-Gousset, Lawyer at the Paris Bar

Raphaël Baudat, Lawyer at the Paris Bar

Chloé Romagné, Lawyer at the Paris Bar

Rebecca Lahoud-Heilbronner, Lawyer at the Paris Bar

Baptiste de Fresse de Monval, Lawyer at the Paris Bar.

Catalina Ramirez Palau, Lawyer at the Paris Bar

Laurence Dauxin-Nedelec, Lawyer at the Paris Bar

Antoine Cadeo de Iturbide, Lawyer at the Paris Bar

Nathalie Makowski, Lawyer at the Paris Bar

Camille Chaker, Lawyer at the Paris Bar

Pauline Rongier, lawyer at the Paris Bar

Constance Dewavrin, Lawyer at the Paris Bar

Clarissa Teixeira, Lawyer at the Paris Bar

Caroline Yadan Pesah, Lawyer at the Paris Bar

Benjamin Mathieu, Lawyer at the Paris Bar

Clara Steg, Lawyer at the Paris Bar

Coralie Ouazana, Lawyer at the Paris Bar

Isabelle Thomas Werner, Lawyer at the Paris Bar

Elodie Jean, lawyer at the Paris Bar

Bachir Belkaid, lawyer at the Montpellier Bar

Maeva Zwirn, lawyer at the Paris Bar

Elie Cohen, Lawyer at the Essonne Bar

Oudy Ch. Bloch, Lawyer at the Bars of Paris and New York

Roselyne Hu, lawyer at the Hauts-de-Seine bar

Gauthier Lecocq, Lawyer at the Paris Bar

Stephane Maugendre, lawyer at the Seine-Saint-Denis Bar

Sarah Saldmann, Lawyer at the Paris Bar

Andréa Assor-Doukhan, Lawyer at the Paris Bar

Audric Dupuis, Lawyer at the Paris Bar

David Libeskind, Lawyer at the Paris Bar

Rusen Aytaç, lawyer at the Paris Bar

Mbaye-Yacine Thiam, Lawyer at the Paris Bar

Lina Belkora Lawyer at the Paris Bar

Antoinette Frety, Lawyer at the Paris Bar

Edmond Frety, Lawyer at the Paris Bar

Laurence Levy, Lawyer at the Paris Bar

Valentine Tessier, Lawyer at the Paris Bar

Corinne Matouk, Lawyer at the Paris Bar

Juliette Savie, Lawyer at the Paris Bar

Cécilia Calvez, Lawyer at the Paris Bar

Sofia Bougrine, Lawyer at the Paris Bar

Iris Le Flour, Lawyer at the Paris Bar

Valentine Reberioux, Lawyer at the Paris Bar

Louise Bouchain, Lawyer at the Paris Bar

Lotfi Benkanoun, Lawyer at the Paris Bar

Sandra Ammar, Lawyer at the Paris Bar

Estelle Levy, Lawyer at the Paris Bar

Avi Bitton, Lawyer at the Paris Bar

Virginie Benmayor, Lawyer at the Paris Bar

Julie February, Lawyer at the Seine Bar

Coralie Binder, Lawyer at the Paris Bar

Stanislas Darrois, Lawyer at the Paris Bar

Elwin Bauchart, Lawyer at the Paris Bar

Mahé Giraux, Lawyer at the Paris Bar

Stéphanie Mouci, Lawyer at the Bar of Versailles

Florence Rouas, Lawyer at the Paris Bar

Margaret Bojczy Cerf, Lawyer at the Paris Bar

Corinna Kerfant, Lawyer at the Bar of Versailles

Laurent Simeray, Lawyer at the Paris Bar

Laure Denervaux, Lawyer at the Paris Bar

Helena Christidis, Lawyer at the Paris Bar

Agathe de Marcillac, Lawyer at the Paris Bar

Olivier Pardo, Lawyer at the Paris Bar

Matthieu Boissavy, lawyer at the Paris Bar

Daphne Pugliesi, Lawyer at the Paris Bar

Sophie Soubiran, Lawyer at the Paris Bar

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