When to defend myself with a complaint in criminal proceedings?

The role of the complaint in criminal proceedings

• A complaint is a fundamental defence against a decision in a criminal proceeding.
• At the commencement of a criminal prosecution, it is often crucial because it can affect the entire subsequent defence strategy.
• The time limit is very short: usually only 3 days from the notification of the order.
• It is not enough to disagree “by feel”; it is important to challenge a specific statement or procedural error.
• In practice, it often makes sense to file a blanket complaint first and to elaborate the reasons after consulting the file, if the situation requires it.

In criminal proceedings, a complaint is an ordinary appeal against a decision. In 2026, a complaint is admissible against any order of a law enforcement agency, whereas a complaint is admissible against an order of a court or prosecutor only when the law expressly permits it. It must usually be filed within 3 days of notification of the order and is filed with the agency that issued the order being appealed. By itself, it usually does not have suspensive effect unless the law expressly grants it.

Are you dealing with criminal proceedings and the time limit is running short? We can help you quickly assess whether the complaint makes sense, prepare your arguments and propose further defences.

The role of the complaint in criminal proceedings

A complaint is the only proper remedy against an order in criminal proceedings. It is usually used to deal with minor decisions in criminal proceedings. However, not every order is open to complaint.

In general, a complaint is admissible:

• against all orders of a police authority,
• against orders of the court and the public prosecutor where they rule at first instance and where the Code of Criminal Procedure expressly allows it.

Complaint against the initiation of criminal proceedings

A complaint against the initiation of criminal proceedings is the most common and very fundamental type of complaint. It is a relatively significant act which can set the defence strategy from the outset and significantly influence the prosecution or lead to its termination. The paradox is that such a fundamental act is legally subject to only three days from the date of notification of the order to the accused. It is therefore essential to approach it responsibly and not to skip consulting a lawyer who can help you choose an appropriate argument. By filing a complaint, the accused will make it clear to the law enforcement authorities that he or she does not agree with the initiation of criminal proceedings. You can also complain, for example, about the bias of the judge.

The complaint does not have suspensive effect and the effects of the initiation of the prosecution continue until the decision on the complaint is made. The complaint is lodged with the authority that issued the contested order (which may also amend or cancel it) and is decided by a superior authority (e.g. a prosecutor above the Police Prosecutor’s Office, a court above the public prosecutor, etc.). The decision on the complaint is within the competence of the public prosecutor supervising the pre-trial proceedings. You may state the reasons for your complaint in writing immediately upon filing it. In practice, however, it is often the case that a blanket complaint is filed and its detailed justification is given only after the file has been consulted.

If the suspect does not succeed, he or she becomes the accused when criminal proceedings are initiated and the proceedings move to the investigation phase.

Mr. Radim, against whom criminal proceedings have been initiated, contacted the office of the Accessible Advocate. According to the information we received from Mr. Radim, the criminal proceedings had been initiated two days before he called us. Therefore, there was only one day left before a complaint could be filed. We therefore agreed together to file a complaint without detailed justification. We accompanied Mr Radim to see the file, made a copy of it and then together prepared a proper statement of reasons. The accusation appeared to be unfounded, as although it was obvious that a criminal offence had been committed (it concerned the embezzlement of money by Mr Radim’s employer), there was no indication that he had committed a criminal offence, apart from the fact that Mr Radim was employed by the company in question. We have very carefully written the reasons in this respect. The public prosecutor upheld the complaint and the prosecution against Mr Radim was eventually discontinued.

Who is allowed to file a complaint?

According to the law, only a person who has a legitimate interest in the content of the decision may file a complaint. Such a person may be:

• the accused – who is most often the person affected by the decision and who is entitled to lodge any complaint,
• the victim (e.g. in the case of a decision to discontinue criminal proceedings at the pre-trial stage),
• the defence counsel – who may lodge a complaint on behalf of the accused,
• the legal representative – if the accused’s legal capacity is limited,
• the public prosecutor – may lodge a complaint against the court’s decision, regardless of whose favour it is,
• the child welfare authority – may lodge a complaint in favour of the juvenile,
• other persons who may have an interest in the content of the decision – for example, the prison director, a forensic expert.

Complaint procedure

The complaint must be lodged with the authority against whose decision it is directed within three days of notification of the decision or its delivery. You may submit your complaint in writing, or orally on the record or in electronic form. It shall have suspensive effect only where the law expressly so provides.

It is often at this stage that it makes sense to contact a lawyer. The three-day time limit is very short, and if you need to quickly assess whether to lodge a complaint, how to formulate it and what to request from the file, a well-chosen procedure can significantly influence the future course of the defence. In our practice, we assist clients in these situations with a quick assessment of the case, preparation of the complaint and a follow-up defense strategy.

The authority that issued the decision only decides on the complaint in the case of so-called self-medication, i.e., in a situation where the complaint is fully upheld. In all other cases, the decision is taken by the superior authority. The Criminal Procedure Code determines who this is.

The public prosecutor who supervises a complaint against a police authority is competent to deal with it. In the case of a decision by a public prosecutor, the superior authority is the superior public prosecutor or the court.

If you disagree with the police conduct outside the framework of criminal proceedings, file a complaint with the department where the officer is assigned and, in the case of deficiencies in the department’s activities, with the officer in charge of the department. If you are not satisfied with this solution either, you can contact the Ombudsman or have the Chief Constable investigate how the complaint was handled.

Adjudication of the complaint

The authority deciding on the complaint shall first of all consider whether it is admissible and whether it has been lodged by a person entitled to do so and in good time. The individual statements may then be examined.

The complaint shall again be decided by way of an order. In that decision, the complaint may be rejected on substantive or formal grounds, or the superior authority may annul the contested decision and either decide the matter afresh itself or order the authority against whose decision the complaint is directed to rehear and decide the matter afresh.

Summary

A complaint is the most important due process remedy in criminal proceedings and is often the first step in an accused’s effective defence. It is most often invoked against the initiation of a criminal prosecution, but it may also have its merits at other stages of the proceedings. Although the time limit for filing is only three days, its importance can be crucial. Anyone facing a criminal prosecution should consider the complaint carefully – ideally with the help of a lawyer – and use it as a means of protecting their rights.