The fact that someone has filed a complaint against you does not prove that you have committed a crime. A complaint is verified through evidence, and the solution depends on the facts and the status of the case. At the same time, the mere fact that the case is classified or that the accusation is not confirmed does not automatically mean that the author of the complaint committed a crime.
What a false criminal complaint can mean
The Criminal Code punishes the misleading of judicial authorities when a person reports a criminal act or attributes it to a person, knowing that the report is untrue. The important element is knowledge of the falsity; a false accusation, a different interpretation of the facts, or a report that is not confirmed are not, by themselves, sufficient.
False testimony is a distinct offense, which concerns statements made by a person questioned as a witness about essential circumstances. Not every false statement in a complaint is „false testimony.” The classification depends on the person’s status, the specific act, and the evidence.
What to do if you are targeted in a case
- Keep the citation, messages, documents, and any other relevant materials; make a timeline of dates and people.
- Check what capacity you are called upon to serve. The rights differ depending on the procedural status and the stage of the case.
- Talk to a lawyer before the hearing and ask for clarification about the specific charge and the documents you are entitled to access.
- Do not delete or modify documents and do not try to influence the person who filed the report or other witnesses.
- He/She answers to subpoenas and respects deadlines. He/She supports the defenses through facts and evidence, not just by concluding that the accusation is unfair.
The suspect and the defendant benefit from the presumption of innocence and have procedural rights, including the right to an attorney and the right not to testify. The exercise of these rights must be discussed in relation to the case file and the recommendation of the attorney.
When you can request the verification of a false report
If you have concrete evidence that a person intentionally reported a fact they knew did not occur or that you did not commit it, preserve the evidence and ask a qualified person to evaluate the situation. Do not make accusations of retaliation just because you were investigated or because the case ended in favor of the accused: the authorities separately analyze the elements of the crime and evidence regarding intent.
A criminal complaint can be closure of the criminal investigation as admissible when one of the cases provided for by the Code of Criminal Procedure occurs; if referral to court has been ordered, the court may render the decision provided for by law based on the evidence. None of these solutions automatically establishes the criminal liability of the person who filed the complaint.
Legal sources
See Criminal Code, articles 268 and 273, and Code of Criminal Procedure, Art. 16. For support in a criminal case, consult the page legal assistance in criminal matters.
The information is general. The solution and procedural steps depend on the documents in the case file, the procedural procedural status and the applicable deadlines.
