In short.
- The main courante is a French notion. It does not exist in the Swiss CrimPC.
- In Switzerland one distinguishes a report (telling the authority the facts) and a complaint in the sense of art. 30 and 31 SCC, filed under art. 304 CrimPC.
- A mere “we noted it” does not interrupt the three-month limit for offences prosecuted only on complaint.
- Theft is in principle prosecuted ex officio. Property damage (art. 144 SCC) is in principle prosecuted on complaint : the three-month limit may then count.
Where the word comes from
In France, a main courante often means an entry in a station register, without that necessarily amounting to a complaint. In Switzerland there is no legal equivalent under that name. Asking a station for “a main courante” can cause a misunderstanding : an officer may record facts without that sufficing, for some offences, as a complaint in the sense of the Criminal Code.
Report and complaint
The Criminal Code distinguishes offences that the State prosecutes of its own motion (ex officio) and those it prosecutes only if the injured person files a complaint (art. 30 SCC). For the latter, art. 31 SCC sets a three-month limit from the day the entitled person knew the offender. The detail is in How long to file a complaint in Switzerland.
A report means bringing facts to the authority’s knowledge. For theft (art. 139 SCC), prosecuted in principle ex officio, that often suffices to open the criminal path. For damage under art. 144 para. 1 SCC, prosecuted in principle on complaint, the injured person must file a complaint, in time, once the offender is known.
Art. 304 CrimPC states that a complaint is filed in writing or orally with the police, the public prosecutor or the authority for contraventions. It is not an informal “log”. For complaint-only offences, what counts is that a valid complaint reaches the competent authority within the time limit.
What the canton of Vaud says
The canton of Vaud recalls that a written complaint to the public prosecutor must be dated and signed in original. Photocopy, fax and e-mail are not valid for that sending. Competence is that of the place of the facts. See Vaud.
A counter conversation, an e-mail or an internal note do not by themselves replace that requirement when the law requires a complaint. If the three-month limit is close, contact the police or the public prosecutor the same day.
Geneva : a pre-complaint is not a French police log
Geneva offers an online pre-complaint for some thefts, burglaries and property damage. That is not a French main courante. It also does not apply to a registered vehicle, a plate or theft with violence, where the canton tells you to go to a station. See Geneva.
Theft and damage : two calendars
For theft, including a cycle, prosecution is in principle ex officio : the three-month limit in art. 31 SCC usually does not apply (except relatives or an offence of minor importance). For property damage (window, tag, letterbox), the three-month limit may count once you know the offender. An informal record does not stop that clock.
Domestic violence, removal orders and protection measures belong to another framework. They are not the subject of this article : contact the police.
ma-plainte.ch lets you prepare a statement of theft or damage, print it, sign it and send it by post to the authority indicated. It is not the police website, nor a police log, nor a cantonal pre-complaint.
This text outlines the general framework at the date of publication. It is not legal advice and does not replace a lawyer or the instructions of the competent authority. Each situation may differ.
Sources
- Swiss Criminal Code (SR 311.0), art. 30, 31, 139 and 144
- Criminal Procedure Code (SR 312.0), art. 304
- Canton of Vaud, “Comment déposer une plainte pénale”
- Republic and canton of Geneva, “Déposer plainte”