Legal Procedures: Complaint, Accusation, and Juvenile Justice

Understanding Legal Procedures: Complaint, Accusation, and Juvenile Justice

Distinguishing Legal Complaints (Denuncia) and Accusations (Querella)

The Legal Complaint (Denuncia)

A complaint (denuncia) is an act or declaration of knowledge transmitted by a judicial body, the Public Prosecutor, or judicial police, regarding a criminal act. It signifies an obligation to report a crime if one has knowledge of it, especially for security forces and officials.

Types of Crimes Subject to Complaint

• Public crimes
• Semi-public crimes
• Private crimes (e.g., libel and defamation, though these often require a querella)

Who Can File a Complaint?

Any natural person and law enforcement officials. Exemptions apply to:

• Minors who do not fully possess their reasoning abilities.
• Individuals due to kinship reasons.
• Individuals due to certain professional obligations (e.g., professional secrecy).

The Denounced Party

It is necessary to identify the person against whom the complaint is filed.

Recipient and Submission of a Complaint

A complaint can be submitted to any court, the Public Prosecutor, or a police agent. It may be submitted in writing, verbally, or through a proxy.

Special Eligibility Proceedings

These are ordered by the judge or official to whom the complaint has been filed.

Exclusions and Dismissal

A complaint may be dismissed if there is no criminal appearance or if the reported facts are false. A dismissal order (auto desestimatorio) is issued in such cases.

Police Reports

Police officers, when performing judicial proceedings for the ascertainment of facts, must issue a police report.

The Legal Accusation (Querella)

An accusation (querella) consists of an act or declaration of will, representing the exercise of criminal action. Through it, the accuser assumes the role of a prosecuting party in the process, initiating a criminal case. It is considered a right.

Types of Accusations

• Public accusations
• Private accusations

Who Can File an Accusation?

The Public Prosecutor, individuals, and legal entities. Exemptions apply to:

• Civilians deemed legally incapable.
• Individuals previously convicted twice for the crime of false accusation or slander.

The Accused Party

It is required that the person responsible for the crime be identified.

Recipient of the Accusation

The accusation is always filed before the competent investigating judge, with specific exceptions for higher courts like the Supreme Court's Criminal or Civil Division.

Court Action and Admissibility

The competent court will act upon the accusation or refuse it. If accepted as admissible, the judge will order the necessary proceedings.

Procedural Practices and Rejection

The judge may exclude practices deemed unnecessary, harmful, or contrary to law. The accused acquires the status of a charged party upon acceptance. An accusation may be rejected due to lack of criminal appearance, lack of jurisdiction, or if filed by an incapable person. A rejected accusation generally cannot be appealed.

Criminal Responsibility of Minors: LO 5/2000

The Organic Law 5/2000 (LO 5/2000) governs the criminal responsibility of minors in Spain. The juvenile court cannot impose measures that restrict rights for a period longer than that requested by the Public Prosecutor or the private prosecutor. The duration of custodial measures under LO 5/2000 must never exceed the length of imprisonment that would have been imposed for the same act if the individual, as an adult, had been held responsible according to the Criminal Code.

Detention and Custody of Minors

The fact of detention and the place of custody must be immediately notified to the minor's legal representatives and the Public Prosecutor.

Minor's Statement (Exploration)

The statement made by a minor is often referred to as an "Exploration of the Minor."

Release or Availability to Prosecutor

Within a maximum of 24 hours, the detained minor must either be released or made available to the Public Prosecutor. For crimes related to terrorism, the competent authority is the Central Juvenile Judge.

Prosecutor's Resolution

Once the minor is made available to the Public Prosecutor, a resolution must be issued within 48 hours after the arrest.

Measures for Minors under LO 5/2000

The juvenile court may impose various socio-educational measures, including:

• Internment in a closed regime center.
• Internment in a semi-open regime center.
• Internment in an open regime center.
• Therapeutic internment.
• Outpatient therapy.
• Attendance at a day center.
• Weekend stay.
• Probation.
• Cohabitation with another person, family, or educational group.
• Benefits for the community (cannot be imposed without the minor's consent).
• Socio-educational tasks.
• Reprimand.
• Deprivation of the right to drive mopeds or motor vehicles, or to obtain related licenses.
• Deprivation of administrative licenses for hunting or the use of any weapons.

Initiation of Proceedings

The initiation of proceedings concerning minors falls under the responsibility of the Public Prosecutor.