The law punishes racism and discrimination in all their forms: insulting or defamatory remarks (both words which are said or written), physical assaults, incitement to hatred, different and unfavourable treatment of a person compared to others.

Racist remarks are prohibited and punished by the law of July 29, 1881.

1- Racist remarks done in public

When they are said or written publicly, there will be severe penalties. Racist remarks are considered to be done in public when they have been intentionally expressed to a large number of people, for example: during a public demonstration, in the media, in a book, on the Internet or on social networks.

2- Racist slurs

Racist slurs are defined as any outrageous expression, terms of contempt or invective which does not include the imputation of any fact by reason of their origin, their belonging or their non-belonging to an ethnic group, a nation, a race or a specific religion.

When the racist slur is not done in public, the perpetrator incurs a fine of 1,500 €.

When the racist slur is done in public, the perpetrator incurs 6 months of imprisonment and a fine of € 22,500.

3- Racial defamation

Racist defamation is any allegation or imputation of a fact which harms the honour or the consideration of a person or a group of persons because of their origin to an ethnicity, nation, race or religion. When the racist defamation is not done in public, its perpetrator incurs a fine of 1,500 €. When the racist defamation is public, its perpetrator faces one year's imprisonment and a fine of € 45,000.

4- Incitement to hatred, violence or discrimination

This crime is characterized when words, written or oral, encourage hatred, violence or discrimination against a person or a group of people on the basis of their origin or whether or not they belong to an ethnicity, nation, race or religion.

When the incitement to hatred, violence or discrimination is not in public, its perpetrator incurs a fine of € 1,500.

When the incitement to hatred, violence or discrimination is in public, its perpetrator faces one year imprisonment and a fine of € 45,000.

The law also penalises acts of racism when racism was the motivation of the action. Hence, racism becomes an aggravating circumstance of the crime. For example: physical attacks due to the origin or ethnicity of the victim.

When racism is considered as an aggravating circumstance, the penalty for the crime is much serious, up to doubling the years of imprisonment.

Discrimination is a different notion from racism: not every act of racism is necessarily an act of discrimination and vice versa. Discrimination can be defined as the different and unfavourable treatment of one person compared to other people when in the same situation.

For discrimination to be characterized, three elements must be present: - unfavourable treatment when compared to another person in the same situation - Due to a criterion, defined by law (for example: origin, sex, age, sexual orientation, family name, mental health, disability, etc.) - which results in an action: a refusal to rent a building, a refusal to sell a property, a dismissal, a refusal to recruit, a refusal of promotion ...

Discrimination is a concept that can take many forms and present in different areas of the law (labour law, criminal law, civil service law, etc.) so that filing a complaint is not the only way to assert your rights. Thus, when you face discrimination, do not hesitate to contact a legal professional who will be able to advise you on the procedure adapted to your situation and to refer the matter to the competent authorities.

Q5.1- Who can file a complaint?

Anyone who is victim of a crime can file a complaint, regardless of their age or nationality.

Q5.2- What is a complaint for?

The complaint allows the opening of an investigation in order to find the perpetrator of the crime and to sanction him. Without a complaint, the relevant authorities are not aware of the crime that you have been victim of.

Please note: filing a complaint alone is not enough for the law to condemn the perpetrator of a crime to compensate the victim. In addition to filing a complaint, the complainant must become a civil lawsuit.

Q5.3- When to file a complaint?

It is recommended that you file a complaint as soon as you have become aware of the crime. As a reminder, the law provides for limitation periods depending on the seriousness of the crime: - 1 year for fines, - 6 years for felonies, - 30 years for crimes.

There are also special limitation periods for certain different types of felonies. To avoid any complications, we advise you to file a complaint as soon as you become aware of the crime. Each case being unique, we also recommend you to be accompanied by a legal professional.

In case of physical aggression, the police or judicial authorities will ask you to get officially examined by the UMJ (Unité Médico-Judiciaire). This procedure allows for the gathering of evidence necessary for the investigation, as well as applying first-aid and possibly determining if you can be declared as unfit for work (Incapacité Totale de Travail, also known as ITT).

Q5.4- How to file a complaint?

a. On site, at the police station or the gendarmerie: the police or gendarmerie services are obliged by law to register the complaint. It is then sent to the Public Prosecutor who will decide on the next steps to be taken.

b. Online, at https://www.pre-plainte-en-ligne.gouv.fr for crimes: property damage (theft, damage) or discrimination.

c. By mail directly to the Public Prosecutor: send a simple or registered letter to the Judicial Court where the crime has taken place or the place of residence of the perpetrator. The letter must specify the following: - civil status and contact details of the person filing the complaint (address, phone number, email) - a detailed account of the events, the date and the place of the crime - if possible, the name and contact details of the perpetrator - if possible, the name and contact details of any witnesses to the crime - if possible, the description and estimation of the damage as well as the complainant's willingness to become part of a civil lawsuit.

Filing a complaint at the police station, the gendarmerie or in the hands of the Public Prosecutor is free.

Q5.5- What will happen after a complaint has been filed?

After a complaint has been filed, there will be an investigation to characterize the offense and identify its perpetrator. At the end of the investigation, the Public Prosecutor can:

- dismiss the case - bring the perpetrator to trial - refer an examining magistrate when the case is complex. For the victim to be compensated, he must be part of a civil lawsuit. He can do so until the day of the trial. The mere filing of a complaint does not allow him to seek compensation for his damage.