How do I submit a criminal complaint? Can a criminal complaint be filed against me? Obtain a template criminal complaint.
Updated: 4 days ago
In the Romanian legal system, a criminal complaint serves as an official mechanism by which citizens can report crimes to the appropriate authorities. This action initiates the investigative and prosecutorial processes, potentially leading to the accountability of those responsible for committing the crimes.
It is crucial that the criminal complaint is accurately drafted and adheres to the procedural rules set forth by the Code of Criminal Procedure.
1. What is a criminal complaint?
A criminal complaint is an official notification made by an individual or legal entity to the criminal investigation authorities about the commission of a possible offense against them. The person filing the complaint believes they have suffered damage or harm as a result of the act they deem an offense. Filing a criminal complaint initiates the process in front of the criminal investigation authorities, who are required to register and resolve the complaint.
2. Do I need to personally file the criminal complaint?
A criminal complaint can be filed by the injured party personally or by their representatives (through a representative with a special power of attorney, concluded at a notary or through a lawyer's power of attorney).
3. Can I file a criminal complaint if I am not the victim of the offense?
You can notify the criminal investigation authorities about the commission of an offense that did not directly harm you. This type of notification is called a "denunciation." The denunciation is another formal method by which you can inform the criminal investigation body about the commission of an offense. The distinction between a notification and a criminal complaint is more theoretical, important for legal practitioners, and as a non-specialist individual or entity, you will not suffer adverse consequences if you are unaware of these theoretical considerations.
4. Do I become part of the process if I make a denunciation?
No, the denouncer informs the criminal investigation authorities of the commission of an offense that has not directly affected them and therefore does not become part of the criminal process. However, the denouncer can still be called as a witness to relay to the prosecutor or judge about the events they are aware of.
Read more about trials and court complaints.
5. Can I file a criminal complaint for an offense not committed on Romanian territory?
Yes, if the complaint is filed by a Romanian citizen, foreigner, or stateless person residing in Romania and it reports an offense committed on the territory of another EU member state, the Romanian judicial authority is obliged to accept and forward the complaint to the competent authority in the state where the offense occurred.
6. Is a criminal complaint different from a preliminary complaint?
Yes, the preliminary complaint is different from the criminal complaint or denunciation. There are certain offenses where the law leaves it to the victim to decide whether or not they should be sanctioned. If the victim decides they want these offenses investigated and sanctioned, they will file a preliminary complaint. Otherwise, they may choose not to file a preliminary complaint.
7. For what offenses is a preliminary complaint necessary?
Filing a preliminary complaint is mandatory when the law explicitly requires it. Well-known offenses requiring a preliminary complaint include assault or other violence, threats, harassment, rape, home invasion, destruction, family abandonment, and non-compliance with measures regarding the custody of minors. This list is illustrative, and there are other offenses for which a preliminary complaint is necessary.
8. Can I file a criminal complaint or make an anonymous denunciation?
You can, but it risks not being considered. In the case of anonymous complaints or denunciations, the criminal investigation authorities may decide to initiate an investigation if they believe they have sufficient information about the commission of an offense, but this is not mandatory.
9. Am I obligated to file a criminal complaint or denunciation if I become aware of an offense being committed?
As a rule, individuals or legal entities have no obligation to file a criminal complaint or denunciation when they learn about the commission of a possible offense. Notifying the criminal investigation authorities through a criminal complaint or denunciation is a discretionary action, generally depending on the motives of each private person. However, there are exceptional cases where you have a duty to report certain offenses. These situations are explicitly provided by law either because the offenses committed are of increased gravity or because certain categories of professionals, by virtue of their activities, have a duty to contribute to the correct application of the law and the prevention of offenses.
10. What happens if I file a false criminal complaint or denunciation?
Filing a false criminal complaint or denunciation creates legal consequences for the criminal investigation authorities. State resources will be allocated for registering and processing the criminal complaint or denunciation, and the facts will be investigated. Furthermore, there can be negative consequences for the person you indicate as guilty of committing the offense, especially if they are summoned by the police or prosecutors to give statements. In other words, filing a criminal complaint or denunciation is not a game or a means for revenge. For this reason, the Criminal Code penalizes the filing of a false criminal complaint or denunciation as a criminal offense. Misleading judicial bodies is the offense that punishes the filing of a false criminal complaint or false denunciation, if the person making it knows they are false. The penalty can be up to 3 years in prison or a fine.
11. What happens if I file a criminal complaint or denunciation for an act that is not an offense?
It is not your duty to determine whether an act is or is not an offense. Only judges have the right to decide, in the end, whether the conditions for criminal liability for committing an offense are met. Therefore, nothing will happen to you if the act you report turns out not to be an offense, as long as you have made the report in good faith. However, if you intentionally file a false criminal complaint or a false denunciation, you may be subject to criminal liability (see the previous question).
12. Where is the criminal complaint filed?
The criminal complaint can be filed directly at the police station within whose territorial jurisdiction the offense was committed or at the prosecutor's office attached to the competent court to judge the case. It is essential that the complaint be officially registered. If you do not know the place of commission of the offense, you can file the criminal complaint at the police or prosecutor's office within whose territorial jurisdiction the perpetrator's domicile/residence is located or at your place of domicile if you do not know where the alleged perpetrator resides. You can file the complaint by mail/courier or even online, by email, or on the official platform of the Romanian Police, in the dedicated section.
13. What happens if I file the criminal complaint with an incompetent body?
A criminal complaint filed with an incompetent body or court will be redirected ex officio, administratively, to the body empowered to investigate it. The consequences can be reflected in the duration of the procedure, which will be extended by the time necessary for redirection. In any case, the criminal complaint should not be dismissed or neglected just because it was filed incorrectly.
14. How is a criminal complaint formulated?
We recommend that the criminal complaint be formulated in writing, under the signature of the petitioner or the designated representative. If the criminal complaint is made in writing and lacks the petitioner's signature, the complaint will be returned administratively to cover this irregularity. In the case of non-compliance by the injured party, the criminal complaint can be classified as an anonymous denunciation, and the criminal investigation authorities can take notice of it on their own initiative. The criminal complaint can also be formulated verbally, in front of the criminal investigation authorities. In this case, the criminal complaint will be summarized in a written record, which will be signed by the person who made the criminal complaint.
15. What content does a criminal complaint contain?
The criminal complaint must include:
the identification data of the petitioner: name, surname, personal numerical code, quality and domicile, or, for legal entities, the name, headquarters, unique registration code, tax identification code, registration number in the trade register or registration in the register of legal persons, and the bank account, indication of the legal or conventional representative.
a description of the act that forms the subject of the complaint. It is not necessary to legally classify the act as a certain offense, but it is sufficient to describe the chronology of events.
indication of the perpetrator, if known.
relevant evidence indicating the commission of the offense, if known.
16. What follows after filing the criminal complaint?
After filing the complaint, the police or the prosecutor's office will evaluate the information and decide on the initiation of criminal prosecution. This process may include hearings, the collection of new evidence, and expert opinions. If the complaint is considered well-founded, it may lead to the formulation of an indictment and the referral of the case to trial.
17. Can I file a criminal complaint if I do not speak Romanian?
A person who does not know or understand Romanian has the right to file the complaint in a language they speak. At the time of filing the complaint, they may request that, upon receipt of a summons, a translation of it be provided.
18. What is the role of a lawyer in formulating and following up on a criminal complaint?
Consulting a lawyer specialized in criminal law can significantly increase the chances that the complaint will be taken into consideration and treated with the seriousness it deserves. The lawyer can help in correctly formulating the complaint, presenting the necessary evidence, and representing and defending the client's rights throughout the criminal process.
19. Against whom can a criminal complaint be filed?
A criminal complaint can be filed against any person about whom there are reasonable suspicions that they have committed an offense. There are no specific restrictions regarding the persons against whom a complaint can be filed, as long as there are elements that support the accusation of an offense.
20. What happens if a criminal complaint is filed against me?
If a criminal complaint is filed against you, the police and prosecutor will evaluate the accusations to decide if there is sufficient evidence to indicate the commission of an offense. If you have done nothing wrong and there are no indications that you have committed an offense, the criminal complaint filed against you will not affect you. Moreover, if the petitioner has filed a false criminal complaint with the sole intention of harming you, they may be subject to criminal liability.
21. Who is a suspect?
In common language, the term "suspect" is often used informally to describe a person considered to be possibly responsible for committing an offense, based on preliminary clues or assumptions. It is not necessarily required that these assumptions be supported by concrete evidence, and the use of the term does not imply a formal legal procedure. According to criminal law, the suspect is the person regarding whom, from the existing data and evidence in the case, there arises a reasonable suspicion that they have committed an act provided for by the criminal law.
22. Who is the accused?
When there is evidence from which there are reasonable grounds to believe that a person has committed an offense, criminal action can be initiated. This means that the prosecutor decides that the investigation should continue concerning the person indicated as responsible for committing the offense, who becomes the accused. The accused is the physical or legal person (Romanian or foreign) against whom criminal action has been initiated. The accused is a party in the criminal process both during the criminal investigation and in the preliminary chamber or trial phase, being the passive subject of both the criminal action and the civil action.
23. What is the difference between a suspect and an accused?
The difference has more to do with legal language and the stage of evolution of the criminal investigation in question. Otherwise, the suspect and the accused are the same person, who acquires different names during the criminal procedures. In a non-legal explanation, the difference between a suspect and an accused is that, regarding the accused, there is more evidence that they committed the reprehensible act and that it constitutes an offense. And regarding the suspect, there are indications that they committed a possible offense, but when the indications are supported by conclusive evidence, the suspect becomes the accused.
