Learning that a complaint or a criminal complaint (querella) has been filed against you is understandably worrying. What matters is to act calmly and methodically: what you do in the first few days shapes your defence. This guide summarises what to do and what to avoid.
A denuncia and a querella are not the same
A denuncia is simply the reporting of facts to the police, the court or the public prosecutor. A querella is a more formal written pleading by which the person filing it joins the proceedings as a prosecuting party. In both cases an investigation phase (diligencias previas) is usually opened.
What to do (and what not to do)
1. Do not contact the complainant or witnesses to “clarify” what happened: it may worsen your situation.
2. Gather and preserve evidence in your favour (messages, emails, invoices, witnesses).
3. Do not make a statement without a lawyer: you have the right to remain silent and not to incriminate yourself (art. 24 of the Spanish Constitution).
4. Attend any summons with a lawyer; they will inform you of the facts attributed to you before you make a statement (art. 118 LECrim).
Deadlines to bear in mind
If you are summoned to make a statement as a suspect, the summons sets the date and place; it is advisable to prepare the statement in advance. The investigation is subject to statutory maximum time limits and, depending on the offence, the limitation periods vary: your lawyer will assess whether the offence may be time-barred.
Why a lawyer from the outset makes sense
A criminal lawyer gains access to the content of the complaint, defines the strategy (dismissal, discontinuance or defence at trial) and avoids irreversible mistakes, such as making a statement without knowing the accusation. The earlier they intervene, the greater the room for defence.
Are you in this situation? Do not make any statement or sign anything without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Frequently asked questions
What is the difference between a denuncia and a querella?
A denuncia is simply the reporting of facts to the police, the court or the public prosecutor; a querella is a more formal written pleading by which the person filing it joins the proceedings as a prosecuting party. In both cases an investigation phase is usually opened.
What should I do if a complaint has been filed against me?
Not contact the complainant or witnesses, gather and preserve evidence in your favour, not make a statement without a lawyer, since you have the right to remain silent and not to incriminate yourself under Article 24 of the Constitution, and attend any summons with a lawyer.
Why is a lawyer from the outset important?
A criminal lawyer gains access to the content of the complaint, defines the strategy (dismissal, discontinuance or defence at trial) and avoids irreversible mistakes such as making a statement without knowing the accusation; the investigation and the limitation periods are also subject to time limits your lawyer will assess.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
