Complaint for violation of law

The Minister of Justice may lodge a complaint for violation of law with the Supreme Court against a final decision of a court or public prosecutor which violated the law or was made on the basis of a defective procedure.

The convicted person himself cannot lodge a complaint for the violation of law. He can only prepare the incentive. It is up to the Minister of Justice to decide whether a complaint for the violation of the law can be lodged. Statistics show that only a small proportion of complaints are filed for the violation of the law. However, if it is already filed, it is usually successful.

The potential grounds for filing a complaint are relatively broad. Generally speaking, however, complaints based on factual grounds, as well as those which use arguments that have already been examined in a previously filed extraordinary appeal or constitutional complaint, have a low chance of success. Similarly, new facts and evidence cannot be successfully adduced in a complaint for the violation of law, hence, they may constitute grounds for a new trial.

There is no time-limit for lodging a complaint for the violation of law (or incentive).