Art 270 lecrim

Art 281 lecrim

[DP] Action through which a notitia criminis is brought to the attention of the police, the Public Prosecutor’s Office or the judicial authority. However, unlike the denunciation, the complaint is characterized by the fact that the person who files it brings a criminal action with the intention of appearing in the criminal case. Likewise, it must meet formal requirements that are not required in a complaint: 1) it must always be filed by means of an attorney with sufficient power of attorney and signed by a lawyer, and 2) it must be filed by a lawyer with sufficient power of attorney and signed by a lawyer.

It is the procedural legal act with which a criminal case is initiated at the request of the person who subscribes the written complaint (plaintiff) who, at the same time, becomes the accusing party in the criminal case that is thus initiated. The complaint, which will always be filed before the competent Judge of Instruction, will be presented in writing by means of a procurator with sufficient power of attorney and signed by a lawyer. It shall be drawn up on official paper and its essential content is as follows: judge or court before whom the complaint is filed; name, surname and place of residence of the plaintiff; name, surname and place of residence of the defendant; a detailed account of the fact; an expression of the steps to be taken to verify the fact; request that the complaint be admitted, that the suggested proceedings be carried out, that the alleged offender be arrested and imprisoned and that the seizure of his assets be ordered in the necessary amount when appropriate; the signature of the complainant or that of another person at his request, provided that the procurator does not have special power to formulate the complaint.

Argentine Criminal Procedure Law

That following the instructions of my principal, I file a complaint in exercise of the right recognized in arts. 270 and following of the Law of Criminal Prosecution against CONTRARIO for the crime of …, to which effect, in compliance with what is determined in art. 277 and concordant articles of said law,

FIRST.- Judge before whom it is presented: It is presented before the Court of Instruction of this city that by turn of distribution corresponds for being the competent for its instruction, according to articles 14 and 272 of the Law of Criminal Prosecution, having occurred the facts within this district, concretely in ….

OTHER I SAY: that in compliance with the provisions of art. 280 of the Criminal Procedure Law, this party is willing to provide the bail that the Court deems convenient to respond to the results of the trial (in case the plaintiff is not exempt).

Criminal Procedure Law Spain pdf

I REQUEST THE COURT: to consider this document as filed, to admit it and to consider that the complaint has been filed, to order the interested proceedings and to take the precautionary measures it deems appropriate regarding the personal situation and the assets of the defendant, ordering what it deems appropriate regarding his prosecution, detention and provisional imprisonment with the establishment of bail for his freedom in the amount of euros, and another of euros to cover the corresponding civil liabilities or, failing that, to order the seizure of sufficient assets to cover said liabilities.

Civil Procedure Law

The criminal complaint is an act of communication addressed to the competent criminal judicial body in which the commission of facts by one or more persons that have all the elements to be considered a crime is made known to it, requesting the investigation of the same.

The admission of a criminal complaint does not constitute, still and in any case, an act of judicial indictment, although it allows the defendant to begin to defend himself in the process according to article 118 of the Criminal Procedure Law (L.E.Crim.), once such admission has been duly communicated to him. On the contrary, it supposes the opening of an avenue for the judicial investigation of the facts that the plaintiff, under his responsibility, has brought to the attention of the jurisdictional body and imputes to the defendants.

3.- Special power of attorney. The Law requires that the complaint be filed through an attorney with a special power of attorney granted by the plaintiff to exercise the criminal action against the defendants. If the complaint is filed in the Court without such power of attorney, it cannot be admitted, with important effects on the statute of limitations of the crime being prosecuted. It is also required that the criminal complaint be signed by a lawyer.