Criminal complaint: deadlines and difference from a report
What a criminal complaint is
A criminal complaint is the declaration by which the injured party expresses their wish that the perpetrator of an offence be prosecuted. It is essential for certain offences, known as offences prosecuted on complaint, which the public prosecutor can only investigate if the injured party files it (art. 30 ff. CC/PC).
The deadline to file a complaint
Art. 31 CC/PC sets a three-month deadline to file a complaint, from the day the entitled person became aware of the perpetrator. This is a forfeiture deadline: once it has passed, the right to file a complaint for that offence is permanently extinguished.
The difference from a report
A report, unlike a complaint, can be made by anyone aware of an offence, and mainly concerns offences prosecuted ex officio, for which the public prosecutor must act as soon as it becomes aware of the facts, without any expression of will from the injured party being necessary.
Withdrawing a complaint
A complaint can in principle be withdrawn as long as no first-instance judgment has been issued, which ends prosecution for the offence concerned, subject to a contrary agreement between the complainant and the person affected by the withdrawal in certain cases provided by law (art. 33 CC/PC).
Frequently asked questions
Within what deadline must I file a criminal complaint?
Within three months from the day you became aware of the perpetrator (art. 31 CC/PC). Once this deadline has passed, the right to file a complaint for that offence is permanently extinguished.
What is the difference between a complaint and a report?
A complaint is reserved to the injured party and is necessary for offences prosecuted on complaint, while a report can be made by anyone and mainly concerns offences prosecuted ex officio, for which no expression of will from the injured party is required.
Can I withdraw my complaint after filing it?
Yes, in principle as long as no first-instance judgment has been issued, which ends prosecution for the offence concerned, subject to specific rules in certain cases (art. 33 CC/PC).