A well-drafted criminal complaint is a powerful tool for defending victims of property crimes. More than just reporting facts, it organizes evidence, frames the legal narrative, and allows for faster and more effective responses from the criminal justice system.
In football, Dutch legend Johan Cruyff’s philosophy can be summed up like this: plays that start well tend to end well. The logic in criminal proceedings is similar.
Whether it’s a company or an individual, the way a property crime case begins — the quality of the information, the structure of the evidence, the strategy chosen — directly impacts how quickly and effectively the State will respond.
From Formality to Strategy: The Evolution of the Criminal Complaint
For years, the criminal complaint was treated like a “fancy police report”: a generic document, summarizing facts with scattered attachments and witness names — often starting with the company representative.
That model is now outdated. With the rise of private investigations and support from Provision No. 188/2018 of the Brazilian Federal Bar Association (OAB), the criminal complaint has become a strategic procedural tool: with a solid narrative, assembled evidence, well-founded precautionary requests, and a clear legal structure.
It’s no longer just a request to open an investigation — it launches the criminal prosecution from day one. In this sense, the criminal complaint plays a growing role in the defense of victims of property crimes.
Private Investigation as the “Zero Phase”
The role of the victim’s attorney has expanded. Defensive investigation is no longer exclusive to the defendant. When conducted with rigor and responsibility, it can also serve the victim by:
- interviewing witnesses voluntarily;
- gathering internal company documents;
- consolidating timelines and financial flows;
- identifying available digital evidence;
- establishing authorship and materiality from the outset.
This gives the criminal complaint depth — and it may even fulfill the requirements of Article 39, §5 of the Brazilian Code of Criminal Procedure, which allows the prosecutor to file charges without a formal police investigation, provided that there is sufficient evidence of materiality and authorship.
What if the Prosecutor Still Requires a Police Inquiry?
Even when the Public Prosecutor’s Office refers the case to the police, the criminal complaint remains valuable. It delivers structured, pre-investigated material to the police, reducing investigative time and focusing law enforcement efforts.
This relieves institutional burden, speeds up the process, and improves the chances of a proportional and effective criminal response.
Ultimately, it reverses the logic of institutional inertia. Rather than waiting for the State to “discover” what happened, the victim — through legal counsel — takes the lead with precision and professionalism, providing authorities with the tools they need to act swiftly and firmly.
Why Is This Especially Important When the Victim Is a Company?
The belief that only individuals can be victims in criminal proceedings is mistaken. Legal entities also have criminally protected legal interests — such as property, reputation, business confidentiality, and institutional integrity.
Theft, fraud, embezzlement, unfair competition, and other crimes regularly — and severely — affect companies. But for the criminal response to be effective, formal recognition of the victim status is not enough: legal strategy must begin from the very first step.
When the company is the injured party, the importance of a well-prepared criminal complaint multiplies. Because, by nature — as a legal fiction — a company has no direct voice in court. This is one of the dilemmas victims face when navigating the criminal justice maze (see more here).
The criminal complaint solves this problem. It gives the victim’s narrative structure and direction, replacing improvisation with strategy.
And When the Complaint Leads to an Agreement?
There is an additional point that cannot be overlooked — especially in property crimes. In a previous article, we discussed how companies under investigation may resolve criminal cases through negotiated agreements (see here).
But such agreements may also benefit companies when they are the victims. Depending on the case, a technically sound criminal complaint can quickly lead to a Non-Prosecution Agreement (NPA) — which requires, among other things, full restitution of the damage.
In other words: a well-prepared complaint can not only trigger the investigation but also lead to the recovery of stolen amounts in a short time. It’s not just about starting the case well — it’s about guiding it intelligently toward a just and effective outcome.
Conclusion: Start Strong, Stay in Control
In criminal cases, system delays are a reality. This is not due to negligence but to the high workload of police and prosecutors.
But when victims — with proper legal support — present the case with clarity, evidence, and sound legal arguments, police, prosecutors, and judges can act faster and more effectively.
The complaint becomes more than a request: it becomes a deliberate, coordinated legal move.
Just like in Cruyff’s football philosophy, a well-constructed play from the beginning greatly improves the chance of a just and effective result.
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