Criminal complaint
Copyright infringement is a criminal offense. Filing a complaint is free, requires no lawyer, and can trigger an official investigation.
When to use this remedy
A criminal complaint is useful when other remedies have failed or are insufficient, or when the severity of the situation justifies it from the outset.
Use a criminal complaint when:
- A cease and desist was ignored or rejected
- The infringement is serious, persistent, or economically significant
- You want to trigger an official investigation rather than carrying everything yourself
- You want a formalized pressure lever, even if your main goal is a civil settlement
- The infringer is identified and their intent was clearly deliberate (cases where the intentional element will be easy to prove)
- The infringement involves professional businesses (for whom courts sometimes presume intentionality)
A criminal complaint is also the prerequisite for a civil party complaint (plainte avec constitution de partie civile) if the simple complaint is dismissed.
How to proceed
Three filing methods, all legally valid. Choose the one that fits your situation.
Prepare your evidence file before going to the station or sending your letter. Gather: your ETcH proof of prior authorship (ZIP + Etherscan link), dated screenshots of the infringement, exact URLs, date of first observation, and any element establishing the infringer's deliberate intent (prior correspondence, an ignored cease and desist, etc.).
Choose your filing method. Three valid options: in person at any police station or gendarmerie brigade (Art. 15-3 CPP — the judicial police officer is required to receive your complaint regardless of your place of residence or where the offense occurred); by tracked letter (LRAR) directly to the public prosecutor at the tribunal judiciaire of the place of the offense or the offender's domicile (Art. 40 CPP); online on the official national police website (since October 2024, Art. 15-3-1 CPP) — only when the author is unidentified.
Describe the facts precisely. Your statement or letter must include: your complete identity, the infringer's identity if known (or "X" if unknown), the precise description of the infringement (date of discovery, nature of the harm, media and URLs involved), the criminal qualification — infringement under Articles L.335-2 and L.335-3 of the Code de la propriété intellectuelle — and your proof of prior authorship.
Get your receipt. After the hearing, the officer must provide a receipt and, on request, a copy of the report (procès-verbal). Always ask for them — these are your proof of filing.
Wait for the prosecutor's decision. After receiving the complaint, the prosecutor may: dismiss it (for lack of evidence or a sufficiently established offense), order alternative measures (formal warning, mediation), refer the case to the tribunal correctionnel, or open a judicial investigation for complex cases.
If dismissed or no response within 3 months, you may file a plainte avec constitution de partie civile with the senior examining judge (Art. 85 CPP), which forces the opening of a judicial investigation. This procedure generally requires a deposit (consignation) set by the judge based on your resources.
Cost and expected timeline
Cost
Free
Average timeline
Months
Success rate
Low to moderate
Lawyer required
Not mandatory, recommended
Filing a complaint is free (source: justice.fr). The time between filing and the prosecutor's decision ranges from a few weeks to several months depending on caseload. Dismissal rates are high in economic matters, but a well-documented file significantly improves the chances of action being taken.
What proof to provide
A criminal complaint carries an additional requirement compared to civil action: beyond the material facts, you must allow investigators to establish intentional conduct (Art. 121-3 al. 1 of the French Criminal Code — there is no offense without criminal intent).
In practice, this means:
- Proving your creation predates the copy — which the ETcH anchoring establishes with an opposable, publicly verifiable date
- Proving the material reality of the copy — dated screenshots, URLs, records
- Building a cluster of evidence of deliberate intent — an ignored cease and desist, correspondence showing the infringer knew your work, a professional context where ignorance of your creation is implausible
This is precisely what you attach to your complaint:
- The ETcH proof ZIP (or its session hash and corresponding Etherscan link)
- The proof manifest listing the hashed files
- Dated screenshots and URLs of the infringement
- The cease and desist sent and its acknowledgment of receipt (if applicable — it constitutes direct evidence of intentionality)
- Any element establishing that the infringer had knowledge of your work before the copy
Elements to include in the complaint
Your complaint or statement must contain:
- Your complete contact information (name, address, email, phone)
- The infringer's identity if known, or "X" if unknown
- A precise description of the facts: date of discovery, nature of the infringement, URLs and media involved
- The criminal qualification: "These facts constitute copyright infringement under Articles L.335-2 and L.335-3 of the Code de la propriété intellectuelle" (carrying up to 3 years imprisonment and €300,000 in fines)
- Your evidence: ETcH proof ZIP, transaction hash, Etherscan link, dated screenshots
- If applicable: the ignored cease and desist and its acknowledgment of receipt
- An explicit request to be constituted as civil party (partie civile) if you wish to claim damages within the criminal proceedings
Be factual and precise. Describe facts, not indignation. Prosecutors handle heavy caseloads — a clear, well-structured account significantly improves the chances of attention.
Going further
Official and practical resources for filing your complaint:
An IP specialist lawyer can help you structure the file, draft the complaint, and represent you if the case proceeds to the tribunal correctionnel. For serious cases, legal representation significantly improves the chances of a positive outcome.
Limits of this remedy
A criminal complaint is a valid remedy, but comes with specific requirements.
- Criminal intent must be established: unlike civil copyright action, criminal prosecution requires proving the infringer acted knowingly (Art. 121-3 al. 1 of the French Criminal Code). If the copy could plausibly be explained by coincidence or ignorance, civil action is often more effective
- Dismissal rates are high in economic matters — especially without solid evidence. The prosecutor has full discretion over whether to pursue
- Statute of limitations: 6 years at criminal level from the day the offense was committed (Art. 8 CPP, Act no. 2017-242 of February 27, 2017). 5 years at civil level (Art. 2224 C. civ. for copyright)
- The complaint does not automatically result in damages. To seek compensation within criminal proceedings, you must be constituted as civil party. A parallel or subsequent civil action remains possible
- You lose control of the procedure: once the complaint is filed, it's the prosecutor who decides on the outcome. You cannot "withdraw" a criminal complaint for an offense
- The procedure can be lengthy: from a few months to several years if the case goes to the tribunal correctionnel
In these cases, consider direct civil action before the competent tribunal judiciaire, or the simplified small claims procedure for smaller disputes.