Main differences between the Criminal Complaint (the so called "Querella" in Spain) and the Denounce


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.


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