abogados · lawyers · rechsanwaelte

Complaint or denouncement

In the information age, in which we fortunately live, it is convenient and necessary to distinguish concepts to understand in scope and meaning of the same. Most of the terms with which the media bombard us daily have a technical and specific meaning that most of the citizens do not know or in their case we know in a very superficial way. In order to clarify certain aspects of procedural scope, and in the face of the avalanche of criminal proceedings that are news daily, we will begin by clarifying the difference between the complaint and the complaint, terms that are generally confused.

The complaint is the judicial declaration that brings to the attention of the Judge some facts allegedly constituting an offense and that can be filed by any citizen regardless of whether or not he has been offended by the crime. Both public and private offenses can be denounced, requiring the intervention of a lawyer and prosecutor. It must be made in writing in which the description of the facts, the place, the date, and the hour in which they occurred, as well as the steps that must be taken to verify the fact be indicated. It is essential the identity of the defendant, or in his case should indicate his description as well as all the signs of which they are available and that can contribute to their identification.
Along with the complaint must be provided those documents or evidence that serve to prove the facts object of the same or indicate where they may be.

The denunciation is the declaration before the Police or the Court, or the Prosecutor, in which it is informed facts that are considered that can constitute an illegal of criminal nature. Unlike the complaint, the complainant does not personally intervene as an accusing party in the development of the criminal process.
The crimes subject to denunciation may be public, prosecuted ex officio by the authorities, or private, indicating that they can only be prosecuted if the complaint is filed by the subjects determined by law.

In the event that the complaint is filed on facts that turn out to be false, the complainant may incur both civil and criminal liability, for an infraction, also of a criminal nature, against the Administration of Justice itself.

The denunciation may be made in writing or word to the corresponding official, personally or through a representative with special power, and must be signed by the complainant or by someone at his request, if he could not sign it. It does not need to be directed against a particular person, although in the case of a suspect, the complainant can specify it. Neither is the intervention of a solicitor or solicitor necessary. If the complaint is made verbally, an act shall be drawn up in the form of a statement to be signed by the declarant and by the official or authority taking the declaration, and the identity of the complainant shall be recorded. Once the complaint has been formalized, it will proceed to verify the veracity of the facts denounced.
One of the manifestations of the duty to collaborate in the prosecution of delinquency is the formulation of complaints. Thus, they are obliged to file a complaint: Who witness the criminal acts. Those that know the facts by the position, the profession or the office that they play. Those who, in any way, are aware of the existence of a crime.

All criminal proceedings require the assistance of the detainee, the accused or the accused, so it is advisable to contact an expert lawyer.

Andrés Ferrer.

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