Advantages and disadvantages of the complaint and the complaint

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The only advantage of reporting is that it is completely free. Faced with this, filing a complaint implies becoming actively part of the criminal procedure, that is, the victim is constituted as a private prosecutor . This supposes: Precautionary measures may be requested in writing and in a manner based on Law at any time during the procedure, both personal and economic. The Lawyer may appear at all evidentiary proceedings carried out in the investigation phase : for example, attend and ask questions in the statements of witnesses and persons under investigation. The Lawyer may request that evidentiary procedures be carried out: comparisons, investigations of account numbers , ownership of mobile phones or emails, address inquiries, recognition lineups , medical tests, examination by psychologists or forensic doctors assigned to the court, etc If the Court rejects any important investigative procedure (sometimes this happens because the Courts are overloaded with work), that decision may be appealed to a higher Court.

The Lawyer may present writings in the procedure, making allegations or clarifying some points. You have real-time knowledge of the status of the process because the Court notifies all the resolutions that are issued to your Lawyer and Attorney. It not only communicates the resolutions, but also the results of the investigation procedures carried out. The Lawyer may present procedural documents when the procedure is stopped. If it is DM Databases agreed to dismiss or archive the case, it will be transferred to the lawyer and he/she will be able to make allegations in this regard and even appeal the resolution before a higher court. They will give the Lawyer the process to formulate a document of accusation. This means that the victim will be able to decide on the penalty and civil liability claimed from the accused. In the event that the accused seeks compliance , he will have to reach an agreement with the Public Prosecutor's Office and with the private prosecution, that is, with the victim herself.



This implies that he will have access to the negotiations regarding the penalty and civil liability that are claimed from the accused (always, of course, through the Lawyer). For the reasons stated, we advise that those who have been victims of a crime and have a special interest in the matter being resolved, initiate the criminal procedure through the corresponding criminal complaint and constitute themselves as a private prosecution through a lawyer specialized in Law. Criminal.That is why the State Attorney General's Office spoke of a presumption that admitted evidence to the contrary. Age is an obvious aspect, although the Penal Code does not specify any limit regarding proximity in age, nor has jurisprudence established a single criterion, due to the complexity of the issue and, therefore, the need to deal with it on a case-by-case basis. by case.