A criminal offense is a harmful act (action or inaction) committed intentionally (deliberately) or through negligence, which causes or may cause harm to society or individuals and which is punishable under the Criminal Code.
A natural person who has reached the age of fourteen by the date of the criminal offense is subject to criminal liability. A minor, i.e., a person who has not reached the age of fourteen, is not subject to criminal liability (Article 11 of the Criminal Law).
The reason for initiating criminal proceedings is the submission of information to the investigating authority or court indicating that a criminal offense may have been committed, or the receipt of such information by the authority responsible for criminal proceedings (in accordance with Article 369 of the Criminal Procedure Law).
- The aforementioned information may be submitted by a person who has suffered as a result of a criminal offense — as a submission:
- by supervisory and monitoring authorities — in accordance with the procedure laid down in the regulatory enactments governing their activities;
- by medical personnel or institutions — as a report on injuries, illnesses or deaths that may have been caused by a criminal offense;
- child protection agencies and non-governmental organizations — as a report on violations of the rights of minors that may have been caused by a criminal offense;
- any natural or legal person — as information about possible criminal offenses from which they themselves have not directly suffered;
- any person about a criminal offense they themselves have committed — as a submission.
Criminal proceedings cannot be initiated on the basis of anonymous information or information whose source the submitter refuses to disclose.
The basis for initiating criminal proceedings is information received about a possible criminal offense that has actually occurred. Criminal proceedings may also be initiated if the information contains information about a possible criminal offense and can only be verified by means and methods of criminal proceedings (in accordance with Article 370 of the Criminal Procedure Law).