False report? Get expert legal advice

Questioner

I found out in 2012 that a false police report was made against me in 2010, this was part of a plan in consultation against me. The police did nothing with the report, but in other procedures it did have an effect on the image. In short, I would like to give the declarant the opportunity in writing to explain himself further about who, what, where, why, when, etc. If this does not comply, I can take legal action myself before the subdistrict court because I have proof that the report is false. Is there a limitation period or are there other options possible besides filing a report? How quickly can a procedure be started with the RB? The declarant has now moved to the intended destination, which RB is competent in this? I do a lot myself where possible because I have already been cheated too much by my own lawyers. I would like your expert advice, thank you in advance.

Lawyer

Making a false report is a criminal offense. There are two ways to address this. The criminal route: If the police do not prosecute, you can of course always contact the public prosecutor (OvJ). After all, the public prosecutor is ultimately responsible for the police when it comes to criminal enforcement. The public prosecutor can then still decide to prosecute. If the public prosecutor also does not want to prosecute, you can file an objection with the Court. The court will then decide whether the Public Prosecution Service should reconsider prosecuting. If the public prosecutor decides to prosecute, you can join the case as an injured party and claim compensation. It is a crime for which the prison sentence is not longer than 1 year. Therefore the limitation period is 6 years. The civil route: You collect the evidence yourself that a false report has been made. You then start the case at the district court sector canton by having a bailiff issue a summons. If you are considering this route, you can contact me directly so that I can give you more information about how the procedure will work. I strongly recommend that you opt for the criminal route and contact the prosecutor, simply because this can save you a lot of money. If you do opt for civil proceedings, I would advise you to at least go through all the evidence with an expert. One advantage of civil proceedings is that the case can be settled more quickly. The Public Prosecution Service is very busy.