An offence prosecuted on complaint (klachtdelict) is a criminal offence that the Dutch Public Prosecution Service may only prosecute if the victim asks for it. The complaint must as a rule be filed within three months (Article 66 of the Dutch Criminal Code, Sr). Without a timely complaint, the prosecution is inadmissible.
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Which offences require a complaint?
Some offences always require a complaint, such as defamation, libel and insult (Article 269 Sr, unless the victim is a public official on duty) and breach of professional secrecy against a specific person (Article 272(2) Sr). Others require a complaint only because of the relationship between offender and victim. Theft by a close relative, such as a child or a brother, is only prosecuted on complaint (Article 316(2) Sr). The same applies to embezzlement and fraud within the family.
How do you file a complaint?
A complaint is a police report with an explicit request for prosecution (Article 164 of the Code of Criminal Procedure). Make sure the request is recorded in the official report. A report without that request is not enough.
Which deadlines apply?
The complaint period is three months from the moment the victim learned of the offence, or nine months if the victim lives outside the Netherlands. A complaint can be withdrawn within eight days (Article 67 Sr) and cannot be filed again afterwards. Assault and threats are not offences prosecuted on complaint.
Related terms
See also defamation and libel, reporting a crime and dismissal of a case.
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