Crimes > Pre-trial investigation of an offence > Offences subject to public prosecution and offences in which the prosecution rests with the injured party

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Offences subject to public prosecution and offences in which the prosecution rests with the injured party

Most offences are subject to public prosecution, i.e. the police can investigate them and a prosecutor can prefer charges for them even if the injured party does not demand any punishment.

Offences in which prosecution rests with the injured party (e.g. defamation, breach of domestic peace) can only be investigated by the police in cases where the injured party has notified the police or a prosecutor that he/she demands punishment for the guilty party. If the injured party withdraws his/her demand for punishment during the pre-trial investigation, the police will discontinue the investigation.

For certain offences whose prosecution rests with the injured party (e.g. domestic violence), the prosecutor is also entitled to prefer charges even if the injured party does not demand punishment, where this is judged to be in the public interest. There are also situations in which the injured party requires proof that the offence took place in order to pursue some further action or receive some particular benefit. A pre-trial investigation would thus be undertaken even though the injured party is not demanding punishment for the guilty party.

Provisions on offences whose prosecution rests with the injured party are laid down in the Penal Code.

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