Criminal law concept comparison
Compare the main concepts of Spanish Criminal Law. Select a comparison to see the differences point by point.
Complaint vs Criminal lawsuit
Both are ways to bring a criminal offence to the attention of the judicial system, but they differ in who can file them, the formal requirements and the procedural consequences.
| Criterion | Complaint (denuncia) | Criminal lawsuit (querella) |
|---|---|---|
| Who can file it? | Anyone aware of the facts | The injured or offended party (or the Public Prosecutor) |
| Lawyer and solicitor | Not required | Mandatory |
| Where to file? | Police station, Civil Guard, court or Prosecutor's Office | Competent examining court |
| Form | Oral or written, no special formal requirements | Written, with a statement of facts, legal classification and evidence |
| Joining as a party | Does not imply automatic participation | The filer joins as a private prosecutor |
| Security deposit | Not required | The judge may require one |
| Prosecutable offences | All (public, semi-public and private) | Required for private offences (defamation/slander between individuals) |
| Withdrawal | Can be withdrawn without consequences (except for a false report) | Withdrawal may entail liability for costs |
These comparisons offer a simplified view for guidance purposes. Criminal law is complex and every case has its own nuances. Consult a criminal lawyer for advice tailored to your situation.
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