A widespread belief is that “withdrawing the complaint” makes the proceedings disappear. For most offences this is not the case. It is worth understanding what effects it really has and what role the victim plays.
Withdrawing the complaint does not close the case
In public offences (the majority), once proceedings have begun they continue even if the complainant no longer wishes to go on, because the public prosecutor may maintain the charges in defence of the public interest.
Public, semi-public and private offences
In semi-public offences a prior complaint is required to prosecute, and in some the victim’s forgiveness may extinguish liability. In private offences (such as certain insults and slander between private individuals) the victim’s will carries more weight. The legal classification of the offence is decisive.
The exemption under art. 416 LECrim
A victim related to the suspect by family ties may, in certain cases, rely on the exemption from the duty to testify. Since the 2021 reform there are limits (for example, where the victim has already joined the proceedings as a prosecutor). It is not the same as “withdrawing” the complaint, but it affects the evidence.
What happens if the victim does not testify
The victim not testifying does not automatically mean an acquittal: the court assesses the rest of the evidence (medical reports, witnesses, messages, police report). In other cases, without that testimony the prosecution may be weakened.
Waiver of civil liability
The victim can waive compensation (civil liability), which does not extinguish criminal liability but does have effects on that part.
Beware of pressure and false accusations
Pressuring a victim or witness not to testify may constitute an offence. And knowingly reporting false facts also has consequences. Every decision should be assessed with legal advice.
Frequently asked questions
Can I withdraw the complaint at the police station? You can state that you do not wish to continue, but this does not always stop the proceedings. What if I regret filing the complaint? Discuss it with a lawyer; there are options depending on the type of offence. In gender-based violence cases? Proceedings usually continue ex officio.
Are you in this situation? Do not make any statement or take decisions 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.
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 →
