Criminal Complaint vs. Charge: Key Legal Distinctions

Understanding Criminal Complaints (Denuncia)

Definition of a Criminal Complaint

A criminal complaint (denuncia) is a declaration of knowledge made by an individual to an official body, informing them of a fact that constitutes a crime. It serves as a fundamental mechanism for public cooperation in anti-crime efforts, a duty imposed by the state.

Key Characteristics and Obligations

The obligation to report crimes is primarily due to Judicial Police officers, who integrate these reports into their investigative steps.

Who is Required to Report Public Offenses?

• Witnesses: Individuals who have directly observed the commission of a public offense.
• Professionals: Persons who, by reason of their employment, profession, or occupation, become aware of a public offense (e.g., doctors, teachers).
• Others with Knowledge: Any person who, by any other means, learns of the commission of a public offense.

Exceptions to the Reporting Obligation (Art. 261 LECrim)

The obligation to report does not extend to:

• Minors and Incapacitated Individuals: Those who are prepubescent or do not enjoy the full use of their reason.
• Close Relatives of the Offender: The spouse, parent, or direct descendant of the offender.
• Privileged Professions: Lawyers, attorneys, and those under ecclesiastical privilege.

It is important to note that while often a duty, a complaint may be a power in certain circumstances, such as in the case of semi-public offenses.

Processing a Criminal Complaint

• Identity Verification: The authority receiving the complaint (Judge, Public Prosecutor, or Police) must verify the complainant's identity, requiring presentation of an identity card or passport.
• Complainant's Detachment: Once the duty to report is fulfilled, the complainant is completely detached from the subsequent legal process.
• No Defendant Identity Required: There is no requirement to provide the identity of the defendant. The complaint merely informs the judicial authority of the commission of criminal-like events.

Understanding a Criminal Charge (Querella)

Definition of a Criminal Charge

A criminal charge (querella) is a formal procedural declaration of intention submitted to the competent court. Its purpose is not only to inform the court of the notitia criminis (knowledge of a crime) but also to initiate prosecution.

Key Effects of Filing a Charge

• Constitution of the Prosecuting Party: The primary effect of filing a charge is the formal constitution of the charging party in the proceedings, allowing them to act as a private accuser.
• Popular Prosecution: All Spanish citizens, whether or not directly offended by the crime, may file a charge in the case of a public offense by initiating popular prosecution proceedings.
• Private Crimes: For private crimes, only the persons legally entitled to act in the process may file a charge.

For the prosecution, the filing of a charge is not merely a right but often a duty (Art. 271 LECrim).

Formal Requirements and Judicial Action

A charge is a strictly formal procedural act and must meet the requirements stipulated in Article 277 of the Criminal Procedure Law (LECr).

• Judicial Review: Once a charge is declared admissible, the judge will order the practice of the steps requested, except those deemed contrary to law, unnecessary, or harmful, which will be denied in a reasoned decision.
• Dismissal Conditions: The charge will be dismissed if the facts relied upon do not constitute an offense or if the court is not competent to instruct the preliminary proceedings.

Effects of Filing a Criminal Charge

• Transforms the Complainant: The act of filing a charge transforms the complainant into the prosecuting party.
• Court Action: The court must practice the measures requested by the complainant when deemed appropriate.
• Informs the Defendant: It formally informs the defendant of the accusation.
• Interruption of Limitation Periods: Filing a charge produces the interruption of the statute of limitations for the crime.