The reasons for the filing of a criminal complaint can be very diverse. Companies as well as individuals may have an interest in a criminal investigation. A criminal complaint can be used as a means of gathering evidence and enforcing claims for damages. Law enforcement agencies have special powers and resources that enable them to investigate and prosecute crimes more effectively than private individuals can.
Injured parties can access the files of law enforcement agencies, such as the police and prosecutors, as part of the criminal justice process by making a request for access to the files.
Criminal complaints may also be warranted to demonstrate the effectiveness of a compliance program, as they show that the company takes its obligations to comply with laws and regulations seriously and is willing to report company-related crimes.
When drafting a criminal complaint, it is important to present the facts of the case in such a way that the law enforcement agencies will quickly take up the investigation and develop an interest in prosecuting the case themselves. In this context, it is crucial to present the essential facts both in terms of the presentation and the legal assessment.
Investigations are initiated when the prosecutor has a so-called initial suspicion. When a criminal complaint is filed, there is only one attempt. Once the investigation is closed, the facts of the case are generally not re-investigated by the authorities.
It is therefore important to draft the complaint in a precise and diligent manner: If inaccurate allegations are made against a third party, there is a risk that the person making the allegations will be charged of defamation.
We can help you to present the facts that you want to report in a way that is factually and legally correct. After filing a criminal complaint, we monitor the ongoing investigation. We liaise with the public prosecutor's office and the police to ensure that the investigation is conducted swiftly and properly. We will accompany you when you're called to testify and prepare you professionally as a witness counsel for such an important meeting.
