You and the law in Spain
Here you will find articles on practical legal issues in Spain. These articles have been published in various papers and magazines.
- 04-09-2011What if you can’t pay the mortgage…
- 01-08-2011Selling your Spanish property
- 24-06-2011Consumer complaints
- 05-06-2011The “denuncia”
- 15-05-2011NIE number, residencia, registration, padrón etc.
- 15-03-2011Legal Aid
- 14-02-2011Renting out your property
- 26-01-2011Buying property in Spain
- 12-01-2011Inheritance procedure
- 11-01-2011Making a will in Spain
The so-called denuncia is the formal complaint, report or accusation of a supposed infraction of the law in front of the police or other competent authority.
As a victim of a supposed offence or crime – thread, robbery, assault, rape etc.- you can report this to the authorities, usually the Guardia Civil. You don’t necessarily have to be the victim of the fact, also being a witness or the simple fact that you know of a crime is enough reason to make a denuncia.
A denuncia can be made verbally or in writing. When you go to the police station, a report will be drafted of your statements, which you will have to sign. It is not possible to make an anonymous denuncia. You do not have to proof the facts that you report, but take into account that a false denuncia is considered a crime.
Normally the Guardia Civil will investigate the facts that you report. Every denuncia will be sent to court. Once received in court, the judge will decide what to do. When the judge estimates that the facts you have alleged do not implicate a crime, the case will be stored away. Also when, according to the judge, a crime is committed, but it is impossible to identify or find the accused, the case will be held on until there are new events. In these cases you will not be informed! When you have made a denuncia and don’t hear anything, after a while you can/must go to the court yourself to find out what has happened.
When there is a clear infraction of the law, and the responsible person can be traced, the case will follow its way to court. Only when you are the victim or party in the process, you will be informed and in its case you will be called to court for further proceedings.