The complaint is a fundamental legal tool in Italian criminal law, allowing the injured party to activate criminal proceedings against the perpetrator of a crime that can be prosecuted upon complaint. But what exactly is meant by 'procedability of complaint'? Procedability refers to the possibility of initiating a criminal process only after the complaint has been formally submitted by the victim of the crime.
Not all crimes require a complaint to be prosecuted. Italian law distinguishes between crimes prosecutable ex officio and crimes prosecutable upon complaint. Ex officio prosecutable crimes are those that the state pursues regardless of the victim's will, such as crimes of greater social gravity. Conversely, crimes prosecutable upon complaint require the victim's initiative to initiate criminal action. Common examples of crimes prosecutable upon complaint include defamation and minor personal injuries.
The submission of a complaint must occur within a specific timeframe, established by law as three months from the day the injured party became aware of the fact that constitutes a crime. The complaint can be submitted personally or through a lawyer, in writing or verbally at a police office or the Public Prosecutor's Office. It is essential that the complaint contains a clear manifestation of the desire to prosecute the perpetrator of the crime.
The withdrawal of a complaint represents the act through which the injured party decides to retract the previously submitted complaint, thereby resulting in the extinction of the crime. This act can occur at any time before the judge delivers the final sentence.
"The withdrawal of a complaint is an act of clemency that reflects the victim's will not to proceed further with the criminal action."
For the withdrawal to be effective, acceptance by the defendant is necessary. The latter can decide to refuse the withdrawal, thereby continuing the criminal process.
Once accepted, the withdrawal leads to the extinction of the crime and, consequently, the interruption of the criminal proceedings. It often happens that the withdrawal of the complaint is the subject of an agreement between the parties, following the compensation for damages by the defendant.
Fully understanding the mechanisms of procedability and withdrawal of complaint is essential for protecting one's rights in the criminal field. These legal tools are designed to balance the public interest in repressing crimes with the victim's right to decide whether or not to initiate criminal action.
If you need to file or withdraw a complaint, or if you wish to obtain more information on the subject, do not hesitate to contact the Bianucci Law Firm. Attorney Marco Bianucci and his team of experts are at your disposal to offer you personalized advice and guide you through every stage of the legal process, ensuring maximum professionalism and competence.