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What is a crime where prosecution rests with the plaintiff and a crime subject to official prosecution?

Most crimes are so-called indictable offences, i.e. crimes subject to official prosecution, in which case the police may investigate them and the prosecutor may prosecute, even if the plaintiff does not demand punishment for them. Some less serious crimes are offences in which the prosecution rests with the plaintiff, in which case the police may only investigate if the plaintiff has reported it to the police, or the prosecutor, and demands punishment.

If the plaintiff cancels his/her punishment demands during the preliminary investigation, the police will stop the investigations. If it is considered necessary, the prosecutor has the right to prosecute for certain crimes, even if the plaintiff has not demanded punishment.

Examples of crimes subject to prosecution by the plaintiff

  • Petty theft
  • Defamation
  • Minor assault (excluding assault in close relationships)
  • Minor fraud
  • Damage to private property
  • Violation of privacy through information dissemination
  • Home invasion
  • Unlawful threat (exceptions include threats with a deadly weapon or threats aimed at someone in a professional or public trust role)
  • Sexual harassment or unauthorized distribution of sexual images of an adult

In many cases, the prosecutor can press charges even in crimes subject to prosecution by the plaintiff if an especially important public interest is at stake. For instance, if the same perpetrator has harassed multiple people, public prosecution may be warranted. Similarly, if the property damage has affected multiple victims – for instance, if several cars were damaged by the same perpetrator.

Examples of crimes subject to public prosecution

  • Basic and aggravated assault. Also minor assault if it occurs in close relationships.
  • All sexual offenses except sexual harassment of an adult or unauthorized distribution of sexual images, unless an especially important public interest requires prosecution.
  • Human trafficking
  • Theft (except if the property belongs to a family member, close relative, or cohabitant)
  • Fraud and aggravated fraud
  • Robbery