Denuncias & Querellas Explained

If you have been living in Spain for any length of time you will no doubt have heard of a Denuncia, but there is every chance that you haven’t heard of a Querella, and as such it is logical to deduct that you don’t know the difference between the two?

So let’s start with a couple of definitions:

A Denuncia is a process by which an individual declares to the police, public agency or Judge a potential breach of the law. This person is not necessarily the person pursuing the Denuncia, they are just providing notification to the relevant authority, or something they feel or think may be wrong.

It is up to the Authority to determine the facts of the situation and determine if a case exists, and proceedings need to initiated

A Querella is where the individual is the actual complainant and is asking a Judge to investigate. It is always presented as a written document and a procurador (similar to a barrister) is required.

Any Spaniard can present a Querella on any subject, but as a foreigner you can only issue one for cases that you are personally involved in

Clear? Maybe a few examples will help!

Say you are pulled over by a Police man for a traffic violation such as speeding, not wearing a seat belt, you will receive a Denuncia, which you can then contest in front of the relevant authorities.

Say your car was broken into. By notifying the Police you are issuing a Denuncia, who then investigate to determine if a crime was committed and if you are very lucky, by whom!!!

The Denuncia can be wither written, or in one of those lovely idiosyncrasies verbal – in which case the verbal Denuncia will be written down and given to you for your records!

It is also worth noting that although it is easy to issue a Denuncia you need to be aware that if the issuing is later deemed to be malicious in intent, the person you Denunced can sue you!

And ….

You must issue a Denuncia if you witness a crime, unless that crime is committed by a close family member such as your wife, husband, kids, Grannie etc. The same applies if a crime is confessed to you (I assume Priests are excluded), or you become aware of the crime through your work.

A Denuncia is required in Spain to get certain processes started, for example if you lose a Passport, Driving License etc.

It is worth checking the web site policia.es to see if you can submit the Denuncia online.

Back to the Querella. In most cases a deposit is required when you raise the Querella which basically is used to cover the cost of any trial should you loose!

If your Querella interferes with the earning potential of the accused you may even be asked to provide a bond based on a % of any possible loss in earnings.

Having reviewed the case the Judge will issue a binding auto, which you can appeal through a process known as recurso de apelación

As ever check with a qualified legfal professional for the best option in your situation, and the most up to date information.

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