Withdraw a complaint It is not possible because when it comes to court, the judge and the prosecutor are in charge of deciding. Because with the complaint, the only thing that is done is to inform the authorities of facts that may constitute a crime.
He judge and public prosecutor 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.
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 Public Prosecutor will continue with the accusation.
This is because when you file a complaint the State is informed that acts have been carried out that may be a crime. 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 recommended accusation and persecution of the crimes to the Public Prosecutor. In cases that are considered prosecutable ex officio or public, which are almost all those established in the Penal Code.
When you give up take criminal action and the intention is expressed not to continue with the process, the decision is the Public Prosecutor's Office. This one in case there is no more evidence than the testimony of the victim and he does not see how he can continue the process and decides to file it.
How to remove the complaint?
The complaint cannot be removed only if it is some kind 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 waiving the criminal action and requesting the file of the criminal procedure.
The other thing that can be done is withdraw from criminal action, which consists of the complainant and the defendant not appearing at trial. This is done by an extrajudicial 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, it will not be possible to file a new complaint for the same facts.
How to withdraw a complaint gender violence?
Women many times after filing a complaint for gender violence, decide withdraw the complaint. This is because they regret having denounced or out of fear, but the complaint cannot be withdrawn. The only thing you can do is invoke the right not to declare.
The complaints serve to make the police and the judge aware of the existence of criminal acts. Therefore, after filing the complaint, even if you waive the criminal action, the Public Prosecutor will continue with the procedure. But this will be only in cases where there are indications of the presence of a crime.
For its part, the court will continue with the accusation as long as there is a presumption that a crime could 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 with the investigation process against the accused. But if at the time of the judicial instruction or the oral trial the victim decides to rely on the right not to declare Before who was your partner or spouse, the investigation is difficult.
When this happens, it is most likely that the Judge will order the provisional dismissal and the filing of the process due to lack of evidence.
Procedure to remove the complaint for gender violence
When it has been reported gender violence The procedure to follow to remove the complaint is as follows:
The complainant must go to the women's violence court who handles your case and request an appearance. To do this, you need the procedure number and clearly state there that you waive all civil and criminal actions that you had taken against your partner or spouse.
Like 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 expert in the area.
This procedure is a notification of the decision made by the complainant. But the process can continue in the event that the Public Prosecutor or the judge consider the existence of a crime.
When an action of this type is carried out, it is necessary to wait for the decision of the Judge and the Public Prosecutor. 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 easy either and it is almost impossible to carry out because when the complaint is filed, the judicial process is activated.
For the cases of minor crimes the competent court sends the complainant a notification which has the objective of rectification. The waiting time is approximately two months, if the rectification does not exist, the process stops.