Processing of the Complaint and Police Investigation

After a complaint is filed by a victim, or after a crime is reported, the police investigate to gather evidence and determine whether a crime was committed.

If the police officers gather enough evidence, they can ask the prosecuting attorney to lay charges against the suspect.

A prosecuting attorney is a criminal and penal prosecuting attorney (also known as a Crown prosecutor or Crown attorney) working for the Director of Criminal and Penal Prosecutions (Directeur des poursuites criminelles et pénales, or DPCP).

Prosecuting attorneys receive requests to lay charges and the investigation reports from the police.

They then decide, for each request, whether or not to lay charges on behalf of the Québec state.

If you want to get information about the progress of the police investigation, or give new information to the police, you should contact the investigator who recorded your testimony, or the police station where you made a statement, and provide the relevant file number.

The police can provide information about the investigation if you ask for it. However, they may refuse to provide any information that could harm the progress of the investigation.

Apart from your own statement to the police, you cannot view any other elements in the investigation file.

In general, the police officers interview the person suspected of committing the crime at the end of their investigation, and inform the person of the complaint filed.

However, your statement will be given to the suspect, and to his or her lawyer, only if the prosecuting attorney decides to lay charges.

If no charges are laid, the suspect will not have access to your statement, but it will remain in the police file.

As a crime victim, it may be normal to feel ambivalent or have some questions about your involvement in the criminal justice process. However, you can’t end it on your own.

If you have any concerns about your involvement, do not hesitate to ask the prosecuting attorney in your file. He or she will take the time to answer your questions and concerns. The prosecuting attorney will explain the legal proceedings and the importance of your intervention and participation in it. He or she will check whether you have been subjected to pressure, threats or promises to influence your decision.

If the police officer has referred your case to a prosecuting attorney, only that prosecutor can bring the judicial process to an end.

The police may end their investigation without asking the prosecuting attorney to lay charges.

They will do so if they are unable to show that a crime was committed using all the available information they have gathered, or if it is not possible to identify a suspect.

The investigation may be resumed if the police become aware of new information.

The length of the investigation varies depending on the situation and the complexity of the investigation.