In short:
• Denuncia (Report) → Informs the judicial authority that a crime has been committed. It can be filed by anyone and, in some cases, is mandatory by law.
• Querela (Formal Complaint) → Is the formal request by the injured party to proceed legally against the perpetrator of the crime. For many offenses, the denuncia alone is not sufficient; a querela is necessary to initiate criminal action.
Timing:
• Denuncia (Report) → Does not have a fixed deadline, but it is advisable to file it as soon as possible to preserve all elements useful for the investigation.
• Querela (Formal Complaint) → Generally, it must be filed within 3 months from the moment the injured party becomes aware of the facts and the perpetrator. For certain offenses, the law provides different deadlines.
What we do for you:
We assess the facts and deadlines, advise you on the next steps, and file the necessary legal act with the Public Prosecutor’s Office (preserve evidence, messages, documents). Contact us.
See also
- [CORPORATE] - Does my company risk 231 liability: Can you help us?
- [CORPORATE] - Workplace injury/inspection: What should I do?
- [DOCTORS] - I am a doctor: What should I bring to the first meeting?
- [DOCTORS] - The Medical Council (ODM) has opened disciplinary proceedings: What is the relationship with criminal law?
- [FEES] - Is pro bono legal aid or legal aid (gratuito patrocinio) available?