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How to file a professional complaint! (Part II)
In the first part of the article it was already reported when you should contact the police and when you should contact the public prosecutor's office when reporting a complaint, as well as where the Difference between a file and a business reference consists. Now learn more about how you, as an entrepreneur, proceed professionally when reporting your advertisements.
The “Js” trade mark can be used in civil proceedings as evidence that the public prosecutor's office already sees an initial criminal suspicion against the person charged. If this evidence plays a role in the respective individual case, it is advisable to submit the notification directly to the public prosecutor and not to send to the police.
Reporting to the police in urgent cases
Reporting a complaint to the police is advisable in all cases in which Immediate measures initiated as soon as possible must be, for example because there is a risk of blackout. In these cases, it is best to inquire about the responsible police headquarters via the telephone directory of the responsible police headquarters and call them directly and describe the case or make a personal presentation. Reporting a complaint to a police station creates one unnecessary intermediate way of the additional time costs.
Don't take hasty action
However, this is only advisable in extremely urgent cases. You are certainly not making yourself popular with the criminal investigation department if you call or make an appearance about every case or every little thing; It is not for nothing that there is a police station on every corner that is responsible for the so-called first attack. If you make a written complaint to the public prosecutor or the police, you should include the prompt notification the reference number or file number as well as the Name and extension from the responsible clerk.
Request for notification of the outcome of the proceedings in the event of criminal charges: sample
In both cases, you should also use the Notification of the outcome of the proceedings ask. This could be formulated as follows, for example:
I (we) ask for immediate notification of the reference number, the telephone and written contact of the responsible clerk and notification of the outcome of the proceedings.
A mistake that is often made is that in the letter to the police or the public prosecutor's office, the reporter formulates that the person reported would have committed this or that crime. However, if this is in retrospect turns out to be untrue, this may be a Investigations against the complainants entail.
Even lawyers are cautious in this matter and usually describe the matter as factually as possible and only ask for it Examination for relevance to criminal law. In addition, it is often formulated in such a way that complaints are filed because of of all relevant facts he follows. This approach is professional and recommended. There is a lot more to say on the subject, but that would go beyond the scope of this article. Professional reporting of complaints can make a significant contribution to the success of the matter and often prevent serious disadvantages for the complainant.
Training courses and seminars on the topic are recommended.
Investigative authorities obliged to prosecute
Finally, it should be mentioned that state investigative authorities are generally obliged to prosecute. This means that there cannot be any kind of advice from investigative authorities in this sense, because both the police and the public prosecutor's office become independent of the will of the reporter generally initiate a preliminary investigationif you become aware of facts that contain an initial criminal suspicion. The only exception form the so-called "pure application offenses", such as Trespassing or insulting. These cannot be prosecuted by the investigating authorities unless a criminal complaint has been submitted.
Read the first part here:
How to file a professional complaint! (Part One)
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