A phone call from the police, an envelope with an official stamp, or a message from someone you know saying that "somebody has been asking about you." For most people this is a first, and the first reaction is panic. That is understandable. It helps, though, to know what is happening right now, what comes next and how to act so that you do not make things worse for yourself.
¶ What a criminal complaint is and what it is not
A criminal complaint is a report in which someone tells the police or the public prosecutor's office that a criminal offence may have been committed. It is neither a charge nor an indictment. Anyone can file one against anyone, and the police have to deal with it. That does not make it true, and it does not mean anything further will come of it.
A large share of criminal complaints are set aside because the conduct described is not a criminal offence or cannot be proven. A complaint starts a preliminary inquiry, not court proceedings. You should not ignore it, but there is no reason to panic either.
¶ What the police will do
Once a complaint is filed, the police look into the matter. They establish whether a criminal offence was committed at all and whether there are grounds to suspect a particular person. They may contact you in one of two ways, and the two are fundamentally different.
Providing an explanation. The police ask you to come in and explain certain circumstances. You are not an accused person. You are obliged to comply with the summons; if you fail to attend without a valid excuse, you can be brought in by the police (Section 158(7) of the Czech Code of Criminal Procedure). When providing an explanation, you are entitled to legal assistance from a lawyer (Section 158(5)). You may refuse to give an explanation if doing so would expose you or a close person to the risk of criminal prosecution, and the police must inform you of this beforehand (Section 158(8)). An official record is made of the explanation, and if you sign it, you are entitled to a copy on request.
Interrogation as an accused person. This is a different situation. The police have already issued a resolution to commence criminal prosecution and you are the accused. You have all the rights of an accused person: to choose a defence lawyer and consult them, to remain silent, to propose evidence and to inspect the case file (Section 33 of the Czech Code of Criminal Procedure).
The key advice: before you go to the police, find out in what capacity you are being summoned. And if you can, take a lawyer with you.
¶ Your rights
Defence lawyer. An accused person may choose a defence lawyer and have them present at the interrogation and at other procedural steps. If the accused shows that they cannot afford a defence, the court may grant a defence free of charge or at a reduced fee (Section 33(2)). A lawyer can help you even when you are only providing an explanation.
Silence. An accused person does not have to testify, and silence must not be held against them. In the early stages it is usually wiser than volunteering explanations whose effect you cannot foresee.
The record. What you say is written down. Read the record carefully before signing it and insist on correcting anything that does not match what you said.
Interpreter. If your Czech is not good enough for you to follow the proceedings, you have the right to an interpreter.
¶ The five mistakes I see most often
Most of them come from stress or good intentions, yet they can make your situation considerably more complicated.
Do not talk to the police "informally." Not even briefly, and not even if you have nothing to hide. Without legal assistance it is easy to say something that is later taken out of context.
Do not delete your communications. That goes for messages, emails and call history. Deleted data can often be recovered, and the deletion itself looks suspicious. Besides, those records may contain things that help you.
Do not contact the person who filed the complaint. I know this is hard, especially when it is someone close to you. If you have been charged, an attempt to influence a witness can even be a ground for custody (Section 67(b) of the Czech Code of Criminal Procedure). Communicate through your lawyer.
Do not discuss the case on social media. That includes private messages and closed groups. Whatever you write may end up in the case file.
Do not sign anything you do not understand. And do not accept any "quick solution" without consulting a lawyer.
¶ What may come next
Setting the case aside. The police or the public prosecutor find that no criminal offence was committed, or that it cannot be proven. The matter ends there.
Discontinuation of prosecution. If a prosecution is already under way and the grounds for it cease to exist, the public prosecutor discontinues it.
Diversions. For less serious offences, the case can be resolved without a main trial, for example by conditional discontinuation of prosecution, a settlement or a plea agreement.
Indictment. The public prosecutor concludes that the evidence is sufficient and files an indictment. Only then do court proceedings begin.
Each of these routes has its own conditions and time limits, and each calls for a different defence strategy.
A criminal complaint does not mean you are guilty or that you will end up in court. It means someone has set things in motion, and you have the right to defend yourself. That defence needs to be well thought out and conducted with someone who knows the field. The sooner you turn to a lawyer, the more options remain open.
If the complaint is connected to your family situation, you may also find the article Domestic violence and the law useful. It explains where family-law remedies end and criminal-law ones begin.
Has someone filed a criminal complaint against you and you don't know what to do next? In dispute resolution and criminal proceedings, we guide you through every step, from the first explanation you give the police to a possible discontinuation of the prosecution. Write to us, ideally before you go to the police.
¶ Frequently asked questions
Does a criminal complaint mean I will go to trial?
No. A criminal complaint starts a preliminary inquiry, in which the police determine whether an offence occurred at all and whether there is a suspect. A trial begins only when the public prosecutor files an indictment with the court.
Should I take a lawyer when the police ask me to provide an explanation?
Ideally, yes. When providing an explanation you are not an accused person, but what you say can be used later, and you have the right to legal assistance.
Is staying silent at the police an admission of guilt?
No. An accused person has the right to remain silent, and in the early stages silence is often a wiser strategy than spontaneous explanations.
Can I contact the person who filed the complaint against me?
Better not. Any contact can be interpreted as witness intimidation, so communicate with them exclusively through your lawyer.
How can a case end after a criminal complaint?
With dismissal, if no offence was committed or it cannot be proven; with discontinuation of prosecution; with an indictment filed with the court; or, for less serious offences, with a diversion such as conditional discontinuation or settlement. Each path has its own conditions, time limits and consequences.
Am I entitled to an interpreter if my Czech is not good enough?
Yes. If your Czech is not sufficient to understand legal terminology, you are entitled to an interpreter at the state's expense.