If you have been a victim or harmed by an illegal act, contact us, because our experience as criminal lawyers allows us to offer you great guarantees of success in the accusation that we file to enforce your rights.
To do this, and after studying the case raised, the type of crime we are facing, the circumstances to be taken into account and other requirements established in the Law, we will initiate our accusation through the corresponding complaint or complaint as the case may be, always informing you and advising you on what one of these instruments means in each case.
By complaint, you should know that it is the statement that a person makes in writing to inform the Judge of facts that he believes present the characteristics of a crime. With it we request the opening of a criminal case in which the commission of the alleged crime will be investigated, constituting ourselves as the accusing party in it.
With the complaint, we can report both public and private crimes. Public crimes are those that are prosecuted ex officio. To monitor private crimes (for example, insults y slander) it will be necessary for us to file a complaint in which the affected party expresses his or her willingness to be the accusatory party in the criminal procedure.
Any Spanish citizen, regardless of whether or not he or she has been offended by the crime, can file a complaint when he or she is aware of the commission of a crime. On the contrary, the foreign They can only complain if they are directly offended by it.
To file a complaint, it is necessary that you have the legal assistance of Lawyer and the representation of the Attorney, as well as complying with other formalities that we will take care of during the processing of the procedure.
Another requirement to take into account is that when the person filing the complaint is not the person harmed by the crime, his heirs or legal representative or, in the event of killings o murders, the widower or widower, and the family members blood or related ascendants and descendants of the victim up to the second degree, must provide bail to cover the costs of the trial.
In the case of foreigners, they will only be exempt from presenting a bond if this is contemplated in an international treaty that applies to them or by the reciprocity regime with the foreigner's country of origin.
On other occasions, the statement made to inform the Judge, Prosecutor's Office or the police of facts that are considered to constitute a crime will be the Complaint.
In this case, the complainant does not intervene personally as an accusing party in the development of the criminal process, the crimes being reported are public or private, although these can only be prosecuted if the complaint is presented by the subjects determined by law. In these cases, the provision of bail is not necessary, nor the intervention of a lawyer or attorney, although we advise you that given the complexity of the matter, the procedure, deadlines, legal strategies...The best option is to have a specialized lawyer who can attend to everything in an optimal way. to this entire area, which will give you the necessary security and tranquility and the greatest guarantees.
You should also know that filing a complaint is an obligation for every person, and in particular:
-Of those who witness the criminal acts.
-Those who know the facts due to the position, profession or trade they perform.
-Those who have knowledge of the existence of a crime.
Within this, the spouse of the offender, or directly linked family member, lawyers and attorneys are exempt from reporting, although if they want they can do so, of the statements they receive from their client...
Get in touch as soon as possible and we will advise you according to the cases and specialties established by law, which is the appropriate procedure to follow and how to formulate your complaint regarding the illegal act for which you have been offended.
