A decree imposes reinforced justification for the dismissal of sexual offense cases

The Official Journal of the French Republic published, in its edition of October 1, 2026 (JORF No. 0229), Decree No. 2026-907 of September 30, 2026, requiring special justification for decisions to dismiss cases involving a felony mentioned in Article 706-47 of the Code of Criminal Procedure. Signed on September 30, 2026, under NOR JUSD2625396D, the text falls under the Ministry of Justice. It supplements Article D. 15-3-2 of the Code of Criminal Procedure, in its third part dedicated to simple decrees.

The decree is part of the continuous strengthening of procedural guarantees recognized for complainants and victims. Until now, the notice of dismissal sent in application of the second paragraph of Article 40-2 of the Code of Criminal Procedure was not subject to any specific justification requirement for the most serious offenses. The new mechanism creates a targeted obligation, limited to the felonies referred to in Article 706-47, and accompanies it with information on the means of appeal.

Individualized and Detailed Justification

The new paragraph added to Article D. 15-3-2 of the Code of Criminal Procedure sets three cumulative requirements:

• the justification must be brought to the attention of the complainant and the identified victim, in application of the second paragraph of Article 40-2;
• it must be individualized and detailed with regard to the nature of the facts and the elements of the proceedings;
• the notice of dismissal must recall the appeal procedures provided for in Article 40-3.

In other words, stereotyped formulas are no longer sufficient: the decision must be explained in light of the specific case file, and not by a general motive.

A Scope Limited to Felonies under Article 706-47

The obligation does not apply to all dismissals, but only when the decision concerns facts relating to one of the felonies mentioned in Article 706-47 of the Code of Criminal Procedure. The decree adopts the wording of the code and therefore targets a perimeter defined by reference, without its own enumeration. Dismissals relating to other offenses retain the previous regime.

Update of References and Execution of the Text

Article 2 of the decree updates the internal references of the code: in I, II, and III of Article D. 603 of the Code of Criminal Procedure, the mention “No. 2026-641 of July 20, 2026” is replaced by “No. 2026-907 of September 30, 2026”. The decree thus substitutes, in these provisions, the text of July 20, 2026, which it replaces by reference.

Article 3 entrusts the execution of the text to the Keeper of the Seals, Minister of Justice, and to the Minister of Overseas Territories, each as it concerns them, and provides for its publication in the Official Journal of the French Republic.

For complainants and victims of sexual offenses, the impact is direct: a decision to dismiss a case must now be explained in a personalized manner, and the notice must indicate how to challenge the decision. The text thus strengthens the traceability and contestability of the prosecutor’s choices in the most sensitive cases.

Decree No. 2026-907 of September 30, 2026, NOR JUSD2625396D, JORF No. 0229 of October 1, 2026.