Main differences between the Criminal Complaint (the so called "Querella" in Spain) and the Denounce
- @mtcspain
- Nov 10, 2022
- 1 min read
Let us see in this article what are the main differences between the criminal complaint (the so called "Querella" in Spain) and the denounce/denunciation ("Denuncia").
The denunciation is a mere declaration of knowledge; the criminal complaint is also a declaration of will, you show your intention to appear as a private prosecution/accusation.
On the other hand, the criminal complaint is a right that corresponds to those who are offended by a crime or enjoy legitimacy to prosecute it.
The denounce is not subject to formal requirements; the complaint, unlike the previous one, requires compliance with a series of formalities. That is to say, the criminal complaint must be presented before the territorially competent Court to hear the matter and therefore requires going with a Lawyer and Procurator).
The denounce does not carry any obligation or burden; the complaint on the other hand may require the provision of a bond.
The denouncing party files a denounce and can disregard the process; while the criminal complaint makes the complainant constitute a party, being able to act, request evidence, present appeals, etc.
Comments