A Private Criminal Complaint – When the State Does Not Press Charges
A private criminal complaint under Section 68 of the Criminal Procedure Law allows a private individual to conduct criminal proceedings against someone who harmed them, without the State.
What is a criminal complaint?
A private criminal complaint, under Section 68 of the Criminal Procedure Law, allows a private individual to conduct criminal proceedings himself against someone who harmed him, without the state. The complainant personally files a "private indictment" with the Magistrate's Court, and he, through his attorney, fulfills the role of the prosecutor: presents evidence, examines witnesses, and sums up. At the end of the proceeding, the defendant may be criminally convicted in every respect.
For which offenses can a complaint be filed?
Only for offenses listed in the Second Schedule to the Criminal Procedure Law, including: common assault, threats under certain circumstances, trespass, damage to property, defamation (the criminal publication offense), violation of privacy, harassment, and offenses under intellectual property laws. These are precisely the offenses that the police tend to close for "lack of public interest," and the complaint is the answer: when the state has chosen not to act, the injured party acts on his own.
A powerful tool, also as a means of pressure
A well-drafted complaint changes the balance of power in disputes: neighbors, online defamation, business and family disputes. The respondent faces the risk of a criminal conviction, and this often ripens into a settlement: an apology, compensation, and removal of publications. On the other hand, anyone against whom a complaint has been filed must treat it with full seriousness: this is a real criminal proceeding, and the prosecution is even authorized to take it over and conduct it itself.
Legal representation in complaint proceedings
Advocate Israel Arama, a former member of the Tel Aviv District Attorney's Office, drafts and conducts private criminal complaints for injured parties whom the system has turned its back on, and defends respondents against baseless complaints. Contact us for an initial consultation with no obligation.
Schedule a Consultation
Service area: Nationwide · High availability in urgent matters. Leave your details and we'll get back to you, or open a WhatsApp message for a quick, discreet response.
Schedule a Consultation