Summary of the criminal process
The following is a summary of the normal stages in the criminal process.
Facts that could be considered crimes appear:
- Through an arrest made by the police;
- Through a report made to the police;
- Through a court complaint.
The person under arrest goes to the police station to make his/her statement to the police, if he or she wishes to do so. If he or she wants, he or she will be taken to the court to give his/her declaration.
Opening the criminal proceedings
The criminal investigation department conducts an investigation into the facts of an event which might constitute a crime under the control of the Judge in charge of the preliminary investigation and the inspection of the court’s prosecutor.
At the end of the investigation there are two possible outcomes:
- No crime has been committed. The investigation is closed and so are the proceedings. The proceedings end without holding a trial;
- Evidence points to the existence of a criminal offence. Criminal investigations are opened.
The proceedings are sent to the Public Prosecutor’s Office to file a bill of indictment and to the counsel for the defence so that he/she can file a statement of defence. Afterwards, the judge sets a date for trial.
When the trial has come to an end, the judge delivers a judgment, which may be:
- a judgment against the defendant
- a judgment for the defendant
An appeal may be filed with a Higher Court against the judgment. This is the end of the procedure.
Details about all of these stages in the process and about your rights can be found in the factsheets. This information is not a substitute for legal advice and is intended to be for guidance only.
Role of the European Commission
Please note that the European Commission has no role in criminal proceedings in Member States and cannot assist you if you have a complaint. Information is provided in these factsheets about how to complain and to whom.
Click on the links below to find the information that you need
- Police questioning
- Statement before the judge
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