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A decision to initiate a criminal case is a critical procedural document that triggers investigative activities and directly impacts the freedom and reputation of individuals and organizations. When there are grounds to believe that such a decision lacks a legal basis, exercising the right to complain is an essential step to prevent wrongful prosecution.
Individuals and organizations have the right to file a complaint when they detect the following irregularities in an initiation decision:
Wrongful Prosecution: No actual criminal event occurred.
Incorrect Charges: The act is inconsistent with the imposed charges, causing undue prejudice to the accused.
Lack of Criminal Elements: The act is merely a civil or administrative dispute and does not meet the legal threshold for criminal prosecution.
Procedural Violations: The decision was issued without proper jurisdiction or based on illegally collected evidence.
Statute of Limitations: The deadline for filing a complaint is 15 days from the date of receipt of the decision. Time is of the essence to maintain your right to appeal.
Required Documents:
Formal complaint (clearly outlining legal errors).
A copy of the contested initiation decision.
Supporting evidence for rebuttal (photos, videos, documents, witnesses, etc.).
Implementation Process:
Submission: Submit the application to the Head of the Investigating Authority that issued the decision or the equivalent People's Procuracy for supervision.
Acceptance and Verification: Competent authorities check the validity and proceed to verify the entire case file.
Issuance of Resolution: The result may be the cancellation, amendment, or maintenance of the initiation decision based on legal grounds.
The criminal field requires a profound understanding of legal proceedings. The legal team at Givlaw supports clients by:
Assessing dossiers to identify errors made by proceeding authorities.
Developing a robust system of legal arguments and rebuttal evidence.
Directly representing clients in working with competent authorities to protect their legal rights and push for the cancellation of unlawful initiation decisions.
