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.

Wording of Article 277 of the Spanish Criminal Procedure Act

Requirements and procedure

1. Representation by a court agent holding sufficient authority and the signature of counsel, which are requirements of the postulation.
2. Identification of the court, of the complainant and of the person complained against, or the particulars best able to identify the latter.
3. A detailed account of the act, with the place and the time, which delimits the subject matter of the proceedings.
4. 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.

• 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.