For the Customers

Pre-trial Proceedings

After a criminal offence is reported or a complaint is filed, the police examine the circumstances of the offence. Together with the evidence, the complaint is then submitted to the state prosecutor.

The state prosecutor dismisses the complaint if they find no reasons to instigate criminal proceedings (e.g. because it is not an actual criminal offence, there is no reasonable suspicion that the suspect committed the criminal offence reported or on other grounds). The injured party must be informed thereof within eight days. In such an instance, the injured party may file the indictment with the court acting as the prosecutor in the proceedings. The injured party has the right to instigate or continue the prosecution within 30 days after receiving a communication from the state prosecutor.

Not all cases are so complex that it is only after an investigation that the state prosecutor can decide on whether to file an indictment or withdraw from prosecution. If a case seems quite straightforward, the state prosecutor may file the so-called direct indictment with no investigation after the receipt of the complaint.