{"id":6904,"date":"2026-04-09T09:32:35","date_gmt":"2026-04-09T09:32:35","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6904"},"modified":"2026-10-31T12:24:32","modified_gmt":"2026-10-31T12:24:32","slug":"the-criminal-complaint-contains-frequent-errors-that-make-it-useless","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/plangerea-penala-greseli-frecvente-care-o-fac-inutila\/","title":{"rendered":"Criminal complaint: term, content and mistakes to avoid"},"content":{"rendered":"

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.<\/p>\n

Criminal complaint, denunciation or preliminary complaint?<\/h2>\n

In everyday language, \u201ecriminal complaint\u201d 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.<\/p>\n

The 3-month deadline for the preliminary complaint<\/h2>\n

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.<\/p>\n

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\u2013298 of the Code of Criminal Procedure in the consolidated form<\/a>.<\/p>\n

What the referral must contain<\/h2>\n

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.<\/p>\n

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<\/a>.<\/p>\n

Mistakes that can affect the process<\/h2>\n