Law Advices and Legal Tips

Cohen & Jaffe

It is the statement that a person made in writing to apprise the judge believed facts which have the characteristics of crime. With it, the complainant requested the opening of a criminal case in which the commission will investigate the alleged crime, and shall be constituted as plaintiffs therein.

You can bring a case any Spanish citizen regardless of whether or not offended by the crime, however, foreigners may sue in the first case, ie if they are directly aggrieved by the state crime.

The person making the declaration (or complainant) has revealed in the lawsuit his intention to intervene in legal proceedings as plaintiff, may depart from them at any time, subject to being subject to civil and / or criminal where appropriate.

The judge or court will decide whether or not to admit the pending lawsuit filed.

Against the decision (order) issued by rejecting the call may be submitted appeal.

For its part, may terminate the complaint is both public and private crimes.

The public offenses are those who pursue ‘automatically’, that is, by the authorities themselves. However, for the monitoring of private crimes (eg, libel and slander … etc.) Will be affected by the same make a complaint in which he expresses his desire to be the prosecution in criminal proceedings.

How is the complaint?

The complaint must be in writing, we need the intervention of a solicitor and barrister and it must contain:

* The judge or court to which it is addressed.
* Name and neighborhood (determined by place of residence) of the complainant.
* Name and vicinity of the complaint. If you know the identity of the respondent, must indicate their description as well as any signs of that disposal which may contribute to their identification.
* The description of events, venue, date and time of occurrence.
* The measures to be carried out to verify the fact.
* The request for the admission of the complaint process, they practice the measures referred and taken precautionary measures, personal or real if deemed necessary.
* The signature of the complainant.

Along with the complaint shall be provided such documents or evidence used to establish the facts of the same, or indicate where to look.

In the case of flagrante delicto, “of which leave no signs of his committee or where there is a well founded fear that the suspect will escape or hide, the individual intends to make complaint may appeal in addition to any police officer requesting the practice of the first steps averiguatorias and, if necessary, arrest the offender.

In private crimes, except in the case of rape and kidnapping, along with the lawsuit will present the certificate stating that it has entered or attempted conciliation between the complainant and sued.

However, those proceedings may be held urgent aimed at checking the facts or the arrest of the offender, and submit the certification as soon as possible, otherwise it would paralyze the proceedings.

In any case, an attorney may offer advice on all these issues in light of the particular features of each individual case.

Who are required to pay bail?

When filing the complaint is not harmed by the crime, his heirs or legal representative or, in cases of homicide or murder, the widower or widow, and ascending and descending relatives by blood or marriage to the victim until the second degree, must furnish security to cover the trial.

In the case of foreigners, only be exempt from this guarantee if this is provided in an international treaty to apply to them or the system of reciprocity with the foreign country of origin.

What if we abandon the criminal case?

Means abandoned the criminal case:

* If performed within 10 days of the last inquiry requested by the complainant, he did not call proceeding.
* When the case is stalled because the complainant does not request any action is practiced.
* By death or incapacity of the complainant, if the cause is not continued by his heirs or legal representatives within 30 calendar days of the notification of the existence of the lawsuit.

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