QUERELLA
The criminal complaint is regulated in arts. 270 to 281 of the Criminal Procedure Act (LECrim). The complaint also serves to bring to the attention of the authorities the commission of a criminal act, but unlike the denunciation, the complaint involves the exercise of the criminal action, so that the person who files it acquires the status of accusing party in the criminal process, either as private prosecution (if the injured party by the crime) or as popular accusation.
All natural and legal persons have the capacity to file a complaint, except those who are incapable, Judges and persons who have been convicted of crimes of false denunciation.
Before which body should the complaint be filed?
The complaint must be filed with the competent judicial body, i.e., as a general rule, with the examining magistrate of the place where the crime was committed.
Elements of the complaint
The complaint must be submitted in writing and must contain the following elements:
- Description of the criminal acts, indicating the date and place where they occurred. It is not necessary to legally qualify the facts, that is to say, to specify which crime has been committed.
- Identification of the complainant, indicating his name, surname and place of residence: anonymous complaints may not be filed.
- Identification of the defendant, of the person to whom the crime is attributed, indicating his or her name, surname and place of residence. If the identity of the defendant is unknown, the information that may help to identify him/her must be provided.
- Identification of the Judge or Court before which the complaint is filed.
- It is possible to request the practice of investigation diligences to clarify what happened, which must be subsequently agreed by the Judge for its subsequent practice.
Unlike the denunciation, the complaint must be filed through a lawyer and attorney, accompanied by a special power of attorney that enables them to file the complaint on behalf of the plaintiff for specific facts and against specific persons.