This practice has serious consequences for the persons under investigation, as the admission of a complaint automatically implies the initiation of criminal proceedings.
The current legislation, specifically Article 313 of the Criminal Procedure Act, is poorly drafted and gives judges limited scope to assess the admissibility of a complaint. Currently, it is sufficient that the facts can fit into a criminal type and that the court has jurisdiction, without any further filter on the plausibility or intentionality of the complaint.
The article proposes revising the admissibility system, suggesting mechanisms such as:
- Tightening of the prerequisites,
- Prior assessment by the Public Prosecutor's Office,
- Or the promotion of alternative mechanisms such as mediation or conciliation before filing a complaint.
These measures seek to avoid the instrumentalisation of the criminal process and to protect both the people affected and the judicial system itself.
