Criminal Complaint: When to File It, How to Write It, and What Happens Next?

Domov > Criminal Complaint: When to File It, How to Write It, and What Happens Next?

A suspicion of a criminal offense is a situation in which it is often not just a legal matter, but also a question of the right timing and course of action. Filing a criminal complaint can be an effective tool for bringing conduct that may constitute a criminal offense to the attention of the police or the prosecutor’s office. At the same time, however, not every contentious or unpleasant situation automatically warrants criminal proceedings. In this legal article, we explain when it makes sense to file a criminal complaint, how to distinguish a criminal matter from a civil or commercial dispute, what a well-drafted criminal complaint should include, and where it can be filed. If you are unsure whether filing a criminal complaint is appropriate in your situation, how to prepare it correctly, or how to respond to the actions of the police or the prosecutor’s office, please do not hesitate to contact us. At Highgate, we’ll be happy to provide you with legal assistance in assessing your case and determining the next steps.

What is a criminal complaint?

A criminal complaint is a filing in which you report to the police or the prosecutor’s office facts suggesting that a crime may have been committed. You do not need to know exactly what crime was committed or correctly identify its legal classification. What is most important is that you clearly describe what happened, when it happened, who was involved, what damage or harm was caused, and what evidence you have available. A criminal complaint is filed with the police or the prosecutor’s office. If the complaint is filed by the victim, the authority that receives it must issue a written acknowledgment of receipt. Filing a criminal complaint does not in itself mean that someone will automatically be charged or convicted. It is the first step, on the basis of which law enforcement authorities investigate whether there is suspicion that a crime has been committed and whether there are grounds to initiate criminal proceedings. Simply put, a criminal complaint is a notification to the state that a crime may have been committed and a request to investigate the matter.

What Is a Crime?

A criminal offense is an unlawful act whose elements are specified in the Criminal Code. Simply put, it is not enough that certain behavior appears to someone to be unfair, unethical, or harmful. For an act to constitute a criminal offense, it must be conduct that the law expressly considers criminal. The Criminal Code distinguishes between misdemeanors and felonies. From the perspective of filing a criminal complaint, it is particularly important to note that the complainant does not need to be able to specify exactly what crime has been committed. Therefore, they do not need to correctly identify whether the offense is, for example, fraud, extortion, bodily injury, failure to provide child support, or defamation. The primary role of the person filing a criminal complaint is to describe what happened truthfully, specifically, and clearly. However, not every conflict constitutes a criminal offense. Failure to repay money, an unpaid invoice, a neighborhood dispute, a conflict between partners, or unpleasant communication may, in some cases, be relevant under criminal law, but often they are more likely to be civil, commercial, family, or misdemeanor issues. The specific circumstances are decisive, such as intent, the manner of the act, the resulting damage, the recurrence of the behavior, the consequences for the victim, and the available evidence. Therefore, when considering filing a criminal complaint, it is not enough to simply ask yourself whether it was unfair to you. The more important question is: Do the specific circumstances suggest that a crime may have been committed? It is advisable to assess each situation with the help of a legal advisor and consider whether filing a criminal complaint is the appropriate course of action, or whether it would be more effective to resolve the matter through other legal means, such as a pre-litigation demand, a lawsuit, an out-of-court settlement, or a complaint filed with the competent authority.

When do people most often consider filing a criminal complaint?

People most often consider filing a criminal complaint when they feel that a standard agreement, warning, or civil dispute is no longer sufficient. In practice, this mainly involves situations where damage has occurred, someone feels threatened or harmed, or suspects that another person acted fraudulently or intentionally. However, not every unpleasant or unfair situation is automatically a criminal offense. Therefore, it is important to first determine whether the matter falls under criminal law or is instead a civil, family, employment, school, or neighborhood dispute.

Criminal Complaint for Fraud or Failure to Return Money

A very common situation involves suspicion of fraud, failure to return money, failure to repay a loan, or failure to pay for goods or services. The debt itself does not necessarily constitute a criminal offense. The decisive factor is usually whether the other party acted from the outset with the intent not to return the money or misled you. Therefore, there may be a difference between a simple debt collection matter and a situation where it makes sense to file a criminal complaint for fraud.

Criminal Complaint for Psychological Abuse, Threats, or Domestic Violence

People also often seek information on how to file a criminal complaint for psychological abuse, threats, or prolonged humiliation. These situations can be very sensitive, especially if they occur within a family, a romantic relationship, or between former partners. In such cases, it is important to preserve evidence, such as messages, emails, photographs, medical reports, or contact information for witnesses. At the same time, it is advisable to address the matter as soon as possible, especially if there are concerns about the safety of the victim or children.

Reporting School Bullying to the Police

Bullying at school is a separate issue. Parents often don’t know whether they should first address the matter with the school, the school’s governing body, the school inspectorate, or the police. It depends primarily on the severity of the behavior, its duration, the consequences, and whether there were threats, physical assault, extortion, the publication of sensitive photographs, or other serious conduct. Not every instance of bullying requires filing a criminal complaint, but in more serious cases, criminal proceedings may be appropriate.

Criminal Complaint Against a Neighbor

Neighbor disputes are among the most common reasons why people consider filing a criminal complaint. These may include noise, threats, property damage, harassment, trespassing, or long-standing conflicts. However, it’s important to note that not every neighbor dispute constitutes a criminal offense. Sometimes it may be more appropriate to resolve the matter through the municipality, misdemeanor proceedings, a civil lawsuit, or an out-of-court settlement.

Criminal Complaint for Defamation or Libel

People often consider filing a criminal complaint in cases of slander, defamation, or insults on social media. In practice, it is important to distinguish between an unpleasant opinion, an insult, a false statement, and conduct that may have criminal implications. In cases of damage to one’s reputation, in addition to filing a criminal complaint, civil remedies such as protection of one’s personality rights or protection of a company’s reputation may also be considered.

Criminal complaint for theft, bodily injury, or a traffic accident

Typical examples include theft, physical assault, bodily injury, or a traffic accident. In these situations, it is often important to quickly secure evidence, such as photographs, surveillance footage, medical reports, witness statements, or communications with the other party. The more specifically the circumstances of the case are described in the report, the easier it is to investigate the matter.

Criminal Complaint Against a Police Officer, Bailiff, or Other Public Official

A separate category consists of complaints directed at a police officer, a bailiff, a public official, or any other person exercising public authority. In such cases, it is important to phrase the complaint precisely, objectively, and without unnecessary emotion. If someone feels that a public official has acted unlawfully, filing a criminal complaint is not always the only option. Sometimes a complaint, a request for oversight, a disciplinary complaint, or another legal procedure may be appropriate.

When does it make sense to file a criminal complaint?

It makes sense to file a criminal complaint especially if you have reasonable grounds to suspect that a particular act has gone beyond the scope of a ordinary dispute and may constitute a criminal offense. In practice, this may apply particularly to the following situations:

  • fraud: for example, if someone misled you, withheld essential information, or acted from the outset with the intent to obtain money, goods, or some other benefit from you without any intention of fulfilling their obligations
  • Embezzlement: This typically refers to cases in which someone uses money or property entrusted to them in a manner contrary to the agreed-upon purpose or for their own benefit.
  • Threats: A situation may have criminal implications if someone threatens you with harm to your health or property, or with other serious consequences, and such conduct causes you to have a reasonable fear.
  • blackmail: this can include, for example, situations in which someone forces you to do something, tolerate something, or give something up by threatening to cause you harm
  • Domestic violence: Filing a criminal complaint may be appropriate in cases of physical, psychological, economic, or other coercive behavior within a family or intimate partner relationship, especially if the behavior is repeated or escalating.
  • damage to another person’s property: for example, if someone intentionally damages your car, real estate, business equipment, or other property
  • unauthorized handling of money or property: This may include situations where a person, without authorization, uses another person’s funds, transfers property, withdraws money from an account, or acts in a manner that harms the owner or another authorized person
  • Suspicion of a criminal offense in business or family relationships: Conflicts between business partners, executives, family members, or former partners may also have criminal implications if they involve not merely a disagreement or a property dispute, but, for example, fraudulent conduct, concealment of funds, misappropriation of assets, coercion, or threats.

At the same time, however, not every conflict, broken promise, unpaid invoice, or family dispute is automatically a criminal offense. Some cases fall more appropriately under civil proceedings, commercial disputes, family law, or misdemeanor proceedings. The decisive factor is usually whether it is possible to prove intentional conduct, damage caused, gain obtained, coercion, a threat, or other circumstances that are relevant from a criminal law perspective. At Highgate, we can help you assess whether filing a criminal complaint is appropriate in your situation, how to properly prepare it, and what evidence should be included with it.

When Is Filing a Criminal Complaint Not the Best Course of Action?

Filing a criminal complaint is not the appropriate way to resolve every conflict. In particular, situations such as an unpaid invoice, a routine breach of contract, a business dispute between partners, a disagreement over the division of property, or a family conflict without any signs of a criminal offense do not fall under this category. If there is no suspicion of intentional conduct, fraud, coercion, threats, property damage, or unjust enrichment, a more appropriate solution may be a pre-litigation demand, a lawsuit, an out-of-court settlement, or another civil or commercial legal proceeding. If you are unsure whether filing a criminal complaint or pursuing another legal course of action is appropriate in your case, please do not hesitate to contact us. At Highgate, we will assess your situation and help you choose the solution that is most appropriate from both a legal and practical standpoint.

Where do you file a criminal complaint?

A criminal complaint is most often filed with the police or the prosecutor’s office. In practice, you can file it at any police station or the relevant prosecutor’s office, and the authority that receives the report will, if necessary, forward it to the authority responsible for handling it.

A criminal complaint can be filed in several ways:

  • in writing: for example, by submitting a document in person or by mail, in which you describe what happened, who is involved, what evidence you have, and what you are seeking
  • Verbal statement for the record: You can also file a criminal complaint in person at a police station or the prosecutor’s office, in which case the relevant authority will take a written record of your statement
  • electronically: Under certain conditions, a criminal complaint may also be filed electronically, particularly if the filing is done in the manner required by law, such as with a qualified electronic signature.

When filing a report in writing or electronically, it is important that the report be worded objectively, clearly, and with sufficient detail. You do not need to know the exact legal classification of the crime, but you should describe the facts of the case as clearly as possible: what happened, when, where, who was involved, what damage was caused, and what evidence or witnesses you can identify. If you are unsure where to file a criminal complaint, how to prepare it, or whether it is more appropriate in your case to contact the police, the prosecutor’s office, or pursue another legal course of action, please do not hesitate to contact us. At Highgate, we’ll assess your situation, draft the criminal complaint, and assist you with the next steps after it’s filed.

Who can file a criminal complaint?

Any person who suspects that a crime has been committed may file a criminal complaint. It does not have to be the victim. A report may also be filed by a witness, a family member, an employer, a business partner, or any other person who has learned of the suspected conduct. You do not need a lawyer or even to know exactly what crime has been committed to file a criminal complaint. It is important to describe as clearly as possible what happened, who is involved, and what evidence or information you have available. If you are concerned that the matter will not be properly understood or will be dismissed out of hand, it is advisable to have a lawyer draft the criminal complaint. At Highgate, we will assess your situation, suggest the appropriate course of action, and draft the criminal complaint so that it is factual, clear, and supported by relevant circumstances.

What should a criminal complaint include?

A criminal complaint does not have to be written in complex legal language. The most important thing is to describe the incident specifically, objectively, and chronologically—that is, what happened, in what order, who was involved, and what the consequences were.

A criminal complaint should include, in particular:

  • Who is filing it: Please provide your first name, last name, address, and, if applicable, your phone number or email address so that the police or the prosecutor’s office can contact you
  • Who it is intended for: for example, a specific police unit or the prosecutor’s office, if you know where to send the report
  • Description of the incident: Explain what happened in simple, clear terms. Do not write only about your feelings or opinions; focus primarily on specific events and facts.
  • When and where the incident occurred: provide the date, time, or at least the approximate time period and location where the incident took place
  • Who might be the perpetrator, if known: If you know who you believe committed the offense, please provide their name or at least the available identifying information. If you do not know the perpetrator, simply state this in the report
  • who is the injured party: that is, the person who has suffered damage, harm, or some other negative consequence. This could be you, your company, a family member, or another person;
  • What kind of damage occurred: Describe whether it was financial loss, property damage, bodily injury, a violation of rights, or another consequence. If you can quantify the damage, state the amount.
  • what evidence is available: for example, contracts, invoices, emails, text messages, photographs, surveillance footage, bank statements, or the names of witnesses;
  • List of attachments: If you are attaching documents or other evidence to the notice, please list them at the end in a clear and organized list;
  • Date and signature: When submitting a written request, be sure to include the date it was prepared and sign the notice.

The purpose of a criminal complaint is not to specify the exact section of the law or the legal classification of the offense. That is the role of law enforcement authorities. Your role is to describe the facts of the case as accurately as possible and to attach or identify evidence that may support your claims. If you’re concerned that you won’t be able to draft the criminal complaint with sufficient precision or that important details won’t be properly understood, we at Highgate can help you prepare it.

How can I find out if a criminal complaint has been filed against me?

The mere fact that someone has filed a criminal complaint against you does not mean that you have been charged or that criminal proceedings are automatically being brought against you. A criminal complaint is primarily a request for the police or the prosecutor’s office to investigate whether an act of criminal significance may have occurred at all.

In practice, there is no public database where you can easily check whether someone has filed a criminal complaint against you. What matters most is whether the police or the prosecutor’s office takes action on the matter and whether they contact you in this regard. This could involve, for example, a summons to provide a statement, an interrogation, the delivery of a court order, or another request from law enforcement authorities. Therefore, there is no need to panic just because someone claims to have filed a criminal complaint against you. It is important to monitor whether the police or the prosecutor’s office contacts you and, if so, in what procedural capacity they are requesting your cooperation. If the police summon you, ask for an explanation, or contact you in connection with a suspected criminal offense, you should not underestimate the situation. Even at this stage, it may be important to consult with an attorney so that you understand your rights, know whether and how to testify, and do not say anything that could harm you later.

The Crime of Failure to Report a Crime

If you know or have serious suspicions that a crime has been committed, the question naturally arises as to whether you could get into trouble yourself if you do not report it. The answer depends on the nature of the offense and how reliable your information is. Not every suspicion, rumor, or vague feeling that something is wrong automatically means you’re required to file a criminal complaint. However, the Criminal Code does recognize the crime of failing to report a criminal offense. This applies particularly to situations where a person has credible knowledge that another person has committed a serious crime or a corruption-related offense and, despite this, fails to report it to the police or law enforcement authorities without delay. In practical terms, a problem may arise when the information is not merely a suspicion but specific and serious information about a serious crime. Typically, this could involve, for example, a situation where you learn of corruption, a serious violent crime, or another serious offense and decide to remain silent, even though it would be possible to report the matter. At the same time, the law also provides for exceptions. A person may not be held criminally liable, for example, if reporting the matter would expose themselves or a close relative to serious harm or criminal prosecution, or if it would violate a legally recognized duty of confidentiality. If you are unsure whether you are required to report a particular matter, or if you are concerned that you might get into trouble yourself for failing to act, it is advisable to first seek a legal assessment of the situation. At Highgate, we’ll help you determine whether the matter requires reporting, how to proceed safely, and how to protect your rights.

What evidence should be included with a criminal complaint?

It is advisable to include with the criminal complaint anything that may help the police or the prosecutor’s office investigate the incident and identify the person responsible. The evidence does not have to be perfect or complete; what is important is that it supports the description of events provided in the complaint.

The most common attachments include, in particular:

  • contracts, orders, or amendments,
  • invoices, cash register receipts, and payment confirmations,
  • SMS messages, messages from messaging apps, and emails,
  • photos or screenshots,
  • bank account statements,
  • contact information for witnesses,
  • medical reports or treatment records,
  • audio or video recordings, provided they were obtained and may be used in a lawful manner,
  • internal communication within the company, such as work-related emails, meeting minutes, instructions, or internal memos.

Caution is required when dealing with recordings, private communications, and internal company documents. Not all evidence obtained on one’s own initiative is necessarily admissible, and in some cases, obtaining or disclosing such evidence may cause the whistleblower further legal problems. Therefore, it is advisable to consult with an attorney before submitting such evidence.

What happens after a criminal complaint is filed?

Once a criminal complaint is filed, the matter is not automatically treated as a full-fledged criminal case. The police or the prosecutor’s office first determine whether the complaint raises a suspicion that a crime has been committed.

In practice, it usually works like this:

  • the authority accepts the criminal complaint,
  • determine whether the description of the events indicates that a crime has been committed,
  • If the notification is incomplete, it may request that it be supplemented,
  • may hear the complainant, the victim, or witnesses,
  • may request documents, supporting materials, or other evidence,
  • may dismiss the case if it does not involve a criminal offense or if there are no grounds for further action,
  • may refer the matter to another authority, for example, if it is more a matter of an administrative offense or a disciplinary matter,
  • or criminal proceedings may be initiated.

Simply put, after a report is filed, the state determines whether the matter has criminal implications. If so, criminal proceedings may be initiated. If not, the complainant will receive a decision explaining how the report was handled. If additional information is needed, the police or the prosecutor’s office should proceed in such a way that they can generally make a decision within 30 days of receiving the criminal complaint. However, this deadline does not mean that the entire matter will be resolved within 30 days or that the perpetrator will be punished. It primarily involves an initial assessment of the report and a decision on whether to proceed with the case. If criminal prosecution begins, the subsequent proceedings may take longer. This depends on the complexity of the case, the amount of evidence, the need for interrogations, expert opinions, or cooperation with other authorities.

Can a criminal complaint be dismissed?

Yes. Filing a criminal complaint does not automatically mean that the police will initiate criminal proceedings. Law enforcement authorities first assess whether the complaint and the accompanying evidence indicate that a crime has been committed. If they conclude that no crime has been committed, that the matter falls under the jurisdiction of another agency, or that the conditions for further criminal proceedings have not been met, they may reject the criminal complaint, dismiss the case, or refer it to another competent authority. However, the rejection of a criminal complaint does not necessarily mean that the client’s claim or problem does not exist. Often, it simply means that, in the police’s view, the specific matter does not have a criminal dimension, or that the evidence submitted is not yet sufficient to initiate criminal prosecution.

What should you do if the police refuse to file a criminal complaint?

First and foremost, it is necessary to examine the reasons why the complaint was rejected. The key factors are whether the police correctly assessed the case from a legal standpoint, whether they addressed all the relevant facts, and whether they overlooked any important evidence.

After a criminal complaint has been dismissed, it is particularly advisable to:

  • review the grounds for the decision,
  • to assess whether the police’s conclusions are correct,
  • to verify whether the police took all the evidence presented into account,
  • consider filing a complaint against the resolution,
  • to provide additional evidence or clarify the facts of the case,
  • consider whether civil, commercial, labor, or another legal proceeding is more appropriate.

A complaint against a denial must be addressed promptly, as the statutory deadline is usually short. Therefore, we recommend not putting off the decision but consulting with an attorney as soon as possible. In practice, it often turns out that even if a case is not suitable for criminal proceedings, the client may have other options for protection, such as a claim for payment, damages, protection of personality rights, an employment-related claim, or other legal remedies depending on the nature of the case.

Am I at risk if I file a criminal complaint?

As a general rule, if a person files a criminal complaint in good faith and based on facts that they can describe or at least substantiate, the act of filing the complaint itself does not pose a problem for them. The complainant does not need to be certain that a specific crime has been committed. That is the role of the police and the prosecutor’s office. What is important is that the complainant truthfully describe what they believe happened, when it happened, who is involved, and what evidence or witnesses they have available. A risk arises particularly if someone knowingly provides false information with the intent to cause another person to be prosecuted. In such a case, this may constitute the crime of false accusation under Section 345 of the Criminal Code. In other words, there is a difference between a person contacting the police in good faith because they suspect a crime has been committed, and intentionally and falsely accusing someone in order to harm them. If you are unsure whether to file a criminal complaint or whether you have sufficient evidence, it is advisable to consult with an attorney before filing. A properly prepared criminal complaint can reduce the risk of misunderstandings and, at the same time, increase the likelihood that the police will deal with the matter objectively.

Do I need a lawyer to file a criminal complaint?

You can file a criminal complaint even without a lawyer. The law does not require a law firm to prepare it for you. In simpler cases, where the facts are clear and you have basic evidence available, filing the complaint on your own may be sufficient.

However, an attorney can be particularly helpful when the case is more complex, involves substantial damages, a dispute between business owners, a sensitive family conflict, domestic violence, economic crime, or a situation where there is also a risk of retaliation from the other party.

Professional assistance is also advisable if you are unsure whether filing a criminal complaint might have broader legal or business consequences for you, your company, your family members, or your property or assets at home or abroad. In some cases, an improperly worded criminal complaint may unnecessarily provoke further litigation, undermine your negotiating position, or raise issues that go beyond the criminal proceedings themselves.

A lawyer can help, in particular, to ensure that a criminal complaint is factual, clear, supported by evidence, and legally sound. They can also assess whether filing a criminal complaint is truly the most appropriate course of action, or whether it would be more effective to resolve the matter through civil, commercial, labor, or other legal channels.

At the Highgate Law Firm, we help clients assess not only the decision to file a criminal complaint, but also its potential consequences for their personal, business, and financial situations. This is particularly important in disputes among business partners, commercial conflicts, suspected economic crimes, sensitive family matters, or cases that may affect property and assets in Slovakia and abroad.

If you are unsure how to draft a criminal complaint or whether filing one is safe and strategically advisable for you, we recommend that you first consult with an attorney.

How can Highgate help you?

At Highgate, we can review your situation during a paid consultation and assess whether filing a criminal complaint is the appropriate course of action. When filing a criminal complaint, it is important not only to describe what happened, but also to properly evaluate the evidence, legal risks, and potential consequences for you, your business, or your property.

We can help you, in particular, with the following situations:

  • Assessing Whether to File a Criminal Complaint: We will evaluate whether the matter has a criminal dimension or whether it is more appropriate to address it through a civil lawsuit, commercial proceedings, labor law, tax law, or other means.
  • Criminal Complaint for Fraud: We can help assess cases involving misrepresentation, solicitation of money, failure to return investments, false promises, fictitious transactions, or other conduct that has caused financial or property damage to a client.
  • Criminal Complaints in Business or Commercial Disputes: We handle situations involving partners, business partners, executives, investors, or suppliers where the question arises as to whether the matter is still a commercial dispute or has already become a potential criminal case.
  • Embezzlement or unauthorized use of company assets: We can help if you suspect that someone has improperly used company funds, assets, documents, know-how, the client database, or other entrusted assets.
  • Fake invoices, fictitious transactions, and suspicious payments: we’ll review supporting documents, invoices, contracts, bank statements, accounting records, and other documents to determine whether the matter warrants a criminal complaint, poses a tax risk, or gives rise to a commercial claim.
  • Economic Crime and Financial Losses: We provide assistance in cases involving suspected fraud, embezzlement, document forgery, insider trading, harm to creditors, investor fraud, or other acts with financial implications.
  • Cryptocurrency, Investments, and Digital Assets: Given our experience providing legal, tax, and accounting advice in the field of cryptoassets, we can also assist with suspected investment fraud, problematic token projects, wallet misuse, unclear transactions, or disputes between investors and projects.
  • Protection of corporate and private assets: In sensitive cases, we also assess whether filing a criminal complaint could affect business operations, assets, holding structure, assets in Slovakia or abroad, relationships among partners, family assets, or ongoing business negotiations.
  • Disputes among partners and family-owned businesses: We provide assistance in situations where business, family relationships, business ownership, and financial risks intersect. In such cases, it is important to consider whether filing a criminal complaint will help or might unnecessarily escalate the conflict.
  • Supplementing a criminal complaint: If the police request additional information or if the original complaint was not sufficiently detailed, we will help you supplement the factual description, evidence, timeline, documents, and legal arguments.
  • Appeal Against the Rejection of a Criminal Complaint: If the police reject the case, we can review the reasons for the rejection, assess whether their conclusions are correct, and prepare an appeal or propose further legal action.
  • Representing the Victim in Criminal Proceedings: If criminal proceedings are initiated, we can assist our client by representing them as the victim, pursuing a claim for damages, communicating with law enforcement and prosecuting authorities, and protecting their rights.
  • Evaluation of evidence prior to filing: We will review contracts, invoices, emails, text messages, internal communications, bank statements, photographs, recordings, accounting documents, or other evidence, and we will assess what is appropriate to include and what may be legally sensitive.
  • Developing a strategy before filing a criminal complaint: In more complex cases, simply “filing a complaint” is not enough. It is important to know what the client is seeking to achieve, what evidence they have, what the risks of a counterclaim are, whether there are parallel civil or commercial claims, and how filing the complaint might affect further negotiations.

The purpose of a consultation at Highgate is not to recommend filing a criminal complaint at any cost. The goal is to choose a course of action that is legally sound for the client, supported by evidence, and strategically appropriate given the client’s personal, business, and financial circumstances.

Frequently Asked Questions About Filing a Criminal Complaint

Can I file a criminal complaint online?

Yes, a criminal complaint can also be filed electronically, provided that the conditions for electronic communication with public authorities are met. In practice, this usually means filing the complaint via an electronic mailbox and signing it with a qualified electronic signature. For simpler matters, electronic filing may be sufficient. However, in sensitive, evidence-intensive, or urgent cases, it may be more practical to file a criminal complaint in writing or in person so that you have confirmation of its receipt and can accurately document what you have submitted.

Can I file a criminal complaint anonymously?

In principle, a criminal complaint should not be anonymous. If you are the victim or the complainant, it is advisable to provide your contact information so that the police or the prosecutor’s office can contact you, interview you, and, if necessary, ask you to provide additional evidence. In practice, an anonymous report may be investigated, particularly if it contains specific and verifiable facts. However, if the report does not include the reporter’s information, it may be more difficult to investigate the matter, and the reporter does not have the same control over how the report is handled. If you fear retaliation or the disclosure of your identity, it is advisable to consult with an attorney about a safe course of action.

How much does it cost to file a criminal complaint?

Filing a criminal complaint with the police or the prosecutor’s office does not incur a court fee. Therefore, you do not pay a fee to the state for filing a criminal complaint, as you would with some civil lawsuits. Costs may arise if you have a criminal complaint drafted, reviewed, or discussed with an attorney. In more complex cases, however, such consultation can be useful, as it helps ensure that the factual description, evidence, and legal strategy are properly formulated.

What if the police refuse to file a criminal complaint?

If the police refuse to file a criminal complaint, this does not automatically mean the case is definitively lost. First, it is necessary to examine the reasons for the refusal and assess whether the police have considered all relevant circumstances and evidence. In some cases, it may be appropriate to file a complaint, supplement the evidence, or submit a new, better-prepared filing. In other cases, it may be more effective to pursue a civil, commercial, labor, or other legal course of action.

Can I file a criminal complaint against an unknown perpetrator?

Yes. You can file a criminal complaint even if you do not know who committed the offense. In that case, it is important to describe as accurately as possible what happened, when it happened, where it happened, what damage was caused, and what evidence you have available. You can state in the report that the perpetrator is unknown. It is then the police’s responsibility to investigate the incident and determine who may be responsible.

Am I at risk of punishment if my criminal complaint is not substantiated?

Not automatically. The fact that the police ultimately do not initiate criminal proceedings or that the suspicion is not confirmed does not mean that the person who filed the report committed any illegal act. The risk arises mainly when someone knowingly provides false information with the intent to have another person prosecuted. In such a case, it may constitute a false accusation. If you act in good faith, describe the matter truthfully, and base your report on information that you can explain or substantiate, filing a criminal complaint generally does not pose a problem.

Is it appropriate to file a criminal complaint for an unpaid invoice?

Not always. An unpaid invoice in and of itself often gives rise to a civil or commercial dispute, which is resolved through a demand for payment, a lawsuit, a payment order, or enforcement proceedings.

A criminal aspect may arise, for example, if there was fraudulent intent at the time the transaction was concluded, the other party had no intention of paying from the outset, used false information, misrepresented the facts, or deliberately obtained goods, services, or money under false pretenses. In the case of unpaid invoices, it is therefore important to distinguish whether this is a simple breach of contract or a possible case of fraud.

Can I withdraw my criminal complaint?

A criminal complaint is not the same as a civil lawsuit. Once filed, the case is reviewed by law enforcement authorities in accordance with the law, and the complainant may no longer have full control over the subsequent proceedings. In some cases, the consent of the victim or their subsequent stance may be significant, but this always depends on the specific crime and the circumstances of the case. If you are considering withdrawing a criminal complaint, it is advisable to first consult with a professional to understand the potential legal consequences.

Where can I file a criminal complaint?

You can file a criminal complaint with the police or the prosecutor’s office. In practice, people most often file it at the nearest police station—in writing by mail, in person at the reception desk, or electronically, provided they meet the requirements for electronic filing. If you submit your report to an authority that does not have jurisdiction, in many cases the matter will be referred to the authority that is responsible for handling it.

What must a criminal complaint include?

A criminal complaint should, above all, include a clear description of the incident. It is important to state what happened, when it happened, where it happened, who was harmed, who might have committed the act, and what damage was caused.

If you have any evidence, it is advisable to label it or attach it. This may include, for example, contracts, invoices, emails, text messages, photographs, bank statements, internal communications, medical reports, or contact information for witnesses.

Do I have to cite a specific section of the law in my criminal complaint?

No. As a reporter, you do not need to know exactly what crime was committed or which section of the law applies. Your role is to describe the incident truthfully and clearly and to provide any available evidence.

Legal assessment is the responsibility of the police and the prosecutor’s office. In more complex cases, however, an attorney can help draft a report so that it is factual, supported by evidence, and legally sound.

How long does it take to investigate a criminal complaint?

The initial review of a criminal complaint may take several weeks. If the complaint needs to be supplemented, the police or the prosecutor’s office may request additional documentation, interview the complainant or witnesses, and gather further evidence. The timeframe for an initial decision may vary depending on whether the case is straightforward or involves more complex circumstances, such as multiple pieces of evidence, individuals, companies, or an international element. The criminal proceedings themselves, if initiated, may take considerably longer.

Can I add to the criminal complaint at a later date?

Yes. If, after filing a criminal complaint, you obtain additional evidence or recall important details, you can supplement the complaint at a later date. The supplement can take the form of a written submission, the submission of additional documents, or a statement. It is advisable to indicate which criminal complaint the supplement relates to and to organize the new evidence clearly, for example, in chronological order.

Can I file a criminal complaint on behalf of someone else?

Yes, a person who has not been directly harmed may also file a criminal complaint if they become aware of facts indicating that a crime has been committed. In the report, it is advisable to state where you obtained the information, who is involved in the case, and what evidence or witnesses you can identify. If someone else is the victim, the police may contact and interview that person later.

Will I receive confirmation that a criminal complaint has been filed?

When submitting a request in person or verbally, it is advisable to ask for a confirmation or a copy of the minutes. When submitting a written request by mail, it is practical to send the notice by certified mail or with a “to be delivered in person” designation so that you have proof of delivery. When filing electronically, keep the confirmation of submission and delivery. In a disputed or sensitive matter, the confirmation of filing may be important for further communication with the police, the prosecutor’s office, or an attorney.

Will I be questioned after filing a criminal complaint?

This can happen. The police or the prosecutor’s office may summon you if they need to obtain additional information, clarify any ambiguities, or verify evidence. During questioning, it is important to speak truthfully and objectively, and to stick to what you know. If the matter is sensitive or involves legal risks, it is advisable to consult with an attorney before the questioning.

Can I claim damages in criminal proceedings?

Yes, the injured party may file a claim for damages in criminal proceedings. In practice, it is important to quantify the damages as precisely as possible and to support the claim with documentation, such as invoices, contracts, bank statements, expert opinions, or other supporting documents. If the damages are more complex or related to business activities, it is recommended to prepare the calculation of damages carefully. An incorrect or insufficiently documented claim may later complicate its enforcement.

What is the difference between a criminal complaint and a lawsuit?

The purpose of a criminal complaint is to have the state investigate whether a crime has been committed. The purpose of a lawsuit in civil or commercial proceedings is primarily to enable a person to enforce their claim, such as payment of a debt, compensation for damages, or a declaration of rights. Not every breach of contract constitutes a criminal offense. In commercial disputes, cases of unpaid invoices, or conflicts between business partners, it is therefore important to choose the correct course of action.

Is it better to file a criminal complaint or a civil lawsuit?

It depends on the situation. If the matter primarily involves debt collection or compensation for damages, a civil or commercial lawsuit may often be more appropriate. However, if there is suspicion of fraud, embezzlement, document forgery, or another criminal offense, filing a criminal complaint may be warranted.

Sometimes both approaches are combined. However, it is important to consider the client’s objective, what evidence they have, what the risks are, and whether the other party might use the criminal complaint as an argument that it is merely a means of coercion in a commercial dispute.

Can I file a criminal complaint for fraud?

Yes, if you suspect that someone has misled you or taken advantage of your mistake in order to obtain money, property, a service, or some other benefit, this may be a situation warranting a criminal complaint for fraud. Typically, this may involve fraudulent investments, extortion, fictitious transactions, false promises, the withholding of material information, or conduct in which the other party had no intention from the outset of fulfilling what they promised.

Is it possible to file a criminal complaint in cases of online fraud?

Yes. When dealing with online scams, it’s important to act quickly and preserve evidence. This may include communications with the perpetrator, screenshots, account numbers, payment confirmations, email headers, links to profiles, phone numbers, cryptocurrency wallet addresses, or other digital traces. If a payment has been made, it’s a good idea to contact your bank or payment service provider as soon as possible. With cryptocurrencies, it’s important to save wallet addresses, transaction hashes, and communications with individuals or platforms.

What should I do if I only have a suspicion, but no certainty?

You can file a criminal complaint even if you are not entirely certain that a crime has been committed. It is not the complainant’s role to determine the legal classification of the offense or to replace the investigation. It is important to clearly distinguish facts from assumptions. In your report, specify what you can substantiate, what you personally saw or experienced, and what is merely your suspicion. Making this distinction reduces the risk of inaccuracies and makes the report more credible.

Should I contact the other party before filing a criminal complaint?

Not always. In commercial or civil disputes, it may be appropriate to contact the other party. However, when criminal activity is suspected, contacting the other party may lead to the destruction of evidence, coercion, retaliation, or a strategic defense. If the matter is sensitive, involves significant damages, a business dispute, domestic violence, economic crime, or the risk of a counterattack, it is advisable to first consult with an attorney regarding your strategy.

Do I need a lawyer to file a criminal complaint?

No, you can file a criminal complaint even without a lawyer. In simple cases, this may be entirely sufficient. However, a lawyer is particularly advisable in more complex matters, cases involving significant damages, business disputes, economic crimes, sensitive family conflicts, domestic violence, online fraud, or situations where filing a criminal complaint may have an impact on you, your business, or your property or assets both at home and abroad.

In conclusion

Filing a criminal complaint can be an important step in protecting your rights, property, or business. However, it is not always the best solution, and not every instance of damage, unpaid invoice, or business dispute automatically constitutes a criminal offense. Before filing a criminal complaint, it is therefore advisable to take a strategic look at the matter: what happened, what evidence you have available, what outcome you want to achieve, and what risks filing a complaint may pose to you, your company, or your assets both at home and abroad. At the Highgate Law Firm, we help clients assess whether filing a criminal complaint is the appropriate course of action, prepare a well-drafted and evidence-based complaint, supplement a complaint that has already been filed, file an appeal against the dismissal of a case, or represent the victim in criminal proceedings. Our experience in commercial law, taxes, accounting, asset protection, economic crime, cryptoassets, and international structures allows us to view a case not only from a criminal law perspective but also more broadly in terms of business, assets, reputation, and other legal consequences. If you are unsure whether to file a criminal complaint, how to properly draft it, or what course of action is safest for you, you can turn to Highgate. During a paid consultation, we will review the facts of the case, the evidence, the risks, and possible alternatives with you, and recommend a solution tailored to your situation.

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