In Criminal Law, it is crucial for lawyers to have a good understanding of procedural tools to perform effectively.
This comprehensive manual explores the concept of complaint-crime, covering its basics, distinctions from regular complaints, time limits, and practical aspects for its preparation.
Discover how you can enhance your advocacy work with in-depth insights and strategic advice, incorporating cutting-edge technologies like Legal AI.
What does Complaint mean?
The criminal complaint initiates the private criminal action process.
The procedural step is carried out either by the perpetrator themselves or by their legal representative.
According to Article 41 of the Criminal Procedure Code (CPP), the document should include:
- Detailed and chronological report of the Criminal Fact Exhibition.
- Identification information of the alleged perpetrator of the crime.
- Crime Rating is an indication of violated laws.
- Witnesses play a role by providing a list of names that can support the account of events when needed.
The tool enables the victim to pursue criminal charges by participating directly in the legal proceedings.
Difference between Complaint and Denunciation
The difference between a complaint-crime and a complaint lies primarily in who owns and the type of criminal activity.
- The report is exclusively presented by the Public Ministry, with the State having sole control over criminal action, such as in cases of murder where the Prosecutor files the complaint in the public’s interest.
- Presented solely by the Public Ministry.
- Criminal cases are handled by the government, which has exclusive control over them.
- In murder cases that are of public concern, the Prosecutor files the complaint.
- The complaint is made by the perpetrator or their legal representative in private criminal actions initiated by the victim. For instance, in cases of injury, slander, or defamation, the victim has the exclusive right to file a complaint against the aggressor.
- Presented by the offender or their legal representative, such as an attorney with special authorization, as per Article 44 of the Criminal Procedure Code.
- Private criminal action: The victim has the right to start the criminal proceedings.
- In situations involving injury, defamation, or slander where the victim’s sole interest is in seeing the perpetrator brought to justice, filing a criminal complaint is the suitable course of action.
- Presented only by the Public Ministry.
- The State has the exclusive right to take public criminal action.
- In murder cases of public interest, the Prosecutor files the complaint.
- Being presented by the offender or their legal representative, including an attorney with specific powers, as per Article 44 of the Criminal Procedure Code.
- Private criminal action occurs when the victim has the right to start criminal proceedings.
- In situations involving injury, slander, or defamation, where the victim’s sole interest lies in holding the wrongdoer accountable, filing a crime complaint is the suitable course of action.
This distinction is important because it not only dictates how to initiate criminal proceedings, but also establishes the timelines and processes to adhere to.
When is a Complaint suitable?
Private criminal action can be pursued in cases where the law permits it, with potential crimes including:
- Crimes against Reputation: Slander, libel, and insult.
- Some offenses committed by government officials: As stated in legislation.
- Other offenses, even if they are considered public crimes, can also be subject to private criminal action if the Public Prosecutor fails to file a complaint within the specified time frame, as stated in Article 29 of the Criminal Procedure Code.
Who is able to make a complaint?
Complaints can only be made by specific individuals as stated in the law.
- The victim is the person who has been harmed by the criminal act.
- If the victim is unable to represent themselves or is a minor, as outlined in Articles 30, 31, and 33 of the Criminal Procedure Code (CPP), a legal representative should be appointed.
- Attorney with Special Authority: The lawyer representing the plaintiff must be given a designated proxy as per Article 44 of the Criminal Procedure Code.
In specific circumstances, like when the complainant has passed away or is not available, the right to file the complaint is passed on to the nearest family members, according to the specified hierarchy in the law.
How to Compose a Complaint?
To write a crime complaint effectively, you need to follow essential steps that ensure accuracy and attention to legal aspects.
- Drive your document to the appropriate court, referring to it as “The CRIMINAL COURT OF THE DISTRICT OF…” for serious crimes or “The CRIMINAL SPECIAL COURT OF THE DISTRICT OF…” for less serious offenses. Clearly identify the parties involved, including their official roles and personal information such as full name, identification numbers, and address.
- Take your case to the appropriate court by using phrases like “The CRIMINAL COURT OF THE DISTRICT OF…” for serious offenses or “To the CRIMINAL SPECIAL COURT OF THE DISTRICT OF…” for less serious crimes.
- Identify the individuals involved: the official relationship and the accused’s contact details, including all pertinent personal information such as full name, CPF/CNPJ, RG, and address.
- Create a chronological record detailing events, incorporating dates, times, and descriptions of the circumstances constituting the offense.
- Create a chronological sequence and provide a comprehensive description of the occurrences.
- Provide details such as dates, times, and a description of the situation that constitutes the offense.
- Identify the legal instruments supporting the complaint; Emphasize evidence demonstrating the significance and origin of the offense.
- List the legal mechanisms on which the complaint is founded.
- Identify aspects that demonstrate the significance and origin of the offense.
- Build specific requests, like receiving evidence, summoning the defendant, scheduling the preliminary hearing, and potentially convicting the plaintiff. Identify witnesses as needed.
- Make specific requests like receiving the item, citing the defendant, scheduling the preliminary hearing, and possibly convicting the plaintiff.
- List the witnesses as required.
- The document should bear the signature of the complainant’s lawyer and, if needed, the complainant’s signature; Also, include the necessary power of attorney for representation validity.
- The document should bear the signature of the complainant’s attorney and, if required, also include the complainant’s signature.
- Attach the proxy with unique abilities that are necessary for the representation to be valid.
- Take your case to the appropriate court by using phrases like “The CRIMINAL VAR RIGHTING JUDY OF COMARCA DE…” for serious crimes or “To the CRIMINAL SPECIAL JUIZADO OF THE COMARCA OF…” for less severe offenses.
- Identify the individuals involved: the official relationship and the accused individual’s address, including all required personal information such as full name, CPF/CNPJ, RG, and address.
- Create a chronological schedule and thorough description of occurrences.
- Provide dates, times, and a detailed description of the circumstances that define the offense.
- List the legal mechanisms on which the complaint is founded.
- Identify components that demonstrate the significance and ownership of the offense.
- Make specific requests, like asking for the item to be returned, identifying the suspect, scheduling the preliminary hearing, and potentially prosecuting the plaintiff.
- List the witnesses as needed.
- The document needs to be signed by the complainant’s lawyer and, if needed, also by the complainant.
- Attach the proxy with unique abilities that are necessary for the representation to be valid.
Legal AI is an artificial intelligence tool designed to help innovative lawyers create customized criminal complaints.
By moving away from pre-made legal templates and utilizing a platform that generates detailed legal documents based on current laws and recent case precedents, the attorney enhances precision and efficiency, minimizing the chances of procedural mistakes and producing a more tailored and effective document for the specific case.
Complaint deadlines
Controlling deadlines is crucial for the success of criminal proceedings. The primary deadlines that need to be followed are:
- The person who has been wronged has a period of six months to submit a criminal complaint starting from the moment they become aware of the offender (Article 38 of the CPP).
- The victim has six months to report the crime from when they find out who the perpetrator is (Article 38 of the Criminal Procedure Code).
- The Public Prosecutor must submit the complaint within three days as specified in Article §2.46 of the CPP.
- The Public Prosecutor must submit the complaint within three days if necessary, as stated in Article 46 of the CPP.
- Additional procedural deadlines may result in the process being considered peremptory due to the complainant’s absence or inaction, in accordance with CPP Art. 60 provisions.
- The process may be deemed peremptory in situations where the complainant is absent or inactive, as stated in Article 60 of the Criminal Procedure Code.
- The victim has six months to report the crime after learning about the perpetrator, according to Article 38 of the Criminal Procedure Code.
- The Public Prosecutor must submit the complaint within three days if required, as stated in Article §2.46 of the CPP.
- If the complainant is absent or inactive, the case may be deemed peremptory under Article 60 of the Criminal Procedure Code.
Keeping a calendar current and utilizing process management software to track significant dates is essential.
Beginning with a plan.
The criminal complaint is a valuable instrument for criminal defense attorneys, enabling the accused to actively pursue justice.
Mastering this piece, including its development and deadline management, could make a significant difference in intricate procedures and achieving favorable outcomes. Leveraging cutting-edge technologies like Legal AI enables you to tailor your strategy, reduce reliance on standard models, and guarantee compliance with regulations in every aspect, enhancing the efficiency and security of your operations.
Frequently Asked Questions
What is a report of a criminal offense? Are you within your legal rights?
It is the formal process that starts a private criminal case, enabling the offender or their legal representative to prompt the Judiciary to criminally prosecute the accused, supported by the presentation of facts, assessment of the defendant, and legal justification.
When is the report of the crime?
The decision to pursue private criminal action lies with the offender or their legal representative, particularly in cases of crimes against honor and specific violations outlined in the law.
How to file a report for a crime?
Follow a specific structure when deploying the section: mention the parties involved, present the facts, cite the legal basis (such as Art. 41 of the CPP), provide an order of events, outline the role of witnesses, and include a signature. Utilize resources like Legal AI to tailor and enhance the section, guaranteeing adherence to all required deadlines and procedures.
When is the last date to submit a criminal complaint proposal?
Is it required to inform about a complaint being made?
The occurrence report (BO) is not mandatory for filing a complaint, but including it can enhance the description of events and provide evidence, bolstering the overall case.
What is needed to submit a complaint?
To create a complaint, you need to:
- Exhibit of Information: Thorough and sequential account of the event.
- Identification of the accused: Details revealing the alleged perpetrator of the offense.
- Indication of violated legal provisions is denoted by Crime Rating (as per Article 41 of the Code of Criminal Procedure).
- Witnesses may be listed to support the version of events, and if a representative is submitting the document, special authorization is required.
What separates BO from filing a crime report?
The police authority prepares a document called a police report (BO) to record criminal incidents, serving as an information record. On the other hand, the criminal complaint is a formal document initiated by the offender or their representative to start private criminal proceedings in court.
Do you require a lawyer to submit a criminal complaint?
It is recommended to hire a lawyer to handle the criminal complaint in order to ensure that all formal requirements are met and legal reasoning is correct, thus preventing any potential harm to the case.
What occurs if the complaint is submitted after the deadline?
If the criminal complaint is submitted after the statutory period has passed, the right to bring a private criminal action will be lost. In these situations, the judge must dismiss the case without addressing the merits, thereby preventing the victim from pursuing criminal charges.
Is civil action still an option if the deadline passes?
The victim can still pursue compensation through a civil lawsuit even if the deadline for filing a criminal complaint has passed. This is because the criminal and civil legal processes have separate time limits. Despite the expiration of the deadline for a private criminal action, the victim can still seek damages for harm suffered in the civil sphere as long as the prescribed deadlines in the Civil Code and other relevant regulations are followed.