When the complaint with civil party status is lodged by a lawyer, it may be sent to the investigating judge by electronic means of communication in accordance with the procedures set out in Article D. 591, where the provisions of this article are applicable following the protocol entered into by the heads of the court and the bar association.
In accordance with the provisions of the second paragraph of Article 85, a person who claims to have been injured by an offence, other than those provided for by the law of 29 July 1881 on freedom of the press or by articles L. 86, L. 87, L. 91 to L. 100, L. 102 to L. 104, L. 106 to L. 108 and L. 113 of the Electoral Code, must, on pain of inadmissibility, attach to his complaint with civil party status:
-either a copy of the simple complaint lodged with the public prosecutor or a criminal investigation department, together with a copy of the notice of discontinuance of proceedings sent in return by that public prosecutor;
-or a copy of this complaint (addressed to the public prosecutor’s office or the criminal investigation department) together with a copy of the receipt for delivery of this complaint to the public prosecutor or of a registered letter sent with acknowledgement of receipt to this magistrate, provided that this receipt or the date of the acknowledgement of receipt of the registered letter is at least three months old.
When the complaint with civil action is sent to the investigating judge by electronic means of communication, the documents provided for by the two preceding paragraphs shall be attached in the form of digitised files.
Where these documents are not attached, the examining magistrate will issue an order declaring the civil party complaint inadmissible. This order is notified to the person by registered letter or to their lawyer in accordance with the procedures set out in article 803-1.
If this is not the case, the judge communicates the complaint to the public prosecutor in accordance with the provisions of article 86 after having, unless the person has obtained legal aid or has been exempted from the deposit, set the amount of the deposit and noted that it has been paid within the prescribed period.
The person may appeal against the order of inadmissibility provided for by this article, in accordance with the provisions of the second paragraph of article 186, without prejudice to his ability to regularise his complaint by submitting the documents required above or to lodge a new complaint with civil party status at a later date after fulfilling the conditions set out in Article 85.