Direct Citation: Taking Someone to Court Without the Prosecutor

When you are the victim of a criminal offence in France, the most common reflex is to file a complaint (plainte) at a police station (commissariat) or gendarmerie. However, it frequently happens that these complaints are closed without further action (classées sans suite) by the public prosecutor, or that the preliminary investigation drags on for many months. Faced with this inertia, French law offers a formidable procedural weapon: the citation directe (direct citation). This mechanism allows the victim to bypass the public prosecutor's office and directly and immediately summon the perpetrator to stand trial before the court.

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What is a Direct Citation? Definition and Legal Framework

A citation directe is a formal writ served by a commissaire de justice (bailiff, formerly known as a huissier de justice) by which a victim (acting as the partie civile, or civil party) or the procureur de la République (public prosecutor) directly summons a defendant (prévenu) to appear before the tribunal correctionnel (criminal court for misdemeanours) or the tribunal de police (police court for minor offences) to be judged.

For the victim, it is a way to bypass the prosecutor's discretionary power to prosecute (opportunité des poursuites). In other words, even if the prosecutor believes it is not appropriate to prosecute, or has not yet made a decision, the victim can force a trial to take place.

The Statutory Foundations in French Law

The existence and procedures of the citation directe are governed by several fundamental articles of the Code de procédure pénale (CPP - French Code of Criminal Procedure):

• Article 388 of the Code de procédure pénale: This article defines the methods of bringing a case before the tribunal correctionnel, which expressly includes the citation directe.
• Article 550 et seq. of the Code de procédure pénale: These texts govern the formal requirements and notification conditions of the citation by the commissaire de justice.
• Article 392-1 of the Code de procédure pénale: This outlines the obligation for the civil party to pay a financial deposit (consignation), failing which the legal action will be declared inadmissible.

Essential Substantive Conditions

To be able to use a citation directe, the victim must strictly meet three cumulative conditions:

1. The identity of the perpetrator must be known: Unlike a standard police complaint, it is impossible to issue a citation directe "against person unknown" (contre X). You must absolutely know the full civil identity and address of the person you are prosecuting.

2. The evidence must already be fully established: A citation directe does not trigger an investigative phase or a police inquiry. It is up to the victim to directly provide proof of the defendant's guilt (bailiff's reports, written witness statements, screenshots, invoices, expert reports). If the evidence is insufficient, the court will acquit (relaxer) the defendant.

3. The nature of the offence: It is only available for contraventions (minor offences tried in the tribunal de police) and délits (misdemeanours tried in the tribunal correctionnel). It is strictly prohibited for crimes (felonies such as murder or rape), which mandatory require a preliminary judicial investigation led by an juge d'instruction (investigating magistrate).

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Practical Steps: Step-by-Step

Initiating a citation directe procedure requires absolute procedural rigor. A single formal error can lead to the nullity of the entire proceedings. Here is the chronological path to follow:

Step 1: Building the Evidence File

Before taking any legal action, gather all evidence proving the offence and your damages. You must draft a precise account of the facts, legally qualify the offence (for example, "public defamation" or "abandonment of family"), and quantify your claims for damages (dommages et intérêts).

Step 2: Drafting the Draft Citation

Although the law does not strictly require the assistance of an avocat (lawyer) for this step, it is highly recommended. The document must contain mandatory information under penalty of nullity:

• The full civil status of the victim (the claimant);
• The identity and contact details of the defendant;
• The precise reference to the statutory laws punishing the offence;
• A detailed account of the alleged facts;
• The location, date, and time of the hearing (coordinated beforehand with the court registry, the greffe).

Step 3: Setting the Hearing Date

You (or your lawyer) must contact the direct citations registry (greffe des citations directes) of the competent court (the court where the offence took place or where the defendant resides) in order to obtain a hearing date, known as the "fixing date" (date de fixation).

Step 4: Service by a Commissaire de Justice

Once the document is drafted and the date is obtained, you must instruct a commissaire de justice (bailiff) with territorial jurisdiction. They will officially serve (signifier) the citation directe to the defendant. This document informs them that they are being prosecuted and must appear in court.

Step 5: Paying the Financial Deposit

After service, during an initial administrative hearing (known as the audience de consignation), the court will set the amount of a financial deposit (consignation) that you must pay to the registry. This sum guarantees the payment of a potential civil fine if your citation is found to be abusive.

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Deadlines, Costs, and Key Figures to Remember

The citation directe is subject to strict financial and temporal rules that the victim must anticipate to prevent their action from being declared inadmissible.

• *Statute of limitations (prescription de l'action publique): You must act before the offence is time-barred. This period is 1 year for contraventions, 6 ans (6 years) for common law délits* (theft, violence, breach of trust), and drops to just 3 months for press offences (defamation, public insult) starting from the day of publication.
• *The summons period (délai de comparution): Between the day the commissaire de justice* delivers the citation to the defendant and the day of the hearing, there must be a minimum period of 10 days if the defendant resides in metropolitan France. This period is increased to 1 month if the defendant resides in French overseas territories (DOM-TOM), and to 2 months if they reside abroad (Article 552 of the CPP).
• *The amount of the deposit (consignation): Set by the judge based on your financial resources, this amount generally varies between 500 € and 2,000 €. You have a strict deadline (usually 30 days) to pay it. If you qualify for legal aid (aide juridictionnelle*), you are exempt from this deposit.
• The cost of the bailiff: Serving the writ by the commissaire de justice generally costs between 80 € and 150 €, costs which you must pay upfront.
• Fine for abusive citation: If the court finds that your citation directe was purely malicious or dilatory, you risk a civil fine of up to 15,000 € (Article 392-1 of the CPP), without prejudice to any damages that the acquitted defendant might claim from you.

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Concrete Examples of Application

To better understand how the citation directe works, here are two practical, quantified scenarios:

Example 1: Non-payment of Alimony/Child Support (Abandonment of Family)

• The situation: Thomas is divorced from Sarah. The divorce decree requires Thomas to pay child support of 400 € per month for their daughter. Thomas has paid nothing for 8 months, accumulating a debt of 3,200 €. Sarah has bank statements proving the absence of transfers and the enforceable divorce decree. Thomas's address is known.
• The procedure: Tired of waiting for the outcome of a standard police complaint, Sarah has a citation directe drafted for the offence of family abandonment (abandon de famille under Article 227-3 of the French Penal Code).
• The figures: Sarah pays 110 € in bailiff fees to serve the citation. The court sets a deposit of 600 € (which she pays). At the hearing, the court orders Thomas to fulfill his obligations, to pay back the 3,200 € in arrears, to pay 1,000 € in damages to Sarah for moral prejudice, as well as to reimburse the 110 € in bailiff fees and Sarah's lawyer fees. Her 600 € deposit is fully refunded.

Example 2: Public Defamation on Social Media

• The situation: Marc, a restaurant owner, notices that a dismissed former employee has posted false accusations on a local Facebook group with 15,000 members, claiming that "the kitchens are infested with rats and the meat is expired." The commercial damage is immediate: Marc records a drop in turnover estimated at 5,000 € for the current month.
• The procedure: Since this is defamation, the statute of limitations is ultra-short (3 months). Marc immediately has a bailiff carry out an internet report (constat d'huissier costing 250 €) to freeze the evidence before the post is deleted, then launches a citation directe.
• The figures: Marc deposits the 1,200 € requested by the court. At the end of the trial, the ex-employee is sentenced to a criminal fine and ordered to pay 4,000 € in damages to Marc to compensate for the reputational and economic damage, in addition to reimbursing the bailiff's report and procedural costs.

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Mistakes to Avoid

The citation directe is a double-edged sword. To prevent your action from backfiring, absolutely avoid these pitfalls:

• Launching a citation without indisputable proof: Remember that the defendant always benefits from the doubt (presumption of innocence). If you do not have written evidence, solid witness statements, or expert reports, the court will acquit (relaxer) the defendant.
• Forgetting to pay the deposit within the deadline: If you do not deposit the sum set by the court with the registry before the deadline, the citation directe is declared null and void and inadmissible. The proceedings stop immediately, and your bailiff fees are lost.
• Getting the legal qualification of the facts wrong: If you qualify facts as "theft" (vol) when they legally constitute a "breach of trust" (abus de confiance), the court will not be able to convict the defendant on your poorly qualified citation, unless a complex reclassification (requalification) occurs at the hearing.
• Neglecting the statute of limitations: Particularly in press law (insults, defamation), the 3-month deadline is relentless. If you launch your citation directe 3 months and 2 days after the facts, the action is permanently time-barred.

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Frequently Asked Questions (FAQ)

Is a lawyer mandatory for a direct citation?

No, the law does not require representation by an avocat before the tribunal correctionnel or tribunal de police for the victim. However, in practice, drafting a citation directe is so highly technical that the assistance of a lawyer is essential to avoid formal defects that would void the procedure.

What happens if the defendant does not show up at the hearing?

If the defendant received the citation directe in person from the commissaire de justice and does not appear at the hearing without a legitimate reason, the court will judge them in their absence. The judgment will be deemed "deemed contradictory to be served" (contradictoire à signifier). However, the defendant will have the right to file an opposition to the judgment under certain conditions to be retried.

Can I use a direct citation if I do not know the perpetrator's address?

No. A citation directe strictly requires you to state the defendant's address so that the commissaire de justice can deliver the writ to them. If you do not know the identity or address of the perpetrator, you must instead file a standard complaint or a complaint with a civil party petition (plainte avec constitution de partie civile) before the dean of the investigating magistrates (doyen des juges d'instruction).

Do I get my deposit back at the end of the trial?

Yes. The deposit is a guarantee. Unless the court rules that your citation directe was abusive, slanderous, or in bad faith, the deposited sum is fully refunded to you at the end of the trial, whether the defendant is convicted or even acquitted (provided your action was brought in good faith).

What is the advantage of a direct citation compared to a complaint with a civil party petition?

Speed. A plainte avec constitution de partie civile refers the case to an investigating magistrate, which opens an investigation that often lasts between 12 and 24 months. A citation directe allows you to obtain a trial hearing generally within 3 to 9 months, depending on how busy the court is.

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Summary

• A legal bypass: The citation directe allows you to bypass the public prosecutor to have the perpetrator of an offence judged directly.
• Indispensable evidence: It requires you to already have all the evidence and to know the identity and address of the perpetrator.
• Procedural rigor: The writ must be drafted with precision and must be officially served by a commissaire de justice.
• An initial financial cost: You must pay the bailiff fees upfront and pay a financial deposit (generally between 500 € and 2,000 €) under penalty of inadmissibility.
• Risk of a fine: In the event of an abusive or malicious procedure, you risk a civil fine of up to 15,000 €.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.