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Article 277 Spanish Criminal Procedure Act: Requirements of the querella
Article 277 sets out the formal requirements of the querella, which must be lodged through a court agent holding sufficient authority and signed by counsel, and must contain the identification of the parties, a detailed account of the act and the specific investigative steps requested.
Also cited as: article 277 Spanish Criminal Procedure Act · art. 277 LECrim · LECrim article 277 · artículo 277 de la Ley de Enjuiciamiento Criminal.
Wording of Article 277 of the Spanish Criminal Procedure Act
The querella shall always be lodged through a court agent holding sufficient authority and signed by counsel.
It shall be drawn up on official paper, and shall state:
1. The judge or court before which it is lodged.
2. The name, surnames and place of residence of the complainant.
3. The name, surnames and place of residence of the person complained against.
Where those circumstances are unknown, the person complained against shall be designated by the particulars best able to identify that person.
4. A detailed account of the act, stating the place, year, month, day and hour at which it was carried out, if known.
5. A statement of the steps which are to be taken in order to verify the act.
6. The request that the querella be admitted, that the steps indicated in the preceding number be taken, that the arrest and provisional detention of the alleged offender be ordered or that security for provisional release be required of that person, and that the attachment of the assets of that person in the necessary amount be ordered in the cases in which that is appropriate.
7. The signature of the complainant or that of another person at the request of the complainant if unable to sign or unable to write, where the court agent does not hold a special authority to formulate the querella.
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.
Effect. The provision imposes no penalty. Non compliance with the formal requirements gives rise to the inadmissibility of the querella, subject to the possibility of remedying defects, and a querella which is manifestly lacking in the account of the act does not interrupt the limitation period under Article 132 of the Criminal Code.
Requirements and procedure
- Representation by a court agent holding sufficient authority and the signature of counsel, which are requirements of the postulation.
- Identification of the court, of the complainant and of the person complained against, or the particulars best able to identify the latter.
- A detailed account of the act, with the place and the time, which delimits the subject matter of the proceedings.
- A statement of the investigative steps requested and the specific requests as to precautionary measures.
Defence strategy
Insufficiency of the account of the act. A querella which contains no more than a generic description does not permit the exercise of the defence and does not delimit the subject matter of the investigation. Contesting its admission on that ground, or applying for its clarification, prevents an investigation of indeterminate scope.
Interruption of the limitation period. Article 132 of the Criminal Code requires the attribution to a determined person of participation in an act which may constitute an offence. A querella against persons unknown, or one which does not individualise the conduct, does not interrupt the period, which is a frequent line of defence.
Defects of postulation. The absence of sufficient authority, of the signature of counsel or of the special authority referred to in number 7 is a remediable defect, but its persistence prevents the admission of the querella. Reviewing the authority at the outset avoids the consolidation of a defective procedural position.
Precautionary measures requested at the outset. Number 6 permits the request of arrest, of security and of attachment from the very lodging of the querella. Such measures require an assessment of their necessity and proportionality which the court must state with reasons, and their adoption on the sole basis of the account of the complainant is capable of challenge.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Article 118 LECrim: rights of the investigated person
- Reporting an offence and criminal complaints
- Private prosecution and rights of victims
- Rights of the investigated person
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Frequently asked questions
What effect does the application of Article 277 of the Spanish Criminal Procedure Act produce?
The provision imposes no penalty. Non compliance with the formal requirements gives rise to the inadmissibility of the querella, subject to the possibility of remedying defects, and a querella which is manifestly lacking in the account of the act does not interrupt the limitation period under Article 132 of the Criminal Code.
What requirements and procedure does Article 277 of the Spanish Criminal Procedure Act lay down?
Representation by a court agent holding sufficient authority and the signature of counsel, which are requirements of the postulation. Identification of the court, of the complainant and of the person complained against, or the particulars best able to identify the latter. A detailed account of the act, with the place and the time, which delimits the subject matter of the proceedings. A statement of the investigative steps requested and the specific requests as to precautionary measures.
How does the defence make use of Article 277 of the Spanish Criminal Procedure Act?
Insufficiency of the account of the act. A querella which contains no more than a generic description does not permit the exercise of the defence and does not delimit the subject matter of the investigation. Contesting its admission on that ground, or applying for its clarification, prevents an investigation of indeterminate scope. Interruption of the limitation period. Article 132 of the Criminal Code requires the attribution to a determined person of participation in an act which may constitute an offence. A querella against persons unknown, or one which does not individualise the conduct, does not interrupt the period, which is a frequent line of defence. Defects of postulation. The absence of sufficient authority, of the signature of counsel or of the special authority referred to in number 7 is a remediable defect, but its persistence prevents the admission of the querella.
Is the English text of Article 277 of the Spanish Criminal Procedure Act official?
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.
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