Criminal Complaint Procedure: Legal Requirements and Effects

Criminal Complaint: Definition and Legal Nature

The criminal complaint is a declaration of will and knowledge. It consists of the exercise of criminal proceedings by the complainant, who assumes the role of prosecutor in an act of postulation.

Parties Involved

• Public Prosecution: Exercised by any Spanish citizen through popular action or by the Public Prosecutor's Office (Ministerio Fiscal).
• Private Prosecution: Exercised by the direct victim of an offense. While the primary goal is the punishment of the guilty, it may also involve economic motives.

Capacity to File a Complaint

• Legal Entities: Possess the ability to file both public and private complaints.
• Physical Persons: Possess the capacity to exercise the charge.

Exceptions and Restrictions

Certain individuals are barred from filing a public complaint, including those deemed incapable, individuals convicted twice for filing false criminal complaints, and specific judges or magistrates. A private complaint must be directed against a specific, identifiable person responsible for the crime.

Competent Authority

The complaint must be submitted to a competent Magistrate. Exceptions include cases involving the Second Chamber of the Supreme Court (TS) or the Civil and Criminal Chamber of the High Court of Justice (TSJ).

Effects of Submission

The mere submission of a complaint does not automatically initiate the process. The court must examine the merits to decide whether to admit or reject it.

Admission of the Complaint

If admitted, the complainant becomes a party to the trial. The investigating judge must order the necessary proceedings, unless they are deemed unnecessary or harmful. This action formally notifies the respondent and suspends the statute of limitations.

Rejection of the Complaint

A complaint may be rejected if the facts do not constitute an offense, if the court lacks jurisdiction, or if the applicant is legally incapable. In such cases, the statute of limitations resumes, and the complainant may be ordered to pay legal costs. Decisions to reject a complaint are generally not subject to appeal, whereas decisions to admit one are made by court order and may be appealed.