Meaning of Querella

What is Complaint:

Complaint is a procedural act that informs the judge of a punishable act and expresses the will to exercise criminal action. The complaint is a right that all citizens have, who have been offended by crimes committed against their person or property.

The complaint is proposed in writing and can be presented by any natural or legal person, who has the character of victim, or by a State authority, such as: the prosecutor, before the judge or control court.

In relation to the above, there is a public or private complaint. The complaint of public crimes is characterized by being "ex officio" and is filed by the authorities themselves. In turn, the complaint of private crimes is the person who must express his will to be part of the process and file the complaint.

As such, the complaint is made up of: the complainant (who makes the complaint) and the defendant (the defendant). Likewise, it must contain a series of data, essential to be admitted, such as:

  • Identification of the Judge or Court before whom the complaint is presented.
  • Personal data of the complainant and defendant, either: name, surname, address, profession, age, among others, that is relevant to the process.
  • The crime that is charged with its legal basis, stipulated in the legal system of the place.
  • A list of all the essential circumstances of the fact.
  • Request that the complaint be admitted and the request for all the procedures it deems necessary for the case.
  • At the end of the writing signature of the victim or his lawyer.

It is noteworthy that the order that expresses by the Judge the dismissal of the complaint can be appealed, through the Appeal Resource. Likewise, during the process, the complainant may withdraw the complaint filed.

On the other hand, the complaint is an expression of physical or moral pain.

Complaint and complaint

The complaint is a statement, in writing or of words, of facts by individuals that may constitute a crime. In this sense, the complaining party does not personally intervene as the accusing party in the process.

Instead, the complaint is a written statement to update the Judge or Court about facts that characterize a crime.

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