How do you complain about the investigating authorities and ask for compensation?
Rigth to complain
The investigating authorities are allowed to conduct certain investigation activities which also involve you, during your detention on remand. Read more about investigation activities. When conducting the investigative activities, the police or the prosecution, must respect your procedural and human rights. 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 an investigation?
Certain violations of your procedural and human rights during an investigation may influence the outcome of your case. For example, where you have been threatened to give up information that incriminates you, 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 an impact on the outcome of your case.
Where to submit the complaint?
You can complain about the behaviour of members of an investigation team to the supervising prosecutor, who supervises the observance of legality before the commencement of criminal prosecution and in pre-trial proceeding. 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 people within the prosecution.
Submission deadlines
There is no specific deadline for submission of your complaint in cases, in cases you are complaining about the actual proceeding or a procedure that is not based on a formal resolution of the police. However, keep in mind that, it is always best to complain as soon as possible.
In cases when you challenge formal resolution (e.g. resolution not to provide you an interpreter) you must comply with the general deadlines of 3 days after you receive the challenged decision.
Read more about the right of an accused to complain during a pre-trial stage of the criminal proceeding.
Compensation
If you believe that your rights were violated during the investigation process, you can also request compensation.
Read more how to request compensation: