Understanding Criminal Complaints: Types, Requirements, and Process

Posted on Feb 7, 2025 in Criminology

Understanding Criminal Complaints

A complaint is an act or declaration of will, representing the exercise of criminal action by which the plaintiff assumes the role of prosecution in initiating a legal process. It’s an act of election that assists the victim. In Spanish law, any citizen can exercise popular action, and prosecutors can initiate criminal proceedings. It serves as both a statement of knowledge and a declaration of intent.

Types of Complaints

  • Public: Any capable Spanish citizen who has not been offended by the crime (class action) and the Public Prosecutor’s Office.
  • Private: Presented by the individual offended by the crime. While aiming for punishment of the guilty, economic motives are often present.

Who Can File a Complaint?

  • Complainant: The Ministry of Fiscal Affairs (conduct criminal).
  • Legal Persons: Can raise both public and private lawsuits.
  • Individuals: Subject to three disabilities:
    • Civilians deemed incapable.
    • Those convicted twice for crimes of slanderous complaint.
    • Judges (except in cases of crimes against their person or property, allowing a private complaint).

Against Whom is the Complaint Directed?

The complaint is directed against the alleged perpetrator(s). The complainant must identify the person(s) who are the possible perpetrators of the crime, providing all possible identifying information. If the identity is unknown, the complainant should provide identifying characteristics.

Recipient of the Complaint

The competent investigating judge receives the complaint, except in specific cases where it goes to the 2nd Chamber of the Supreme Court (TS) or the Board for Civil and Criminal matters of the High Court of Justice (TSJ).

Formal Requirements of the Complaint

  1. In Writing: Prepared by a barrister and solicitor with sufficient power, requiring the complainant’s signature unless the prosecutor has special power.
  2. Detailed Account: A particular account of the reported events, including the place, year, month, day, and time of the crime, if possible, preferably in separate, numbered paragraphs.
  3. Conciliation Certificate: If the crime concerns matters that only allow private action, a certificate stating that an act of conciliation has been held or attempted between the complainant and the sued party must accompany the complaint.
  4. Legal Characterization: Establishing a legal characterization of the facts, without specifying any penalty, but charging the complaint.
  5. Admissibility Requirements: The appeal is required to be declared admissible, and the complainant must maintain it, adopting measures or practicing certain measures or requests concerning liability under the signature of the complainant’s solicitor and counsel.
  6. Deposit: A deposit is a condition of presenting the complaint. This bond is required for public (popular) complaints to avoid slanderous accusations and secure possible liability. It should be proportionate to the complainant’s heritage and can be satisfied in any legally permitted manner (personal, mortgage). Failure to satisfy it on time can cause abandonment of the complaint.

Admissibility of the Complaint

For the presentation of the complaint:

  1. Procedure: The plaintiff is constituted in part, initiating the relevant criminal proceedings.
  2. Investigation: The examining magistrate must order the practice of all proceedings described in the complaint, unless deemed unnecessary, harmful, or contrary to law.
  3. Notification: The respondent will be notified, acquiring the conditions for refunding and enjoying the rights under the Criminal Procedure Code (CPP).
  4. Statute of Limitations: The statute of limitations is interrupted.

Rejection of Admissibility

Rejection occurs because the facts do not constitute an offense, the judge is not competent, or the complaint is filed by an incapable person or does not fulfill the requirements of the CPP.

Initiation of Trade

This occurs when judges are aware of the perpetration of a crime prosecuted ex officio. The process begins by informing the Ministry of Fiscal Affairs to urge the initiation of criminal proceedings by complaint. It usually occurs when a particular procedure in a case results in an acquittal, and the judge suspects a false accusation. The prosecution can then demonstrate the false accusation or the competent court can deduce what is called evidence or testimony from individuals.