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Victim’s rights in case of refusal
or discontinuation of criminal proceeding
 

If you are a victim of a crime and you informed the authorities, the police or the prosecutor will undertake actions to catch the perpetrator. It may happen, however, that the prosecutor or the police refuses to launch the preparatory proceeding (inquiry or investigation in case of more serious crime).
This may happen when the authorities make an official decision to refuse launching the inquiry/investigation.


It is also possible that the proceeding is launched but after evidence is collected and witnesses interrogated, the prosecutor decides that information collected during the inquiry/investigation is insufficient to state that a crime has been committed.
Then, a decision is made to discontinue the proceeding.


Remember that in both instances the authorities are obligated to inform you about the fact by delivering a copy of their decision. The decision should include a note about the possibility to appeal the decision.
Then, you will have 7 days to do that.You will have the right to appeal the decision to the court.

In such a case, you can require the authorities to provide you with access to evidence and files collected during the inquiry/investigation.Once you appeal the decision, the court examines actions taken by the prosecutor or the police, and decides whether their decision was right or otherwise it is waived. In the latter case, the court may require the authorities to undertake specific actions defined by the court or to collect additional evidence.

It is important to remember that the decision will be delivered to the address you have given to the authorities for correspondence. If you change your address in the meantime, please promptly inform the authority responsible for the proceeding.

You should also know that if you are a victim and notified the authorities about the crime, if within 6 weeks you are not informed about launching or refusal to launch inquiry/investigation, you can complain to the superior prosecutor or the prosecutor supervising the authority notified about the crime. The complaint has to be processed within 30 days.