The complaint represents one of the most important tools in Italian criminal law, allowing the victim of a crime to express the desire to prosecute the perpetrator. This legal institution is distinguished from the report by its discretionary nature, as its submission is often necessary to initiate criminal proceedings in certain crimes, known as crimes prosecutable by complaint.
A complaint is the act by which a person harmed by a crime expresses the desire for criminal proceedings to be initiated against the perpetrator. It must be submitted within three months from the knowledge of the fact constituting the crime, unless otherwise provided by law. The complaint can be made orally or in writing at the judicial police offices or directly at the prosecutor's office.
The constitution of the civil party is the act by which the person harmed by a crime enters the criminal process to request compensation for the damage suffered. This allows the civil party to actively participate in the criminal process, alongside the public prosecutor. The constitution of the civil party must occur within the deadlines set before the start of the trial.
It is important to emphasize that the constitution of the civil party is not automatic with the submission of the complaint; it requires a formal act of constitution to be deposited at the competent court registry.
In both phases, both in the submission of the complaint and in the constitution of the civil party, the assistance of a criminal lawyer is essential. The criminal lawyer can provide the necessary advice to correctly draft these acts and to choose the most suitable defense strategy. Furthermore, the criminal lawyer can represent the civil party in the process, ensuring that their rights are protected and that fair compensation is obtained.
The complaint and the constitution of the civil party are powerful tools but must be used with care. The failure to submit a complaint within the required time or an error in the constitution of the civil party can compromise the right to compensation. It is therefore essential to rely on an experienced criminal lawyer to navigate these complex legal procedures.
If you need legal assistance regarding a complaint or the constitution of a civil party, do not hesitate to contact the Bianucci Law Firm. We are at your disposal to provide you with personalized advice and assist you at every stage of the criminal proceedings.