Criminal Complaint Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Reviewing whether a crime applies
2. 2Writing and filing the complaint
3. 3Questioning of the victim
4. 4Questioning of the offending student
5. 5Decision to refer or not refer
6. 6Disposition by the prosecutor of the Public Prosecution Office
7. 7Juvenile protection trial or criminal trial

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The investigation and juvenile division hearing periods vary by case (notice within 7 days if not referred; objection within 3 months from the day the notice is received)

Cost

No cost to file a complaint (lawyer fees are separate)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   Check which crime applies among assault, bodily injury, threats, insult, defamation, sexual violence and cyberbullying (Information and Communications Network Act), and also check the offending student's age (under 10, 10 to 13, or 14 or older). Students aged 10 to 13 go to the juvenile division instead of criminal punishment, and students aged 14 or older go to referral to the juvenile division or a criminal trial.

2. 2

   Write the facts of the harm in time order, attach evidence such as medical certificates, chat screenshots and witness statements, and file the complaint with the police station (school police officer). For offenses prosecutable only upon complaint (crimes punishable only if the victim files a complaint), such as insult, you must file within 6 months from the day you learned who the offender is (Criminal Procedure Act §230). Filing a complaint that is untrue or exaggerated can raise issues of the crime of false accusation.

3. 3

   The police question the complainant (the victim). A guardian or a person in a relationship of trust (an adult the child trusts and relies on) can be present. Statements of sexual violence victims under 19 are to be video-recorded (Sexual Violence Punishment Act §30(1)).

4. 4

   The police question the offending student, and the offending student's side can also apply for a guardian to be present (Criminal Procedure Act §244-5). A confrontation (questioning in which the parties sit face to face to compare statements) is held when needed for the investigation (§245). If you do not want to face the offending student, say so in advance.

   Current step
5. 5

   If the offending student is 14 or older and the charges are substantiated, the police refer the case to the prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office); for juveniles below the age of criminal responsibility aged 10 to 13, the chief of the police station refers the case directly to the juvenile division of the family court (Criminal Procedure Act §245-6, §245-7 · Juvenile Act §4). If the police find no grounds for the charges, they do not refer the case and notify the complainant within 7 days.

6. 6

   The prosecutor of the Public Prosecution Office decides on one of: referral to the juvenile division, indictment (formal trial or request for a summary order), or non-indictment (including suspension of indictment) (Juvenile Act §49 · Public Prosecution Office Act §57 · Criminal Procedure Act §260). If the offending side asks for a settlement, it is best to decide after discussing with a lawyer how the settlement amount and a statement of non-desire for punishment will affect the disposition. This is because a statement of non-desire for punishment is hard to take back once made.

7. 7

   If the case goes to the juvenile division, the victim can state their views in a closed hearing, and a protective disposition is decided. In a criminal trial, the victim can state their views at the trial and can also apply for a compensation order (a decision ordering compensation within the criminal trial). In a juvenile protection trial, the victim or their legal representative, counsel or family can apply to the juvenile division judge to state their views, and the judge must give them a chance to speak at the hearing date unless they have already made sufficient statements or there is a risk of significantly delaying the procedure (Juvenile Act §25-2). The law sets no deadline for the application, so apply as soon as you hear the case has been referred to the juvenile division.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere and in what form do I file a criminal complaint? Is there a fee?

There is no fee. A criminal complaint can be made to a judicial police officer in writing or orally.Check which police station to file with at the civil affairs office of a nearby police station or with the school police officer. If you file in writing, write the facts of the harm in time order and attach a list of evidence.

QIf the offending student is under 14, is there any point in filing a complaint?

Yes, it is worthwhile. Children aged 10 to 13 are not criminally punished, but the police can send the case to the juvenile division of the family court so that a protective disposition is imposed.However, if the child is under 10, the case cannot even be referred (sent) to the juvenile division, so you can respond only through school violence committee measures and civil damages.

QCan a lawyer come along to the victim's questioning?

If a sexual violence victim under 19 has no lawyer, the prosecutor must appoint a state-appointed lawyer. In other cases too, a guardian or a person in a relationship of trust can be present.Check with the investigator in charge in advance whether a lawyer may be present. Statements of sexual violence victims under 19 are video-recorded.

QWhat do I do if I receive a notice of non-referral?

First check the reasons stated in the notice. You can file an objection with the head of the police station to which the notifying police officer belongs.The police then send the case to the prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) and inform you of the outcome and the reasons. The objection must be filed within 3 months from the day you receive the notice.This deadline applies to notices received on or after October 2, 2026 (2026. 10. 2.). So it is best to get advice as soon as you receive the notice.

QIf I file a criminal complaint, does the school violence committee procedure stop?

No. The school violence committee and the criminal procedure proceed separately at the same time. If the facts in the written opinion to the committee and in the criminal complaint differ, your statements may be seen as hard to believe, so keep the content the same.

QIf the offending side asks for a settlement, do I have to agree?

No. A settlement is your choice.However, if you decide to agree, there are points to watch. A statement of non-desire for punishment ends the case for offenses prosecutable only upon complaint and offenses not punishable against the victim's wishes, and once you submit it you cannot file the complaint again. Decide with a lawyer on the settlement amount and whether to waive civil claims, and then put it in writing.