How do I file a criminal complaint?
Depends on the type of crime: a complaint isn't always required, but when it is, there's a 6-month deadline. The basis is the Penal Code (art. 115). There are three categories: public crimes (the Public Prosecutor acts alone — e.g. domestic violence, homicide); semi-public (there's only a case with a complaint — e.g. simple assault, theft, fraud); and private (complaint + private accusation — e.g. defamation, insult). The deadline to complain is 6 months from when you knew the fact and the perpetrator. You file at any PSP/GNR post, the Judicial Police or the Public Prosecutor, or online for certain crimes — always free. In short: it depends on the crime, and you have 6 months.
📋 The rules
- Three types: public, semi-public and private
- Public: the Public Prosecutor acts without a complaint
- Semi-public/private: needs the victim's complaint
- Deadline of 6 months from knowing the fact and author
- File at the PSP/GNR or Prosecutor, free
🔓 Exceptions
- Public crimes can't be "withdrawn" (e.g. domestic violence)
- Withdrawal possible until sentence, if the accused doesn't object
- Online complaint only for listed crimes
⚠️ Penalties & fines
Filing a complaint is free. But a false complaint is a crime: calumnious denunciation (art. 365 of the Penal Code) is punishable by up to 3 years or a fine, and simulating a crime (art. 366) by up to 1 year or a fine — these hit whoever lies, not the legitimate victim. Beware the Brazil confusion: there "queixa-crime" is a written court petition filed by a lawyer to start a private criminal action, and "denúncia" is the Prosecutor's charge; in Portugal, a complaint is the victim's request for proceedings (no lawyer), a denúncia is merely reporting facts, and the charge is drawn up by the Prosecutor. To file: go to the PSP/GNR or the Prosecutor within the 6 months, with whatever details you have.
📎 Official sources
❓ Frequently asked
Do I always have to file a complaint?
No. It depends on the type of crime. In public crimes, like domestic violence or homicide, the Public Prosecutor pursues the case regardless of a complaint. In semi-public and private crimes, though, there's only a case if the victim files a complaint, which is indispensable for the matter to proceed.
What's the deadline to file a complaint?
The deadline is six months, counted from the moment you became aware of the fact and the identity of its author. If you let that deadline pass, the right to complain lapses and, for crimes that depend on it, the case can no longer proceed. So it's wise not to delay filing the complaint.
Where do I file a criminal complaint?
You can file the complaint at any PSP or GNR post, the Judicial Police or directly with the Public Prosecutor. For some crimes, there's also the option of an electronic complaint, via the electronic-complaints portal. Filing is free, with no cost to the complainant.
Can I withdraw the complaint?
In semi-public and private crimes, you can withdraw the complaint up to the first-instance sentence, provided the accused doesn't object. Once approved, the withdrawal can't be renewed. In public crimes, like domestic violence, withdrawal isn't possible, as the Prosecutor proceeds regardless.
Is a complaint the same as in Brazil?
No, the meaning differs. In Brazil, the queixa-crime is a written petition, filed by a lawyer in court, to start a private criminal action. In Portugal, a complaint is just the victim's request for a case, needs no lawyer, and the charge is later drawn up by the Public Prosecutor.
🔎 Common searches
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