The preliminary complaint is, for certain crimes expressly provided for by law, the condition under which the injured person requests the initiation of criminal prosecution. It is not filed for any act and should not be confused with an ordinary police report or a complaint against a closure of the criminal investigation reached.
When is prior complaint required?
The rule applies only to offenses for which the Criminal Code or a special law explicitly requires the victim to file a complaint. The legal classification may change the answer: two seemingly similar situations may fall under different rules, depending on the act, the consequences, and the relationship between the involved parties. Therefore, check the applicable legal text before assuming that the term or procedure is the same.
The Code of Criminal Procedure stipulates that the preliminary complaint must be addressed to the investigative body or the prosecutor. It usually must contain the victim’s details, a description of the crime, the perpetrator’s identity and known evidence, as well as the signature. If you do not know the identity of the perpetrator, describe the circumstances and evidence that can help in identifying him/her.
The deadline: three months
The legal deadline is three months from the day the injured person learned about the commission of the act. It is not always identical to the date when the incident occurred; what matters is the moment of discovery, and this may need to be proven. Keep the messages, documents, or other items that show when you became aware of the act.
For a minor or a person without capacity, the law establishes special calculation rules related to the moment when the legal representative learns about the act. If the legal representative is actually the perpetrator, the term begins with the appointment of a new legal representative. These situations require verification of documents regarding representation and concrete data.
Where do you deposit it and what do you keep?
File the complaint with the criminal investigation body or with the prosecutor. You can clearly and chronologically describe what happened, when you learned about it, who was involved and what evidence exists. Attach copies of the relevant documents and mention where the evidence that is not in your possession can be found. Request and keep the registration number or the confirmation of dispatch, along with a full copy of the submitted documents.
If the complaint reached a non-competent judicial body within the deadline, the law stipulates that it can be considered valid and sent to the competent body. However, do not rely on this rule as a strategy: the correct address and proof of submission reduce the risk of delays and procedural discussions.
What happens if it is missing or late?
Upon receiving the complaint, the criminal investigation body verifies the compliance with the formal conditions and the deadline. If the complaint was necessary but not properly submitted within the deadline, consequences may arise regarding the possibility of initiating the criminal prosecution. The exact effect depends on the nature of the offense and the situation of the case file.
Consult Criminal Procedure Code, Articles 295–297, and check the law to see if the specific act requires a preliminary complaint. For upcoming deadlines or uncertainties regarding the moment of discovery, request a legal analysis quickly.
Informative article, of general nature. It does not replace the analysis of the concrete situation.