A useful criminal complaint describes the facts clearly and reaches the competent body in time. Before drafting it, it checks whether a simple complaint is sufficient or whether the law requires a preliminary complaint, because the latter has a time limit and its own effects.

Criminal complaint, denunciation or preliminary complaint?

In everyday language, „criminal complaint” can mean any form of reporting. However, the Code of Criminal Procedure distinguishes between the complaint of the injured person, the report by which a person informs about a crime, and the preliminary complaint. For crimes for which the law explicitly requires a criminal complaint, the criminal action cannot be initiated without the preliminary complaint of the injured person. Check the classification of the crime and the applicable law before choosing the form of the complaint.

The 3-month deadline for the preliminary complaint

The preliminary complaint must be filed, as a rule, within 3 months from the day the injured person learned about the commission of the act. For minors and persons in the special situations provided for by law, the time from which the term begins may be different.

If the preliminary complaint is filed within the deadline with an incompetent judicial body, the law provides that it can be considered valid and sent to the competent body. The rule does not replace compliance with the deadline. Consult Articles 295–298 of the Code of Criminal Procedure in the consolidated form.

What the referral must contain

It concretely describes what happened, when and where, who was involved if known, what consequences existed and what evidence can be verified. It mentions the witnesses, the writings, messages, photographs or recordings that you have. The Code requires the indication of the perpetrator and the means of evidence if known; the lack of this information should not cause you to delay a report that has a close deadline.

The complaint can be filed in the ways provided by law, including in person, through a special-appointed representative or orally, in which case it is recorded by the receiving body. For the written or electronic form, it complies with the requirements regarding the signature. See Art. 289 and following of the Code of Criminal Procedure.

Mistakes that can affect the process

  • the confusion of the usual complaint with the preliminary complaint when the law requires the latter;
  • submission beyond the applicable deadline;
  • omission of the description of the facts, the approximate date, the place, or the consequences;
  • the submission without the signature or the special mandate required for the specific situation;
  • the withdrawal of the complaint without verifying the effects and the status of the case.

Some irregularities can be clarified or remedied, and others can prevent the initiation or continuation of the procedure. It does not mean that any misaddressing automatically cancels the complaint, nor that a document called a „criminal complaint” meets all the requirements of a preliminary complaint.

What effect does the withdrawal of the complaint have?

The withdrawal of the preliminary complaint can take place until a final decision is rendered, but the effect depends on the offense and the law in force. According to Article 158 of the Criminal Code, the withdrawal has effect only if it is owned by the prosecutor. For the offenses provided for in Articles 193 and 196 committed against a family member, the withdrawal has no effect. Consult The consolidated form of the Criminal Code before making a decision.

Before filing

Make a short chronology, keep the registration number and the proof of transmission, and note the next term. If the 3-month deadline is near or it is not clear whether the act requires a preliminary complaint, request a legal analysis quickly. For information about legal services, see the page services. The framing and deadlines depend on the concrete facts and the current form of the law.