Facing a situation of violence—whether physical, psychological, sexual, or economic—can leave you feeling helpless and facing a crucial question: how do you prove the facts in a French court? In French criminal law, the principle of "free administration of proof" applies, but the medical certificate remains the cornerstone, the key piece of evidence that substantiates the offence and triggers public prosecution. Understanding the role of the doctor, the importance of Incapacité Totale de Travail (ITT - Total Temporary Incapacity), and how to gather other evidence is essential to assert your rights and obtain protection and compensation.
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In French criminal law, the fundamental principle is the freedom of proof, established by *Article 427 of the Code de procédure pénale (Code of Criminal Procedure)*. This means that violence can be proven by any means of evidence subjected to adversarial debate before the judge. Nevertheless, medical evidence carries unparalleled probative value.
The Code pénal (French Criminal Code) punishes violence based on its severity, which is measured primarily by the duration of the Incapacité Totale de Travail (ITT) determined by a doctor.
There is frequent confusion between medical ITT and a standard arrêt de travail (sick leave compensated by the French Social Security).
ITT in the criminal sense is a legal concept assessed by a doctor. It defines the period during which the victim experiences significant impairment in performing the essential acts of daily life (showering, eating, dressing, grocery shopping, sleeping). ITT applies in the exact same way to unemployed individuals, students, children, or retirees. A professional sick leave might be 15 days while the criminal ITT is set at 4 days, or vice versa.
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The certificat médical initial (CMI - initial medical certificate) is the written document drafted by a doctor (general practitioner, emergency room doctor, or specialist) that records the physical injuries and psychological trauma of a victim.
Any doctor of medicine registered with the Ordre des médecins (French Medical Council) is authorised to draft a medical certificate recording violence. The victim can go to:
However, within the framework of legal proceedings, the procureur de la République (public prosecutor) or the police/gendarmerie services often requisition the Unités Médico-Judiciaires (UMJ - Forensic Medical Units). Forensic doctors at the UMJ are specially trained to assess criminal ITT and describe injuries in a standardised format for the courts.
For optimal legal value, the medical certificate must be extremely precise and include:
1. The identity of the doctor and that of the victim;
2. The date and time of the examination;
3. The victim's statements (reported in the indirect style: "The victim reports having been hit..." and not "The victim was hit by their spouse", as the doctor cannot personally attest to the identity of the attacker);
4. A detailed clinical description of the physical injuries (bruises, wounds, fractures, haematomas with their size, colour, and exact location);
5. An assessment of the psychological impact (state of shock, anxiety, insomnia);
6. The determination of the duration of the ITT in days (written in both words and figures).
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If you are a victim of violence, the process of securing your safety and gathering proof must follow methodical steps to ensure the effectiveness of any prosecution.
Your physical safety is the absolute priority. Once out of danger, consult a doctor as quickly as possible. Even in the absence of visible marks (as in the case of strangulation or psychological violence), a medical examination is crucial. Bruises can take 24 to 48 hours to appear, but the initial state of shock must be documented immediately.
Explicitly ask the doctor to draft an initial medical certificate with an assessment of your ITT. Keep the original copy of this document safe. If you go to the emergency room, ensure that the discharge summary explicitly mentions the injuries observed.
The medical certificate must be supported by other pieces of evidence to strengthen your case:
Go to the commissariat de police (police station) or brigade de gendarmerie (gendarmerie station) of your choice. The law obliges them to register your complaint (*Article 15-3 of the Code de procédure pénale***). Hand over a copy of your medical certificate and all the collected evidence. The investigators can refer you to the UMJ for a free forensic assessment if necessary.
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To better understand how evidence, ITT, and legal consequences work together, here are two practical case studies.
> Example: Sarah is violently pushed to the ground by her partner during an argument. She has bruises on her arms and knees, as well as acute anxiety.
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> She goes to the emergency room where the doctor notes the haematomas and sets an ITT of 3 days due to the pain and psychological shock.
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> Although the ITT is under 8 days, the violence was committed by her partner (an aggravating circumstance). The offence is therefore a délit. Sarah files a complaint, providing the medical certificate and photos of her bruises. Her partner is prosecuted in the tribunal correctionnel (criminal court) and faces up to 3 years' imprisonment and a €45,000 fine. The court also awards her €1,200 in damages for her physical and moral injury.
> Example: Thomas is assaulted by a stranger who tries to steal his phone. He is punched in the face, fracturing his nose.
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> The UMJ doctor, requisitioned by the police, notes the fracture and associated breathing difficulties. He sets an ITT of 10 days.
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> Since the ITT is over 8 days, the violence is classified as a délit, even without any aggravating circumstances. The attacker, identified thanks to city CCTV cameras (additional evidence), is put on trial. Thomas, acting as a partie civile (civil party in a criminal case), obtains reimbursement for his out-of-pocket medical expenses, as well as €2,500 in compensation for pretium doloris (pain and suffering, evaluated on a scale of 1 to 7 by an expert).
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A consultation with a GP or at the emergency room to document violence is covered by the French Social Security system under normal conditions. If the examination is requested directly by the police or the justice system (a judicial requisition at the UMJ), the consultation is completely free for the victim, with the costs covered as legal system expenses.
No. The Code of Medical Ethics (*Article R. 4127-76 of the Code de la santé publique (Public Health Code)*) requires doctors to assist victims. A doctor cannot refuse to write a certificate of observation if they observe injuries. They must remain purely factual and objective in their writing.
Yes, absolutely. Psychological violence (moral harassment, repeated humiliation within a couple) is punished by French law. A psychiatrist, psychologist, or general practitioner can evaluate the psychological impact of this violence (post-traumatic stress disorder, depression, sleep disorders) and set an ITT based solely on these psychological grounds.
Police and gendarmerie investigators have technical departments capable of extracting data from damaged phones or recovering deleted messages. Additionally, you can request your call and SMS history (detailed itemised bills) from your telephone operator, which shows the frequency and timing of communications—constituting initial proof of harassment.
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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.