Prior complaint in Romanian criminal procedure
For certain offences, Romanian criminal procedure cannot start without a prior complaint from the victim, filed within 3 months.
Definiţie
What is a prior complaint?
For a closed list of offences (assault, threats, harassment, trespass, theft between relatives, breach of trust, criminal damage), Romanian criminal procedure requires a prior complaint from the victim. Without it, the prosecutor cannot open a case and must dispose of the file (clasare).
The deadline is 3 months from the day the victim learned of the offence. The complaint may be filed at the police, the prosecutor or directly at court. The victim may withdraw it at any time until final judgment, which extinguishes criminal liability.
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