INFORMATION ABOUT PRIOR COMPLAINT

 

In the case of certain offences, specifically mentioned, the Criminal Code provides that they may not be punished if the victim does not want and does not submit a complaint with the criminal prosecution body.

For example: Battery or other acts of violence (art. 193 of the Criminal Code); Threats (art. 206 of the Criminal Code); Harassment (art. 208 of the Criminal Code); Rape in non-aggravating forms (art. 218 para. 1 and para. 2 of the Criminal Code); Sexual assault in non-aggravating forms (art. 219 para. 1 of the Criminal Code); Theft between family members (art. 231 of the Criminal Code); Destruction (art. 253 of the Criminal Code).

If the police identifies certain offences and finds that a complaint by the victim is necessary for the respective offences, the victim shall be asked whether they want to submit a complaint. If the victim wants to submit a compliant, the criminal prosecution body continues the investigation and, if the victims does not want to, the facts shall not be punished and the case shall be filed away.

A complaint shall have a certain form and has to be submitted within a certain deadline.

A prior complaint is addressed to the criminal investigation body or to the prosecutor only by the injured person or by an attorney-in-fact (there should be a limited power or attorney, which shall remain attached to the complaint). If it is made in writing, the complaint has to be signed by the injured person or by the attorney-in-fact.

A complaint may also be submitted verbally, and its content shall be recorded in a report written by the person receiving it.

A complaint may also be sent electronically, namely by e-mail, but only if it is certified by electronic signature.

Information which shall be included in the COMPLAINT: name, first name, personal identification number, capacity and domicile of claimant, description of the fact forming the object of the complaint, indicating the perpetrator and the means of evidence.

A prior complaint shall be submitted within 3 months from the day when the injured person found out about the perpetration of the deed. “When the injured person is a minor or an incapacitated person, the term of 3 months shall start running from the date when their legal representative found out about the perpetration of the deed”.

A prior complaint may be withdrawn before the issuance of a final judgement. This situation applies only in the case of the offences for which the initiation of the criminal action is conditional upon the submission of a prior complaint, namely in the case of offences mentioned above. A prior complaint may be withdrawn by the person who submitted it, namely the victim or its legal representative, if it is a person lacking legal capacity, and it shall have the following effect: it shall remove criminal liability of the perpetrator of the offence, so such shall no longer be punished.

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