When, after an investigation opened on the basis of a civil party’s complaint, a decision has been made to dismiss the case, the person under investigation and any other persons referred to in the complaint, and without prejudice to proceedings for slanderous denunciation, may, if they do not take civil action, claim damages from the plaintiff in the forms indicated below.
The action for damages must be brought within three months of the date on which the order to dismiss the case became final. It shall be brought by summons before the criminal court where the case was investigated. The file on the investigation concluded by an order dismissing the case is immediately referred to this court for communication to the parties. The parties, or their counsel, and the public prosecutor are heard. The judgment is handed down in open court.
In the event of a conviction, the court may order the publication of all or part of the judgment in one or more newspapers that it designates, at the expense of the convicted person. It shall set the maximum cost of each publication.
The opposition and the appeal are admissible within the time limits of ordinary law in correctional matters.
The appeal is brought before the correctional appeals chamber ruling in the same form as the court. The decision of the court of appeal may be referred to the Court of Cassation as in criminal cases.
When a final decision rendered pursuant to Article 177-2 has declared that the civil party’s claim was abusive or dilatory, this decision is binding on the criminal court hearing the case under the conditions set out in the previous paragraphs.