A complaint is a statement made before a competent authority about an incident that may constitute a crime. It is the oral or written statement of a fact that can be considered a crime in criminal types
The Codes of Criminal Procedure are the provisions governing this behavior by an identified person. In other words, it is the starting point of the criminal justice process.
In this article we will leave you with the necessary information about the complaint.
What crimes can be reported?
for a complaint introduce yourself as complaint, it must be considered a crime. This could be:
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Publicly, courts have the power to take formal action. At the private level, let justice intervene, and the complaints are required by those provided by law.
In addition to the general and specific ones, complaints can be classified according to other characteristics. The most common are:
Penalty, it's a complaint that refers to an offense contemplated in the Penal Code.
An administrative and tangible fact that supposes a violation of the law in the orbit of the administration.
false, the facts complainttwo do not correspond to reality. It is important to make it clear that the complaint False self is a crime.
Who is the complainant?
Every citizen who is a victim or witness of a crime is required to present a complaint before the competent authority.
In addition, the Code of Criminal Procedure requires that they also report:
People who, according to their occupation, profession or occupation, have knowledge of general infractions.
Anyone with knowledge of the crime must be formally prosecuted without sufficient evidence being produced.
People who have knowledge of the commission of a public crime due to their occupation, profession or profession must inform the prosecutor, the corresponding court or judge and, otherwise, to the city government or the police.
Any person who has knowledge, through means other than those mentioned, of a crime that must be formally prosecuted, or else inform the prosecutor.
The competent court, the investigating judge or a member of the Public Ministry. Central city or police. and therefore without the obligation to prove the alleged facts or to formalize the complaint.
He complaintnte will not be held responsible for any liability other than the crimes allegedly committed by the complaint or from time to time.
Who is not required to file a complaint or report?
While many of these groups have the ability to file complaints, the law does not require:
Minors under 16 years of age, mentally incapable persons. The priests knew the facts of their ecclesiastical functions. Descendants and descendants have a direct relationship with the person who committed the crime.
Lawyers and agents, with respect to the information provided by their clients. Others through their job, occupation, or occupation have gained access to information about a common crime.
The obligation established in the foregoing does not extend to persons who have not yet reached the age of puberty or who have not fully exploited their sanity.
Nor will they be required to declare:
1 – Who is the spouse of the offender who is not separated, legal or de facto, or lives with him in similar kinship.
2. Branches of the offender and their guarantees up to the second degree
Where do you file complaints or complaints?
There are competent bodies to receive complaints:
Police or Civil Protection: Any police unit has the right to present a complaint. An investigation will then be opened to verify the facts through the necessary procedures.
In case of public infraction, the Public Ministry will be notified immediately. The Public Prosecutor's Office, in the event that a complaint in this dependency.
In addition, prosecutions are carried out to verify the offense before it is referred to a competent court. Immediately after receiving the complaint, the investigative courts iThey will initiate the procedure to collect the necessary evidence for the crime.
The judge analyzes the content and decides the steps to follow.
It can be defined:
Testify if the incident does not constitute a crime. The temporary dismissal, while clearly a crime, has not been identified or located.
Transferring the file, the case is transferred to the competent authority that can be the territory, the event, the army.