I received a criminal complaint
First steps after receiving a criminal complaint or a summons from the competent authority.
What to do
The first step is to distinguish between learning that "someone has filed a complaint" and an official act of the competent authority. A criminal complaint is submitted to the public prosecutor's office, and it is the prosecutor's office that decides on the further course of action - informal information, rumors, or the other side's announcement that they will "file a complaint" do not by themselves create any obligation or trigger any deadlines for you.
If the competent authority serves you with a summons for questioning, that is the moment when specific rights and obligations are activated - identical to those that apply to any police or prosecutor's summons for questioning: the right to say nothing, the right to a confidential conversation with defense counsel before the questioning, and the right to have defense counsel present during the questioning. These rights are not diminished by the fact that the proceedings were initiated based on a complaint filed by another citizen rather than by the authority acting on its own initiative.
Until that moment, it makes sense to preserve documentation and evidence relating to the event the complaint might concern, but without directly contacting the person who filed the complaint, the injured party, or witnesses - such contact can make your position more difficult later in the proceedings, even when the intention was to "clear things up" outside the proceedings.
When to consult a lawyer
Consulting a lawyer makes sense as soon as you learn that a complaint may have been filed, and before any contact with the authorities or the other side - this gives you a realistic assessment of the situation and a strategy prepared in advance in case a summons follows. Engaging defense counsel becomes practically necessary the moment you receive a summons for questioning as a suspect, and it is mandatory by law in specifically prescribed cases (for example, if detention is ordered or the case concerns a criminal offense carrying a more severe penalty).
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 1, 2 and 78
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
- Criminal Procedure Code (Zakonik o krivičnom postupku), Arts. 2, 51, 65, 68, 69, 280-290 and 499
What to do
- Check whether you have actually been served with an official summons, decision, or other act of the competent authority (the police, the public prosecutor's office, or the court) - learning that a 'complaint has been filed,' without an official document, does not by itself trigger any obligation on your part.
- If you receive a summons for questioning as a suspect, the same rules apply as for any police or prosecutor's summons for questioning - the right to say nothing and the right to defense counsel from the first questioning.
- Consider engaging defense counsel to follow the further course of the proceedings, including the possibility of reviewing the case file once the statutory conditions for that are met.
- Avoid contacting the person who filed the complaint, the injured party, or potential witnesses on your own to 'clear up the situation' - such contacts can be interpreted as an attempt to influence evidence or witnesses.
- Follow further written communication from the competent authority; summonses and decisions are served at your registered residence or temporary address, or through defense counsel if one has already been engaged.
- Keep all documentation relating to the event to which the complaint may relate (correspondence, receipts, recordings, witnesses) - it may become relevant once you are called upon to make a statement.
What it costs
The fee for the defense depends on the prescribed penalty for the criminal offense to which the complaint relates. Consultation before you are formally summoned is usually charged by agreement, within the limits set by the tariff, regardless of whether proceedings are initiated at all.
Basis for the attorney fee: Item 1 (fee basis according to the prescribed penalty) together with Item 2 (defence in pre-investigation and investigation proceedings) of the Tarifa o nagradama i naknadama troškova za rad advokata (the Tariff on Attorneys' Fees and Expense Reimbursement); for consultation alone, before any proceedings are initiated, Item 78 (legal advice and opinions) applies.
FAQ
Will I be notified immediately if a criminal complaint has been filed against me?
Not necessarily. A notice or summons arrives only if the competent authority assesses that there are grounds for further action. If the prosecutor's office rejects the complaint already at this stage, the person against whom it was filed may not be formally notified of it at all.
What if I believe the complaint against me is unfounded or malicious?
The assessment of whether the complaint is well-founded is made by the competent public prosecutor's office based on the evidence gathered. Your version of events, evidence, and any witnesses in your favor can be presented once you are called to make a statement, as a rule with defense counsel present.
Does a filed complaint automatically mean an indictment will be raised?
No. The public prosecutor's office may reject the complaint if there are no grounds for suspicion that the offense was committed, or if other statutory conditions for prosecution are not met. An indictment is raised only after an investigation has been carried out, if the statutory conditions for that are met.
Can I find out who filed the complaint against me and what exactly it alleges?
That depends on the stage of the proceedings. At the early review stage, access to the case file is generally not open; once the statutory conditions are met (for example, after an investigation is opened or a summons for questioning is issued), access becomes possible, as a rule through defense counsel.