Notifying injured parties
The local police within whose jurisdiction the offence occurred will normally be responsible for the pre-trial investigation. If the report of an offence is made to police other than those within whose jurisdiction the offence occurred, the report will be automatically forwarded to the appropriate place. The police will notify the injured party of this.
If a report of an offence does not lead to a pre-trial investigation, or in the event that the pre-trial investigation is discontinued or the matter is not submitted to a prosecutor for decision, the police have a duty to notify the injured party of this decision immediately.
In offences in which the prosecution rests with the injured party, the police have a duty to notify the injured party that the pre-trial investigation will only proceed if the injured party demands that the guilty party be punished, and that the pre-trial investigation will be discontinued if the injured party withdraws the summary penal order.
The police have a duty to tell the injured party before an interview that he/she is required to tell nothing but the truth and that supplying any false statement is a punishable act. Before an interview, the police must also notify the injured party of when an attorney or support person can be appointed for the injured party.
If, as a result of the offence, the injured party has suffered injury or damage for which he/she is clearly entitled to receive compensation from State funds under the Act on Compensation for Crime Damage, the police have a duty to notify the injured party of the entitlement to compensation and, where necessary, to give him/her guidance on applying for such compensation.
The provisions on notifying injured parties and prosecutors are laid down in the Pre-trial Investigation Act and the Pre-trial Investigation and Coercive Measures Decree.
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