As life becomes more complex, there’s a growing trend of seeking legal assistance when facing injustice. Recent news highlights this, from an employee suing their boss over a forklift accident to a celebrity filing a criminal complaint due to stalking. ‘Filing a complaint’ is no longer a distant concept. However, even when deciding to file a complaint, many feel overwhelmed about where and how to begin. The complexity of legal procedures often leads people to give up prematurely or fear making mistakes. Therefore, today, we aim to clearly outline the key stages of the complaint process and provide a practical guide that considers changes up to 2026.
Filing a Complaint: Where to Start? The Essentials of Drafting a Complaint
The first step in filing a complaint is drafting the complaint document. A complaint is not merely an expression of grievance. It is a legal document that clearly organizes the facts and logically outlines which crime has been committed, enabling investigative agencies to recognize criminal charges and initiate an investigation. Since the adjustment of investigative powers between the police and prosecutors, the importance of a well-prepared complaint has grown, as poorly drafted ones may be rejected.
- Complainant and Respondent Information: Accurately state the personal details of the complainant (victim) and the respondent (perpetrator). Even if you don’t know all the respondent’s information, it’s best to provide as much detail as you know.
- Criminal Facts: Describe the incident’s date, time, location, circumstances, and damages in a specific and objective chronological order, following the “who, what, when, where, why, how” principle. It’s crucial to focus on facts rather than emotional expressions.
- Evidence: Objective evidence supporting the criminal facts must be submitted. All evidence, such as recordings, photos, videos, and message logs, significantly impacts the investigation.
- Intent to Punish: Clearly state your desire for the perpetrator to be punished.
If you find it difficult to draft a complaint, it is wise to seek assistance from a legal professional or refer to relevant guides.
Police Investigation: What is the Process?
Once a complaint is filed, investigative agencies commence a full-scale investigation. As of 2026, most criminal complaint cases are initially investigated by the police.
- Case Reception and Assignment of Investigator: Upon receiving a complaint, the case is assigned to the competent police station, and a dedicated investigator is appointed.
- Complainant Interview: The investigator summons the complainant to verify the facts in the complaint and hear additional statements. These statements can determine the direction of the case, so careful consideration is essential.
- Respondent Investigation and Evidence Collection: Subsequently, the respondent is summoned for questioning, and a full-scale investigation proceeds, including securing additional evidence beyond what was submitted.
- Investigation Conclusion and Referral to Prosecution: Based on the investigation results, if charges are recognized, the police refer the case to the prosecution (with an opinion to indict). If there are no charges or insufficient evidence, they make a decision not to refer the case. If the complainant disagrees with the decision not to refer, they can file an objection with the prosecution.
Prosecutorial Stage and 2026 Changes
Cases referred by the police are transferred to the prosecution for another legal review. Significant changes to the prosecutorial system are anticipated in 2026, which warrant attention.
- Prosecutorial Review and Further Investigation: The prosecutor reviews the police investigation records and, if deemed necessary, can direct further investigations or conduct investigations directly.
- Decision to Indict or Not to Indict: The prosecutor ultimately decides whether to send the suspect to trial (indictment) or to close the case (non-indictment) due to lack of charges, suspension of indictment, etc. The complainant can appeal a non-indictment decision.
- Changes in Prosecutorial Investigative Powers in 2026: Starting in October 2026, the Public Prosecutors’ Office is scheduled to be abolished, and the Public Prosecution Service and the Serious Crime Investigation Agency will be established. Consequently, there will be changes in the complaint reception channels and investigative bodies: general crimes must be reported to the police, while six major serious crimes, such as corruption and economic offenses, must be reported to the Serious Crime Investigation Agency. If you have an ongoing case or plan to file a complaint in the future, you should be aware of these changes and prepare accordingly.
Withdrawal of Complaint: Why Caution is Necessary
During the complaint process, if an agreement is reached with the victim or if you no longer wish to proceed with the case, you can withdraw the complaint. However, there are many aspects that require caution when withdrawing a complaint.
- Crimes Requiring a Complaint and Crimes Against the Victim’s Express Will: The effect of withdrawing a complaint varies depending on the type of crime. For crimes requiring a complaint (where punishment is only possible if the victim files a complaint) or crimes against the victim’s express will (where punishment is not possible if the victim does not wish for it), withdrawing the complaint terminates the case. Assault and defamation are examples of crimes against the victim’s express will.
- No Re-filing: If a complaint is withdrawn, it cannot be re-filed for the same incident. Therefore, careful consideration is necessary before deciding to withdraw.
- Timing of Withdrawal: A complaint can be withdrawn until the pronouncement of the first-instance judgment. It is crucial to clearly communicate the intention to withdraw in writing, and merely submitting a settlement agreement may not be recognized as a withdrawal of the complaint, so caution is advised.
Withdrawing a complaint also has significant legal implications, so it is essential to consult with a professional to make the best decision for your specific situation.
The complaint process is a legal response that goes beyond a simple report. Each stage requires a cautious approach and thorough preparation. By considering the changes in the legal system up to 2026 and seeking expert assistance, you can more effectively protect your rights. If you find yourself in an unjust situation, do not hesitate to seek accurate information through legal consultation and respond wisely.