In the context of criminal law, it is essential to understand the difference between a report and a complaint, two terms often used but that have distinct meanings and different legal implications. A criminal lawyer can provide important clarifications on these distinctions, helping anyone who finds themselves in need of appropriate legal action.
A report is a formal act through which information about a prosecutable crime is brought to the attention of the competent authorities, such as law enforcement or the Public Prosecutor's Office. This means that once the report is filed, the authorities are obliged to initiate investigations without any further initiative from the person who filed the report.
A report can be filed by anyone who becomes aware of a crime, even if they are not directly a victim. It does not require a specific format and can be made verbally or in writing. In many cases, the report is the first step to initiating a criminal proceeding, serving as the instrument through which the authorities are informed of a possible crime.
The complaint, on the other hand, is a legal act through which the victim of a crime expresses the desire for criminal proceedings to be taken against the perpetrator of that crime. It is necessary for crimes that are prosecutable by private complaint, that is, those crimes for which criminal action cannot be initiated without the express request of the victim.
Unlike the report, the complaint must be filed within three months of becoming aware of the act that constitutes a crime, except in specific cases provided by law that extend this term to six months. The complaint is revocable, unless the crime is prosecutable ex officio, and can be expressed both verbally and in writing, but it must always be signed by the victim or their legal representative.
A criminal lawyer plays a crucial role in providing legal assistance for both filing a report and a complaint. Thanks to their experience, they can guide you in choosing the most appropriate procedure, carefully analyzing the circumstances of the specific case. Moreover, a criminal lawyer can represent you in all phases of the criminal proceeding, ensuring that your rights are protected at all times.
Understanding the differences between a report and a complaint is essential for undertaking the correct legal path. If you need further clarifications or legal assistance, do not hesitate to contact the Bianucci Law Firm for personalized advice. Our team of criminal lawyers is at your disposal to provide competent and professional support.