Filing a Criminal Complaint: Rights, Obligations, and Process
Filing a Criminal Complaint: An Overview
The Complaint: The act or declaration of knowledge that is transmitted by a judicial body, the Prosecutor, or the police, informing them of a criminal offense. It has a dual nature: a duty for some and a right for others. Senior citizens with direct knowledge of a crime have a responsibility to report it. Specific professions, such as medical professionals, also have specific obligations.
This right is exercised by those directly offended by the crime, as well as by indirect witnesses (those who have knowledge of the offense through references).
Persons Involved:
Plaintiff:
- Crimes prosecuted ex officio: any natural person.
- Prosecutable offenses parte: must comply with the requirements of capacity and legitimacy (being offended by the facts). Anyone who witnesses a public offense should report it to the nearest magistrate, under penalty of fine.
Exemptions:
- Minors and those who do not enjoy the full use of their reason.
- Relationship: spouse, ancestors, descendants by blood or marriage, and so on.
- Position: lawyers and solicitors regarding the instructions or explanations of their customers. Ecclesiastical functions in relation to its judges, prosecutors, and law enforcement officers to monitor drug trafficking or delivery to allow circulation in Spain, served the purposes of research.
Defendant: The identification of the accused is not required for the complaint. However, the complaint must include all information that is known and that may help with their identification.
Competent Authorities to Receive a Complaint:
Courts: Before any court. The court must receive the complaint and take the steps necessary to forward it to the competent court.
Prosecutor: The Prosecutor can receive complaints sent to the judicial authority or order your file when no basis exists for criminal action, inform the complainant.
Police: As agents of the authority, the police should receive complaints submitted to them at any dependency, practice measures of prevention, can agree on the detention of defendant and these proceedings are conducted shall immediately notify the competent judicial or Prosecutor.
Formalities:
Formalities: Communication of the fact, and the identification and endorsement (signature) of the complainant. This can be done in writing, orally, or by proxy with special power. The authority receiving the complaint must provide a copy upon request. If the statement is made verbally, a record will be created and signed by the declarant and the official or authority receiving it.
Effects of Termination:
Effects of termination: Its object are all crimes and public offenses, crimes parastatal and private libel and defamation committed against public official or agent of such authority in the exercise of their functions. If all formal requirements are met, the complaint will be sent to the judge or officer before whom it was filed to investigate the act complained of, unless there is no evidence of a crime or the complaint is manifestly false. Officials will diligently record all ascertained facts, statements, and reports received.
The judge must decide on the admission or rejection of the complaint. If the judge finds that there are no material facts or delicitiva appearance is patently false, issue an order rejecting it, and if they are of criminal appearance order to admit and ordering dictate the initiation of proceedings.