Lawyer for the victim - when nobody investigates the case and nobody compensates the loss
In criminal proceedings the victim is the least protected participant: the accused has a lawyer, the state has a prosecutor, and the victim has a complaint to which a reply may not come for months. An investigation is opened and "stalls", status is not granted, the case file is not shown, and the loss lies entirely outside the investigator's sphere of interest.
This page describes what a lawyer does on the victim's side: how to write a complaint so that an investigation actually starts, how to obtain status and its rights, how to compel the prosecutor to act by way of complaint, and how to recover the loss - within the criminal case or through a separate civil claim that does not wait for the criminal case.
Updated · Practice area: Criminal defence lawyer
Complainant and victim - two different statuses with different rights
Filing a complaint with the police does not grant victim status automatically. A complainant is only a source of information; a person is recognised as a victim by the prosecutor's decision, once the harm caused by the crime is established. The difference between the two statuses is practical: a victim has the right to access the case file, to information on the progress of the investigation, to request investigative actions, to challenge the prosecutor's decisions and to give an opinion on a plea agreement - a complainant does not.
In practice the grant of status is often delayed, and the lawyer's first task is exactly to demand it in writing, with a deadline, and to appeal in case of refusal. Without status the victim watches the case from outside and learns only what the investigator chooses to say.
The second common problem is the "civil matter" reply: the police say that an unpaid debt, a breach of contract or a property dispute is not a criminal matter. Sometimes that is true; often the complaint is simply written in a way that hides the elements of a crime. A complaint drafted by a lawyer builds the facts on the elements of a specific article - and that sharply changes the likelihood of an investigation being opened.
The victim's lawyer in six steps - from the complaint to recovering the loss
A complaint built on the elements of the article
Not "I was cheated" but: who, when, by what act, with what loss, with what evidence - according to the elements of a specific article of the Criminal Code. A list of evidence and a demand to preserve originals (video, correspondence, bank records) the same day - video recordings are deleted within days.
Demanding status and the file
A written motion for recognition as a victim from the start of the investigation; after it is granted - access to the case file at the stages the law allows. A refusal or silence is appealed to the superior prosecutor.
Initiating investigative actions
A victim has the right to request specific actions: questioning a witness, an expert examination, seizing video, checking accounts. The lawyer drafts motions so that a refusal requires reasons - an unreasoned refusal is a ground for appeal.
Challenging inaction and discontinuance
A decision to discontinue the investigation, not to start prosecution, or delay - to the superior prosecutor, then to court. The deadlines are short and run from service of the decision; the lawyer demands service so that the deadline does not "expire" without notice.
Compensation
Two routes in parallel: fixing the amount of loss in the criminal case (awarded in the verdict) and a separate civil claim, which does not wait for the end of the criminal case and allows attachment of the accused's property. Discontinuance of the criminal case does not cancel the civil claim.
Agreement and trial
The victim's opinion on a plea agreement is heard, and compensation can be written in as a term of the agreement - the lawyer negotiates this with the prosecutor. At trial the victim is both a witness and a party: testimony, questions to the accused, a position on the sentence.
The victim's rights by stage - what you ask for and from whom
What to preserve on the very first day - before it disappears
- Video recordings: shop, entrance hall, traffic cameras - operators delete them within 3-30 days; a lawyer's letter demanding preservation the same day.
- Correspondence and call history in full, as screenshots and exports - a deleted message cannot be restored later.
- Medical documents on injuries - emergency services, a trauma specialist, dated photos; an expert examination of harm to health shows less after several days.
- Bank statements and transfer details in property crimes - the recipient's account, the time, the purpose.
- A list of witnesses with contact details - who saw what; a witness finds it harder to testify later.
- Documents on the loss: valuations, receipts, contracts, lost income - for a civil claim the amount must be measured from day one.
Three situations where the victim needs a lawyer more than a prosecutor
Online fraud, "not a crime"
An online transfer, the seller vanished, the police say it is a civil dispute. The lawyer's complaint with the elements of deception (a false identity, non-existent goods, a pattern) and a demand that the bank identify the recipient. Outcome: an investigation is opened and the recipient's account attached.
Assault, case discontinued "for lack of witnesses"
The expert report confirms injuries, the accused denies it, the investigation is discontinued. The lawyer appeals the discontinuance with demands for camera footage, phone location and additional witnesses. Typical outcome: the investigation is reopened and charges brought.
The accused has assets but the loss is not returned
The verdict is out, the loss is "acknowledged", the money is nowhere. A separate civil claim with interim measures in the very first week - attachment of the accused's property before it is transferred. Enforcement does not wait for the verdict.
How long and what the victim's protection costs
- The complaint
- There is no deadline, but limitation and the disappearance of evidence apply - the earlier, the more video and witnesses. In private prosecution cases (defamation, for example) the deadlines are stricter.
- Appeals
- A decision to discontinue the investigation or not to prosecute - within a short period from service to the superior prosecutor; their refusal - to court. The date of service is the most frequently disputed point.
- Civil claim
- Limitation on a claim for loss is 3 years from learning of the crime and the offender; a claim for damage caused by a crime is exempt from the court fee. Attachment together with the claim, within days.
- Fees
- Victim representation is agreed by stage or as a percentage of the loss recovered. In a successful civil claim the lawyer's costs are charged to the defendant. The cost of the first consultation is visible on each lawyer's profile.
Questions about victims' rights
I filed a complaint two months ago and there is no reply. What can I do?
A written request to the investigator on the status of the investigation and on recognition as a victim, with a deadline for reply. Without a reply - a complaint to the superior prosecutor about inaction. This is not a conflict but standard procedure, and experience shows that after a lawyer's complaint the case "comes alive".
The police said my matter is civil and no investigation will be opened.
An oral refusal means nothing - the complaint is registered in writing and there must be a written decision on it, which can be appealed. Often the matter really is civil, but often the elements of deception or embezzlement are simply missing from the complaint. A lawyer distinguishes the two in one consultation.
The accused made a plea agreement and nobody mentioned my loss.
An agreement does not cancel the claim for loss - a civil claim against the convicted person is filed on the basis of the verdict, and the admission of guilt works in your favour in that claim. For the future: a victim with status has the right to give an opinion on the agreement, and the lawyer demands that compensation be a term of it.
The accused is threatening me to withdraw the complaint.
A threat is a separate crime and must be recorded immediately - a complaint, a recording, a witness. A request to the prosecutor for protection measures: a ban on contact, a stricter preventive measure for the accused. In a public prosecution case "withdrawing" the complaint does not stop the investigation, and the accused knows that too.
Should I claim compensation within the criminal case or separately?
Both: fixing the loss in the criminal case is free and is reflected in the verdict, but the court often leaves it "for consideration under civil procedure". A separate civil claim is exempt from the court fee, does not wait for the criminal case and gives the main tool - attachment. The lawyer runs both in parallel.
Lawyers on the victim's side
Protecting a victim is a different skill from defending an accused - working with the prosecutor, not against them. Within 15 minutes the coordinator connects you with a lawyer who works on this side.
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Call: 568 330 318You were harmed and the case is going nowhere? The complaint needs rewriting
At a free consultation a lawyer reads your complaint and the investigator's reply and tells you whether the matter is criminal or civil and where recovery of the loss begins - within 15 minutes the coordinator will contact you.