How do you complain about the investigating authorities?
Right to complain
During your arrest, the police authorities are allowed to conduct certain investigative activities, which also involve you. You can read more about investigative activities.
The police and the prosecution, both have to respect your human and procedural rights when conducting the investigative activities. If you believe that your rights were violated, you can complain about the behaviour of the persons involved in the investigation.
What violations may occur during the investigation?
Certain violations of your human and procedural rights during an investigation may influence the outcome of your case. For example, where you have been threatened so as to give up information that incriminates you, or your lawyer has not been present at the interrogation, or you have not been given certain documents to which you are entitled. You can also complain about police mistreatment (the use of physical force or threats) during the investigation, even if you think that it did not have impact on the outcome of your case.
Where to submit the complaint?
You can complain about the behaviour of members of the investigation team to the supervising prosecutor. If you do not know who the supervising prosecutor is, you can simply address your complaint to the prosecution in general. Your complaint will be forwarded to the relevant person within the prosecution.
If you think that certain actions or decisions of the prosecutor are unlawful and violate your rights, you should submit a complaint to the higher-ranking public prosecutor. If you do not know who the higher-ranking prosecutor is, you may also lodge your written complaint with the same challenged prosecutor, which will forward your complaint to the higher-ranking responsible prosecutor.
The higher-ranking prosecutor’s ordinance may be appealed to the investigative judge. Certain decisions of an investigative judge issued in the framework of complaint procedures against prosecution bodies’ acts can be appealed.
Submission deadlines
You must comply with the deadlines for the submission of your complaint. According to the Criminal Procedure Code, the complaint is to be addressed, within 15 days, to the prosecutor who leads the criminal investigation. The decisions of the prosecutor can be appealed to the higher-ranking prosecutor within 15 days. If you want to complain about ordinance of the higher-ranking prosecutor or their lack of response, you should submit the complaint to the investigative judge within 10 days of the day you found out about that ordinance or should have received the response respectively. If the investigative judge’s decision on challenge against prosecutor’s ordinance is subject to appeal, you must submit you application within 15 days from the delivery. Keep in mind that it is always best to complain as soon as possible.
The decisions issued in these procedures should also contain information about where and when you can appeal them.
Compensation
You can also request compensation if you believe that your rights were violated during the investigative process.
Read more how to request compensation: