Withdraw a complaint Can a complaint be removed? As?

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Withdraw a complaint It is not possible because when it arrives at court, the judge and the prosecutor are in charge of deciding. Because with the complaint the only thing you do is inform the authorities of facts that may constitute a crime. 

He judge and the Prosecutor's Office They are in charge of investigating to determine if the facts constitute a crime. If this is the case, they will continue with the process whether the complainant agrees or not.

Withdraw a complaint Can a complaint be removed? As?
Withdraw a complaint Can a complaint be removed? As?

Can a complaint be removed?

The complaint cannot be removed, what can be done is to renounce carrying out criminal actions in a private capacity. But the Court will continue with the investigation of the case and the Prosecutor's Office will continue with the accusation. 

This is because when file a complaint The State is informed that acts that may constitute a crime have been carried out. Which is decided by a judge, but the State cannot stop doing anything because it affects society and public life. 

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For this reason, it is entrusted accusation and persecution of crimes to the Public Prosecutor's Office. In cases that are considered ex officio or public prosecutions, which are almost all those established in the Penal Code.

When you give up pursue criminal actions and the intention is expressed not to continue with the process, the decision is made by the Public Prosecutor's Office. This is in case there is no more evidence than the testimony of the victim and he does not see how the process can continue and decides to file it. 

How to remove the complaint?

The complaint cannot be removed only if it is some type of crime of persecution private, such as slander and insult. But there are other actions that have the same effect as remove the complaint, such as renouncing criminal action and requesting that the criminal procedure be archived. 

The other thing that can be done is desist from criminal action, which consists of the complainant and the accused not appearing at trial. This is done by an out-of-court agreement or by withdrawal. 

When this happens, what the judge can do is issue a absolute judgment due to lack of evidence or the process is archived. But as a consequence, a new complaint cannot be filed for the same facts. 

How to withdraw a complaint gender violence?

Women often, after filing a complaint for gender violence, decide withdraw the complaint. This is because they regret having reported or because they are afraid, but the report cannot be withdrawn. The only thing you can do is take advantage of the right not to declare.

The complaints serve to inform the police and the judge of the existence of criminal acts. Therefore, after the complaint is filed, even if you renounce criminal action, the Public Prosecutor's Office will continue with the procedure. But this will only be in cases where there are indications of the presence of a crime.

The court, for its part, will continue with the accusation as long as there is a presumption that a crime may have been committed. criminal act. This body will continue to investigate ex officio the possibility of the commission of the crime.

But even if the woman has decided not to continue with the complaint, because she is the wife or partner of the accused, she will have to to declare. This according to the article 416 of the Criminal Procedure Law

For these trials, the victim's statement is necessary to continue the investigation process against the accused. But if at the time of judicial investigation or the oral trial, the victim decides to rely on the right not to declare In the presence of someone who was your partner or spouse, the investigation is difficult.

When this occurs, it is most likely that the Judge will agree to the provisional dismissal and the archiving of the process due to lack of evidence. 

Procedure to remove the complaint for gender violence

When it has been reported for gender violence The procedure to follow to remove the complaint is as follows: 

 The complainant must go to the women's violence court who is handling your case and request an appearance. To do this, you require the procedure number and there clearly declare that you renounce all civil and criminal actions that you had taken towards your partner or spouse.

Just as if there is a Restraining order You must ask to annul the measure established by the court. To start a process of this type, it is best to have the advice of a criminal lawyer who is an expert in the area. 

This procedure is a notification of the decision made by the complainant. But the process can continue if the Prosecutor's Office or the judge considers the existence of a crime.

When an action of this type is carried out, you must wait for the decision of the Judge and the Prosecutor's Office. This is because they are the only ones authorized by law to decide not to continue with the judicial process. 

What is the deadline to withdraw a complaint?

There is no deadline for withdraw a complaint only for cases of crimes of private persecution or minor crimes. This process is not simple either and is almost impossible to carry out because when the complaint is filed the judicial process is activated. 

For cases of minor crimes The competent court sends the complainant a notification whose objective is rectification. The waiting time is approximately two months, if there is no rectification the process stops.

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