Whether an offense requires a complaint depends on its statute. For a complaint-only offense, an eligible person must complain within six months after learning who the offender is. A complaint may be written or made orally to police or prosecutors. A complainant usually has ten days after receiving a non-prosecution or deferred-prosecution disposition to request reconsideration, subject to statutory exceptions. A complaint-only offense may be withdrawn before the close of arguments in the first-instance trial, but a withdrawn complaint cannot be filed again.
What is a complaint-only offense?
For some offenses, prosecution requires a complaint by the victim or another eligible person. Without a timely complaint, or after its withdrawal, the case cannot proceed on that basis. For an offense that does not require a complaint, prosecutors must initiate an investigation when they learn of suspected criminal conduct, without requiring a victim’s complaint.
The applicable criminal statute decides which category applies. Criminal Code Article 287 makes ordinary bodily injury under Article 277(1), except when committed by a public official performing official duties, and negligent injury under Article 284 complaint-only offenses. Article 314 does the same for public insult under Article 309 and defamation under Article 310. Other offenses require their own statutory check.
Who may complain? How is a report different?
A victim may file a criminal complaint (Code of Criminal Procedure, Art. 232). The victim’s legal representative or spouse may complain independently. If the victim has died, a spouse, lineal blood relative, collateral blood relative within the third degree, relative by marriage within the second degree, or family head or member may complain; for a complaint-only offense they may not act contrary to the victim’s express wishes made while alive (Art. 233).
A criminal complaint is limited to someone with the legal right to make it. By contrast, anyone who learns of a suspected offense may report it to a prosecutor or judicial police officer (Art. 240), and a public official who learns of one through official duties must report it (Art. 241). For an offense that is not complaint-only, a third party need not be an eligible complainant to make a report.
When does the six-month period begin?
For a complaint-only offense, the complaint must be filed within six months after the eligible person learns the offender’s identity (Art. 237(1)). Knowing that an injury occurred is not always the same as knowing who committed the offense.
告訴乃論之罪，其告訴應自得為告訴之人知悉犯人之時起，於六個月內為之。得為告訴之人有數人，其一人遲誤期間者，其效力不及於他人。（刑事訴訟法第237條）
Unofficial English summary (not an official translation): Article 237 requires a complaint for a complaint-only offense within six months after an eligible person learns who the offender is; if several people are eligible, one person’s missed deadline does not remove another’s right.
Each eligible person’s position is considered separately (Art. 237(2)). Once a person’s six-month period expires, a later complaint by that person cannot repair the missed deadline.
How do I file?
File a written complaint or make an oral complaint to a prosecutor or judicial police officer. An oral complaint must be recorded in writing (Art. 242(1)). A police agency and a district prosecutors’ office are both authorized points of contact; the police will refer an accepted case to prosecutors for investigation.
If investigators discover during an investigation that part or all of the suspected conduct requires a complaint and none has been made, they must ask the victim or another eligible person who appears to give a statement whether they wish to complain and record the answer (Art. 242(2)).
What happens after filing?
Police may interview people and prosecutors may summon them as part of the investigation. For the accused person’s side of those steps, see the guides to police questioning and a prosecutor’s summons. An investigation may end in prosecution, non-prosecution, or deferred prosecution. The result depends on the facts and evidence.
What if I disagree with non-prosecution?
A complainant receiving a non-prosecution or deferred-prosecution disposition may submit written reasons within ten days and request reconsideration through the original prosecutor to the head of the directly superior prosecutors’ office or the Prosecutor General (Art. 256(1)). Reconsideration is unavailable where the complainant previously agreed to a disposition under Article 253 or 253-1. The served disposition must state the deadline and the office for the request (Art. 256(2)).
Can I withdraw the complaint?
For a complaint-only offense, the complainant may withdraw before the close of arguments in the first-instance trial (Art. 238(1)). A person who withdraws may not complain again about the same matter (Art. 238(2)). Consider that consequence before linking a withdrawal to settlement.
When should I seek legal advice?
Consider consulting if you are unsure whether a complaint is required, the six-month period is nearly over, you need help preparing a written complaint, or you must decide whether to seek reconsideration. This guide is general information, not advice for an individual case or a promise of a result.