Understanding Criminal Complaints: Filing, Requirements, and Process
Understanding Criminal Complaints
A complaint is an act or declaration of knowledge transmitted by a judicial body, the Public Prosecutor, or the Police, regarding news of a criminal act. This act constitutes a dual nature:
- Duty: For senior citizens with direct knowledge of an offense, and for certain professionals like law enforcement and doctors.
- Right: The exercise of this right belongs to the victim of the crime.
Witnesses can be direct (knowledge of the fact) or indirect (knowledge of the fact by references). The subject involves the complainant, the accused, and the body receiving the complaint.
Complainant Responsibilities
The complainant reports crimes prosecuted ex officio. Any individual can report prosecutable offenses. The complainant must meet capacity requirements and have standing (hurt by the facts).
General obligation for the public to witness any crime: To inform the court nearest to the site. Fines may be imposed if this is not done.
Exemptions from Reporting
- Minors or incompetent individuals.
- For reasons of kinship: spouse of the offender, ascendants, descendants, siblings, and similar degrees.
- On account of objections or certain professions: Lawyers and Attorneys, clergy, judges, prosecutors, and Judicial Police.
The Accused (Complained)
The identification of the defendant is not always a requirement of the complaint. Knowing the identity of the criminal offender depends on the stage of instruction to find out who is the subject liable. All known data that can help identify that person should be actively stated.
Competent Bodies for Understanding the Complaint
Courts
It is not required that the complaint is filed with the competent court. It can feature in any court. Judges are obliged to receive all inquiries and refer them to the competent court.
Public Prosecutor
The Public Prosecutor has the power to receive complaints sent by the judicial authorities or decree a file when there is no basis for penal action, notifying the complainant.
Police
As agents of the Authority, the police should receive complaints before preventive measures are taken. They may agree to arrest the accused. Proceedings will be reported to the Judicial Authority or Public Prosecutor.
Formal Requirements
- Communication of facts.
- Identification and endorsement (signature of complainant).
- Submission in writing, orally, or by proxy with special power.
- Verbal: act as a declaration, signed by the declarant and the officer or authority receiving the complaint.
- Copy of the complaint or statement of minutes.
Purpose and Scope
The scope of the complaint includes all crimes and misdemeanors, public and semi-public.
If the formal requirements are met, the judge or official to whom it has been submitted will proceed with the verification of the fact that no similar complaint has been previously filed, unless the nature of the crime or complaint is manifestly false. The judge will decide on the admission or rejection based on their estimation.
- No appearance was manifestly criminal or false: Issues an auto dismissing the criminal complaint.
- Issues self admitting the complaint and initiation of proceedings.
Variants of the Complaint
Professionals, by reason of their office, profession, or occupation, who suspect the existence of a possible infringement, are required to report it.
Officer Who Transacts Adm File
If it is found that a fact may be of a criminal nature, the Administrative Procedure is suspended, and all proceedings are remitted to the Instruction Judge to decide. At the end of the criminal process, the ADM will continue unabated or be closed as resolved in the 1st.
Medical Report
Health personnel must report to the judicial authority any knowledge that there is a crime.
Attestation
Extended by the Judicial Police Officers when in the exercise of their functions (for themselves or complaint 3rd).
Speakers will include:
- Instructor: Writes the contents of the document.
- Secretary: Testifying to the content.
The instructor specifies the facts ascertained by inserting steps to be practiced. Signed by the teacher, secretary, and persons involved in the proceedings (invited to sign).