A denuncia is the formal term for advising the authorities
of a situation or event that appears to have been a crime which has been
witnessed by one or more persons. Everyone indeed has an obligation to make a
report of a crime or a “denuncia” even if they are not themselves a victim.
This obligation has certain exceptions and there are certain circumstances such
as someone having suffered an injury where only the injured party may make the
denuncia.
(namely the Guardia Civil, Policía Nacional or the Policía local in Spain) or
directly to the Juzgado de Guardia (criminal court) in the locality of where
the event took place. The best method for making a denuncia is to present it in
writing and to then obtain a stamped copy of the statement. One must take into account that if you
present the denuncia to the security forces and if they ultimately decide that
a crime has occurred, they will send the matter to an appropriate Judge who has
the power to continue the investigation and decide what steps need to be taken.
the facts are relevant, the accused (el denunciado) must be made aware of this and
must make a statement on the events in question. If he does not admit to the allegations, the investigation
will still proceed to determine whether or not a crime has in actual fact been
committed. With regard to this, it is important to clarify whether the victim
of a crime is considered to be merely an aggrieved witness which is the case if
he does not formally request to proceed with a private prosecution. If he does
not proceed, then the Public Prosecutor will represent him in the matter but
should he wish to prosecute himself he would be able to play a more active role
in the investigation and also the final hearing.
Once the investigation has been completed, the judge must
make a decision on the matter. If he is of the opinion that there is not enough
evidence to show that the event constituted a crime or the matter is merely a
civil one, the matter will simply be filed and no prosecution will be pursued.
If he thinks however that there is sufficient proof that an offence has been
committed he will formally charge the perpetrator and issue an order for a
further hearing, the scale of which will depend on the severity of the charges.
Said proceedings will be heard either before the same court or a higher one,
culminating in a ruling or sentence which in turn can be appealed before
another superior court.
For more information on this subject, or to make an appointment for a private consultation, please contact us at De Cotta Law, De Cotta McKenna & Santafé on:
Tel.: +34 952 931 781
Fax: +34 952 933 547