Definition of crime in criminal law
The offense is defined in the provisions of Article 15 paragraph (1) of the Criminal Code as, “(...) an act provided by criminal law, committed with guilt, unjustified, and attributable to the person who committed it.”
What can I do if I have been the victim of a crime?
If you are/were the victim of a criminal offense, you have the possibility to file a criminal complaint to inform the criminal investigation authorities about the harm caused to you by the crime.
The criminal complaint filed by you must fully comply with the conditions expressly mentioned in the provisions of art. 289 of the Criminal Procedure Code.
However, you must consider the fact that there are certain offenses regulated by law (such as, for example, "Battery or other violence”) for which the filing of a Preliminary Complaint is required, without which it is not possible to hold the person accountable for committing the respective offense.
When is a Preliminary Complaint necessary and what must it contain?
According to the provisions of Article 295 of the Criminal Procedure Code, “(…) The initiation of criminal proceedings can only be done at the prior complaint of the injured party, in the case of offenses for which the law requires such a complaint.”
Therefore, the preliminary complaint is necessary only in situations where the legal text regulating the committed offense requires the filing of such a complaint, as is the case, for example, with the offense of "Involuntary Bodily Harm" or the offense of "Threatening".
The preliminary complaint must meet the conditions explicitly outlined in the provisions of Article 289 paragraphs (1) – (6) and (8) of the Criminal Procedure Code, and it is absolutely necessary to address it to the criminal investigation body (police officer) or, where applicable, to the prosecutor.
What is the legal term for you to submit the Preliminary complaint?
It is important to mention that the Preliminary Complaint must be filed within at most 3 months from the day the injured party became aware of the commission of the offense.
Therefore, in the situation where you are the victim of an offense such as "Threatening," for example, you have the possibility to file a Preliminary Complaint within at most 3 months from the moment the offense was committed and you became aware of it.
There are certain special situations in which the 3 month time limit starts to run from a different point in time than the one indicated above, such as when the injured person is a minor or an adult who is under special guardianship or legal guardianship, in which case the 3 month time limit starts to run from the date when the guardian or his or her legal representative learned of the offense.
Therefore, although for the commission of certain offenses it is necessary to file and register a Preliminary Complaint, there are certain situations in which the criminal investigation authorities may decide to initiate criminal proceedings even in the absence of the injured party's preliminary complaint.
For example, in the event of a road accident, even if the person who has suffered physical injuries is unconscious when the intervention teams arrive on the scene, the criminal investigation bodies will be obliged to initiate criminal proceedings ex officio, and then to summon the injured person to express his or her choice whether or not to lodge a preliminary complaint.
What happens if you do not submit your Preliminary Complaint within the 3 month deadline?
In the situation where you do not respect the 3-month deadline for filing the Preliminary Complaint, the solution that the criminal investigation authorities and, respectively, the prosecutor may adopt is a single one, namely the dismissal of the criminal case, in accordance with the provisions of Article 16 paragraph (1) letter e) of the Criminal Procedure Code.
In other words, you will no longer have the possibility to seek criminal liability of the natural or legal person for the crime of which you have been a victim, but you will have the option to apply to the civil court to recover the material or moral damage caused to you by the crime.
Withdrawal of the Preliminary Complaint and the consequences it produces
The withdrawal of the Preliminary Complaint essentially represents the expression of the injured party's will, who, after filing the Preliminary Complaint, retracts it and renounces it, thereby not wishing to hold the person responsible for committing the respective offense criminally accountable.
It is important to note that the withdrawal of the preliminary complaint has the effect of removing the criminal liability of the person in respect of whom it was withdrawn.
The Preliminary Complaint can be withdrawn up until the moment a final decision is made in the case. It should be noted that the withdrawal of the Preliminary Complaint does not have any effect on the civil aspect of the case, meaning that the injured party still has the right to request the holding of the person responsible for the offense to financial liability, by filing a civil action against them, which falls under the jurisdiction of the civil courts..
How can TS law's team of lawyers support you?
► Together with you we will analyze the entire factual situation, and then we will establish an optimal strategy, present you with the conclusions of the legal analysis of the given case and make a decision in accordance with your interests;
► We offer you assistance/representation in the criminal trial, in order to administer a complex and detailed evidence that will ultimately lead to the truth in the case;
► We provide you with permanent and detailed legal advice in court proceedings and undertake to draw up all the necessary legal documents on your behalf, including Plângerii penale, astfel încât, în final, drepturile și obligațiile dumneavoastră să fie exercitate în mod conform și legal;
► We will take all necessary steps in order to recover the damage caused to you by the offense.
The TS Law team is at your disposal if you have been the victim of a crime, providing you with support, legal advice, as well as assistance/representation in the legal proceedings arising from that event.
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