Procedibility and Withdrawal of Complaint: Complete Guide

Introduction to the Procedibility of the Complaint

The complaint is a fundamental legal instrument in Italian criminal law, allowing the injured party to initiate criminal proceedings against the perpetrator of an offense that is prosecutable upon complaint by the party. But what exactly is meant by 'procedibility of the complaint'? Procedibility refers to the possibility of initiating criminal proceedings only after the complaint has been formally filed by the victim of the crime.

When is a Complaint Necessary?

Not all offenses require a complaint to be prosecuted. Italian law distinguishes between offenses prosecutable ex officio and offenses prosecutable upon complaint by the party. Offenses prosecutable ex officio are those that the State prosecutes regardless of the victim's will, such as offenses of greater social gravity. Conversely, offenses prosecutable upon complaint by the party require the victim's initiative to initiate criminal action. Some common examples of offenses prosecutable upon complaint include defamation and minor personal injury.

How to File a Complaint

The complaint must be filed within a specific deadline, established by law as three months from the day the offended person became aware of the act constituting the crime. The complaint can be filed personally or through a lawyer, in writing or verbally at a police station or the Public Prosecutor's Office. It is essential that the complaint contains a clear manifestation of the will to prosecute the perpetrator of the crime.

Withdrawal of Complaint: Meaning and Effects

The withdrawal of a complaint is the act through which the injured party decides to withdraw the previously filed complaint, thereby extinguishing the crime. This act can occur at any time before the judge pronounces the final sentence.

"The withdrawal of a complaint is an act of clemency that reflects the victim's desire not to pursue criminal action further."

Types of Withdrawal

• Express Withdrawal: when the will to withdraw the complaint is clearly manifested by the injured party, generally in writing.
• Tacit Withdrawal: when the injured party's behavior is such as to unequivocally indicate the renunciation of the complaint, such as the failure to appear, without just cause, at the hearing where they were summoned to be heard.

Acceptance of Withdrawal

For the withdrawal to be effective, the acceptance of the accused is required. The latter can decide to refuse the withdrawal, thus continuing the criminal proceedings.

Effects of Withdrawal of Complaint

The withdrawal, once accepted, leads to the extinction of the crime and, consequently, the interruption of criminal proceedings. It often happens that the withdrawal of a complaint is the subject of an agreement between the parties, following compensation for damages by the investigated/accused party.

Final Considerations

Fully understanding the mechanisms of procedibility and withdrawal of complaint is essential to protect one's rights in criminal matters. These legal instruments are designed to balance the public interest in prosecuting crimes with the victim's right to decide whether or not to initiate criminal action.

Contact Bianucci Law Firm

If you need to file or withdraw a complaint, or if you wish to have more information on the subject, do not hesitate to contact the Bianucci Law Firm. Lawyer Marco Bianucci and his team of experts are at your disposal to offer you personalized advice and guide you through every stage of the legal process, ensuring maximum professionalism and competence.