Indictment – definition
In Polish criminal law, an indictment is a formal written accusation submitted by the public prosecutor to the court, charging a suspect with a specific criminal offense. It marks the conclusion of the preparatory proceedings phase and initiates the judicial trial phase. The indictment presents the details of the accused’s alleged criminal conduct, including the time, place, manner, and circumstances of the offense, as well as the relevant provisions of the Penal Code that have been violated.
The indictment must be supported by factual and evidential justification, outlining the basis of the accusation and referring to the evidence collected during the investigation. Once filed with the court, the indictment causes the suspect to become the accused, and the court sets a date for the trial. The document also indicates the competent court to hear the case. In Poland, there are different types of indictments such as public, private, and subsidiary indictments, depending on who files the charge and the type of offense.
Key aspects of the concept
- An indictment is filed by the public prosecutor following the preparatory investigation, if there is sufficient evidence indicating that an offense has been committed.
- It contains personal data of the accused, a detailed description of the alleged crime, including its circumstances and consequences, and the legal grounds for the accusation.
- The indictment transitions the case from investigation to court trial.
- The accused has the right to receive a copy of the indictment and respond to it prior to trial.
- Types of indictment include public indictment (filed by the state prosecutor), private indictment (filed by a victim in certain cases), and subsidiary indictment (filed by the victim if the prosecutor refuses to indict).
- The indictment must comply with formal requirements to be accepted by the court.
Examples of use of “Indictment”
- After an investigation into a robbery, the public prosecutor files an indictment charging the suspect with theft and assault.
- A victim of defamation may file a private indictment against the alleged offender in cases where the law permits.
- If the prosecutor declines to prosecute a case of fraud, the injured party may file a subsidiary indictment to initiate court proceedings.
- The indictment details the accused’s identity, the precise description of the crime, and a justification based on collected evidence.
See also
- Public Prosecutor
- Private Indictment
- Subsidiary Indictment
- Pre-Trial Proceedings