This article deals with the law of the Slovak Republic and its application by Slovak courts and authorities.
Many people confuse the terms "criminal complaint" and "filing with the police". In practice these are two different things with different goals and consequences. While a filing can be any request, question or piece of information addressed to the authorities, a criminal complaint is a specific report drawing attention to facts indicating that a crime has been committed.
A criminal complaint makes sense when you believe an act has occurred that the law considers a crime – for example fraud, theft, bodily harm or making threats. You do not need to know exactly which crime it is or who committed it. What matters is to clearly describe what happened, when and where, and to attach any available evidence such as photographs, messages, e-mails or names of witnesses.
You can file a criminal complaint in writing, orally on the record at a police unit, or at the prosecutor's office. We always recommend keeping a copy or a confirmation of receipt. If you file the complaint orally, ask for a record to be drawn up and for a copy of it. An anonymous filing is possible, but the authorities may not investigate it as thoroughly as a complaint with a stated identity.
After receiving the complaint, the authorities are obliged to examine the matter and decide on further steps. As the person filing, you have the right to be informed about how your report was handled. If you disagree with the outcome, in many cases it is possible to file an appeal. This is often where the success of your case is decided – so it pays to know what deadlines and options you have.
Common mistakes made by laypeople include an unclear description of the act, missing evidence or missing deadlines for a response. An incorrect filing can needlessly prolong the whole process or weaken your position. That is why it is worth thinking through the content of the complaint in advance and, in more complex cases, consulting an expert who will help you phrase it so that it carries real weight.
If you are unsure whether and how to file a criminal complaint, we will be glad to help. At the law firm Kohút & Partners in Zvolen we offer a consultation at a fixed price and with a reply within 24 hours. Get in touch and together we will find the best approach for your situation.