Disagree with a decision to initiate a criminal case (believing it unfounded or unlawful) or a decision not to initiate a case (believing a crime is being overlooked)? In criminal proceedings, the legal tool is a complaint under Chapter XXXIII of the Criminal Procedure Code (Articles 469–478) — not an “appeal”, and the time limit is only 15 days, easily missed.
Who may complain about decisions to prosecute or not prosecute?
Article 469.1, Criminal Procedure Code: agencies, organisations, and individuals may complain about procedural decisions and acts of competent prosecuting agencies and persons where there are grounds to believe the decision or act is unlawful and infringes their lawful rights and interests.
Article 470.1 lists complainable decisions — including procedural decisions of heads and deputy heads of investigation agencies, investigators, chief and deputy chief procurators, and procurators… Among them: decisions to initiate a criminal case and decisions not to initiate a criminal case.
There are two complaint directions with two groups of complainants — do not mix them:
- Persons who reported or informed about a crime → complain about the decision NOT to initiate the case (Article 158.2, Criminal Procedure Code: agencies, organisations, and individuals that reported or informed about a crime may complain about a decision not to initiate a criminal case).
- The accused, the charged person, defence counsel, and persons with related rights and interests → complain about the INITIATION decision (initiating the case — Article 153; initiating proceedings against the accused — Article 179 — are two different decisions with different grounds and legal consequences) where they believe it lacks grounds or is unlawful.
What is the complaint time limit? (Article 471)
15 days from the date the complainant receives or learns of the procedural decision or act believed to violate the law (Article 471.1). Periods of force majeure or objective obstacles are excluded from the time limit (Article 471.2). Missing the deadline means losing the right to complain — the biggest practical trap.
⚠️ The biggest trap: do not confuse the CRIMINAL-PROCEDURE complaint limit (15 days — Article 471, Criminal Procedure Code) with the ADMINISTRATIVE complaint limit (90 days — the 2011 Law on Complaints). These are entirely different regimes; an article on criminal procedure must never cite the Law on Complaints.
Where to file a complaint against a case-initiation decision? (Two-tier scheme — Articles 475, 476)
Tier 1 — complaints about decisions/acts of investigators, investigation officers, and deputy heads of investigation agencies (except urgent detention, arrest, custody, and detention pending trial — which follow the separate Article 474 procedure): file with the head of the investigation agency, decided within 7 days. If dissatisfied → complain to the chief prosecutor of the competent procuracy within 3 days of receiving the decision; the procuracy decides within 7 days → the decision takes legal effect.
Tier 2 — complaints about decisions of the head of the investigation agency and procedural decisions already approved by the procuracy (a case-initiation decision issued by the head of the investigation agency falls in this group): file directly with the chief prosecutor of the competent procuracy (not back to the agency head), first decision within 7 days. If dissatisfied → complain to the chief prosecutor of the directly superior procuracy within 3 days; the superior procuracy decides within 15 days → the decision takes legal effect.
The superior procuracy’s decision is final in complaint resolution — there is no “third complaint” to a higher level. The second complaint has only 3 days — a very short window, easily missed.
Complaining about a decision not to initiate a case
A person who reported a crime but received a decision not to initiate the case may complain about that decision (Article 158.2). The resolution follows the same two-tier scheme in Article 475, depending on who issued the complained-about decision.
Relevant time context: the investigation agency must resolve crime reports within 20 days (complex matters no more than 2 months; one extension of up to 2 months — Article 147); initiation/non-initiation decisions must be sent to the procuracy within 24 hours (Articles 154.2, 158.1). Delays in resolving crime reports may also be complained about under Chapter XXXIII.
Time limits for resolving complaints
- Head of investigation agency / chief prosecutor, first decision: 7 days
- Chief prosecutor of the directly superior procuracy, second complaint: 15 days
- The complaint-resolution decision takes legal effect (final within the proceedings)
Special case (Article 474): complaints about urgent detention, arrest, custody, and detention pending trial follow a separate, faster procedure — resolved within 24 hours, at most 3 days — not Article 475.
The procuracy’s role: annulling unlawful initiation decisions
The procuracy may annul unlawful initiation / non-initiation decisions of the investigation agency (Articles 159.6, 161.1(b), Criminal Procedure Code). If the investigation agency disagrees with the annulment, it must still comply, but may petition the directly superior procuracy (Article 162.2: the superior procuracy decides within 20 days, or 5 days where necessary).
Rights of the complainant (Article 472)
- Complain personally or through defence counsel, a protector of lawful rights and interests, or a representative;
- Complain at any stage of the case proceedings;
- Withdraw the complaint at any stage;
- Receive the complaint-resolution decision; have lawful rights and interests restored and receive compensation for damage.
Complaint vs. denunciation vs. appeal in criminal proceedings
- Complaint: against procedural decisions and acts (Chapter XXXIII) — e.g., complaining about initiation/non-initiation decisions.
- Appeal: against court judgments and decisions — a case-initiation decision is not a judgment, so the appeal procedure does not apply.
- Denunciation: reporting unlawful acts by persons conducting proceedings — different from complaining about procedural decisions/acts; the procedures must not be mixed.
Note: the Criminal Procedure Code contains no express provision on whether a complaint suspends enforcement of the complained-about procedural decision or act (unlike the Law on Complaints 2011) — this should not be asserted as a “general principle” of the Criminal Procedure Code without checking the original text.
Complaint letter: required contents
A complaint against an initiation/non-initiation decision should include: the complainant’s name and address; the complained-about decision or act (number, date, issuing authority); the grounds (why it is believed unlawful and infringing lawful rights and interests — citing specific articles); the requested resolution; accompanying documents and evidence; signature and date. Filing through defence counsel or a knowledgeable representative is advisable to protect the 15-day deadline.
The information above is for reference only and does not constitute legal advice. Applicable instruments: Criminal Procedure Code 101/2015/QH13, consolidated document 104/VBHN-VPQH 2025 — Chapter XXXIII (Articles 469–478); Articles 147, 153, 154, 157, 158, 159, 161, 162, 179.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.