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Drafting a complaint

Not all crimes are prosecuted by prosecutors. Certain types of crimes are only prosecuted if the victim has filed a private complaint.

A complaint can be filed for the following crimes:

● insult;
● slander;
● slight bodily injury;
● theft committed by spouse or relatives, etc.

The complaint must set out all the facts and circumstances of the offence, and must include evidence to prove guilt. The complaint must also contain details of the person who committed the offence.

It shall be filed with the relevant district court with the written evidence and the state fee paid. A complaint may be filed at the latest within 6 /six/ months from the date of knowledge of the offence or from the date on which the victim received a decree from the prosecutor’s office to terminate the pre-trial proceedings.

With the complaint, a civil claim for compensation for moral and material damage may also be filed. It shall also set out the amount of compensation claimed and the interest payable. Material damages are those in which material goods are affected – stolen or damaged property, money paid for doctors, medicines, treatment. Non-pecuniary damages are those that impair life, health or reputation – these are sickness and mental suffering.

The civil action may be brought after the initiation of the court proceedings, but before the start of the judicial investigation. In order for damages to be awarded, it must be proved that they are the direct and proximate result of the offence.

If you have been the victim of a crime or have a complaint filed against you, you can contact a criminal lawyer to assist you.

Legal Frame Law Firm will assist you in preparing a private complaint and filing a civil lawsuit in the criminal process. Our attorneys will also help you if you are being sued for acts you did not commit.

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