When a person’s right has been violated by another, a complaint should be filed as to seek justice of the purportedly act. A complaint is a document filed in court by the prosecutor in behalf of a person or an entity claiming legal rights against the other person. The complainant is referred as the plaintiff, and the person to whom the complaint is addressed for is referred as the defendant.
Anybody who believes that his or her rights were violated can make a complaint. In the work place, a common type of complaint is an employee sexual harassment complaint. Even customers complain about the products they bought at a store, for some reason about the quality (product expiry date).
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Private Criminal Complaint
A private citizen can report a complaint against another person, and this complaint is called as private criminal complaint. The citizen or the person who made the allegation is now known as an affiant who swore to a written statement confirmed by oath or affirmation.
Though any person can make or report a complaint, there is no guarantee that this complaint reported will be filed. Unless the prosecutor have gathered enough evidences about the charges to be filed against the defendant or the criminal. Refer to employee complaint form and sample complaint forms to see how complaint forms are written.
How To File a Criminal Complaint
A criminal complaint provides proofs or evidences that the defendant should be prosecuted under the government law. In filing a criminal complaint, here are the following that should be included:
- plaintiff’s or complainant’s information (name, contact, address)
- the defendant’s information (such as name and address)
- the alleged offenses that are to be filed
- statements or descriptions of the alleged facts underlying the offenses
- signature and date signed of the complainant
Once the criminal complaint has been submitted to the prosecutor’s office, the prosecutor files the complaint if the case is worth prosecuting. An arrest warrant is issued once the judge approves the filed complaint. An arrest warrant is followed by the scheduling of hearing for both complainant and defendant.
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Guidelines for Criminal Complaint
In filing a criminal complaint, here are the following guidelines that you have to take note:
- make sure that your complaint is pertained to what had just happened recently (not too long ago)
- fill out a complaint form or any kind of forms that will be provided to you from the prosecutor’s office or at the court
- make sure that you know the name and address of the defendant
- state a brief description of what happened
- make a thorough and detailed explanation of accurate facts
- state the essential facts and circumstances that you believe that crimes you have alleged to the person were committed
- make sure that the facts correlate with each other (include all other relevant sources or information you have)
- when the hearing schedules are made, make sure that you are available or else the filing for complaint will be discarded
- follow the ‘How to Fill a Criminal Complaint’ procedures
- the complaint should not contain any abusive language and should be done formally
- do not be afraid if you know and you are confident that you are reasonably right
There are different kinds of complaint forms, it could be for a customer complaint, harassment complaints, service complaint, etc. As long as you believe that you are upright and you have enough evidences to prove that your rights as a human being was degraded, then you can make a report on private criminal complaint.
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