What is a motion to prosecute?
A motion to prosecute is a procedural request made by an authorised person asking the competent criminal justice authorities to prosecute a specific offence. In Polish criminal procedure, it is relevant where an offence is not prosecuted solely on the initiative of the state, but requires a formal request from the injured party or another entitled person. The Polish term is usually wniosek o ściganie.
This mechanism applies to selected offences for which the legislator requires the victim’s initiative before the criminal proceedings may be pursued in the ordinary way. The reason is usually the personal or relational nature of the offence, the need to respect the victim’s autonomy, or the fact that prosecution may have significant private consequences. After a valid motion to prosecute is filed, the case is generally conducted by public authorities, such as the police or prosecutor, according to the rules of public prosecution.
A motion to prosecute should be distinguished from a criminal complaint or notification of a suspected offence. A notification informs the authorities that an offence may have been committed. A motion to prosecute is a formal procedural condition for pursuing certain offences. In practice, both actions may occur at the same time, for example when the injured party reports the facts and expressly states that they request prosecution of the perpetrator.
What does a motion to prosecute cover?
A motion to prosecute may be required in various categories of criminal matters, depending on the wording of the Polish Criminal Code or other statutes. It may concern offences where the law expressly states that prosecution takes place upon a motion from the injured party. The exact classification depends on the legal qualification of the act, the relationship between the parties, and the circumstances of the case.
The motion usually identifies the injured party, describes the event, indicates the suspected perpetrator if known, and confirms that the entitled person requests prosecution. It does not always need to contain a detailed legal analysis, but it should be sufficiently clear for the authority to understand that the person is not merely reporting facts, but is also asking for criminal prosecution where such a request is required by law.
Once filed effectively, the motion may have procedural consequences beyond the person initially named by the injured party. Polish criminal procedure provides that, in principle, the authorities may continue proceedings ex officio after the motion is submitted, and a motion concerning some perpetrators may also extend to other persons whose acts are closely connected with the act covered by the motion, subject to statutory exceptions. This means that the injured party does not control every further step of the criminal proceedings in the same way as a claimant controls a civil lawsuit.
Withdrawal of a motion to prosecute is possible only under conditions provided by criminal procedure. It may require the consent of the prosecutor or the court, depending on the stage of the case. In some situations, withdrawal may be restricted or ineffective, and a withdrawn motion generally cannot be filed again. For this reason, filing a motion should not be treated as a purely informal step. It may start a procedure that later cannot be freely stopped by the injured party.
When is legal assistance useful?
Legal assistance may be important both before and after filing a motion to prosecute. For an injured party, a lawyer can assess whether the offence requires a motion, whether the person is entitled to file it, how to formulate the request, and what evidence should be secured at the earliest stage. This may be relevant in matters involving family relations, property disputes, threats, bodily harm, fraud-related conduct, or other incidents where the criminal and civil aspects overlap.
For a suspect or accused person, legal advice may be needed to verify whether the procedural requirement of a motion to prosecute was properly fulfilled. If the law requires such a motion and it was not filed by an authorised person, or was filed too late or in an ineffective form, this may affect the admissibility or course of the proceedings. The defence may also need to analyse whether the alleged conduct has been correctly classified as an offence prosecuted upon motion or as an offence prosecuted ex officio.
Entrepreneurs may encounter motions to prosecute in cases involving employees, contractors, business partners, or family-controlled companies. A criminal complaint filed in a commercial conflict can influence negotiations, civil proceedings, reputation, and internal governance. Before initiating criminal proceedings, it is often necessary to separate genuine criminal conduct from contractual non-performance, debt recovery issues, or corporate disputes.
A prompt consultation with a lawyer may help avoid procedural mistakes, incomplete filings, escalation of disputes, exposure to counter-allegations, or unnecessary financial loss. It may also help determine whether criminal proceedings are the appropriate route, or whether civil, administrative, employment, or compliance measures should be considered in parallel.
Support in matters involving a motion to prosecute
Legal support in relation to a motion to prosecute may include in particular:
- assessment of whether a specific offence is prosecuted upon motion or ex officio,
- preparation or review of a motion to prosecute and accompanying notification of a suspected offence,
- representation of the injured party during contact with the police, prosecutor, or court,
- analysis of evidence and preparation of procedural submissions,
- advice on the consequences of filing or withdrawing a motion to prosecute,
- defence of suspects or accused persons where the validity of the motion is disputed,
- support in cases where criminal proceedings overlap with civil, employment, family, or commercial disputes,
- strategic assessment of legal risks before initiating criminal proceedings.
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See also
- Injured Party
- Indictment
- Perjury
- Punishable Threat