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 prosecutor to lay charges against the suspect.

A prosecutor 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).

Prosecutors 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 prosecutor 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.

You can withdraw your complaint at any time during the investigation.

The police officer responsible for your case will question you to make sure that your decision was made in a free and informed manner.

For example, the police officer will ask if you have been subjected to pressure or threats, or if promises have been made to influence your decision.

If the police have already transferred the file to a prosecutor, only the prosecutor can decide to halt the judicial process.

At any time, you can contact the police officer or prosecutor responsible for your file to discuss your fears or concerns in connection with your complaint.

Contacting the prosecutor dealing with your case

The police may end their investigation without asking the prosecutor 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.