When he is the victim of a crime, or damage, it is necessary to file an indictment against the authorities competent to receive a legal answer, and this is what is known as complaint.
Understand what is a complaint in the law and how to write it and present it in front of the authorities is fundamental to receive an appropriate responsein line with their interests.
There is an important distinction between a complaint and complaint and in this article we will tell you what is, in addition to detailing each concept.
We will also talk about the model that is presented to the prosecutor, the criminal courts or the entities of civil law for you to know what actions and type of complaint requires your case, and, above all, to know how to do it.
Table of contents:
Legal definition of a complaint and its implications
It is the legal act in which a person, known as the plaintiff, filed with the judicial authorities a formal accusation against another person for the commission of a crime. The accused person is called the defendant.
The document of complaint must comply with certain formal requirements and legal to be valid. In the beginning, you must detail the facts, identify those responsible, and provide the necessary evidence to support the claim.
Through this document gave an official start to the criminal process when it comes to the crimes that require the active participation of the victim to be persecuted in the land court. The most important implications of filing a criminal complaint or of any other type are:
- Declaration committed you will participate in the judicial process.
- Attendance at the hearings and presentation of the evidentiary material.
- Statement assuming costs and efforts significant in terms of emotional and economic-to-resolution.
Complaint, Complaint and Grievance: legal difference
In the legal field, when speaking of demand, complaint and denunciation, reference is made to different terms. The difference between complaint and demand, as well as its relationship with the term complaint, is that all are used to approach legal problems in different.
| Complaint | Demand | Complaint | |
| Scope | Criminal / Civil | Civil / Work / Family / Commercial | Criminal |
| Objective | Charged with the formal way to start a process against you. | Resolve disputes between private parties. | To express in a formal way, upon the occurrence of a crime. |
| Parties involved | Who is accused, the accused and their defense attorneys. | Who demand, the defendant and its defenders. | The complainant and the receiving authority to investigate. After involving the defendant. |
| Initiation of the process | It starts with the admission officer. | It begins when the plaintiff files the lawsuit in court. | Begins when the complainant reports on the impact of the crime. |
| Results | Apply criminal sanctions or the recovery of material goods. | The execution of obligations, compensation, and other similar measures. | You will discover methods to put in place a criminal trial of ex officio. |
| Regulations governing | Criminal code and Criminal Procedure of Panama. | Judicial code, Civil, Labor and other laws according to the type of demand. | Criminal code and criminal procedure of Panama |
Knowing the difference will help you to exercise the legal right to carry out a procedure that fits your interests. In this sense, both respond to a focus on criminal, but the results are different depending on whether it is a crime of its own motion or complaint.
When is it appropriate to prepare and file a lawsuit in Panama?
The main objective of the procedure is to apply to a judicial system a resolution when the rights of a person have been violated in some way.
Therefore, filing a complaint in Panama is appropriate in different circumstances, depending on the scope and nature of the legal problem. In these cases, it is relevant:
In case of criminal offences:
- When has been the victim of a criminal offence serious as aggression, sexual abuse, attempted murder, among others.
- When has been the subject of criminal acts against the honorsuch as false accusations, slander and libel.
In both cases, the plaintiff formalizes his accusations against the authorities competent using a model of the criminal complaint. This happens for the accused to be prosecuted, punished or receive a reparation for the damages suffered.
In civil cases:
- When the other party has breached a contract signed previously.
- When it has suffered material or moral injury by the actions of another person or entity.
In this case, the plaintiff decides to file the written complaint with the purpose of enforce the terms of the contract, or obtain repair or compensation for the damage suffered.
When are crimes of office and complaint?
It is necessary to emphasize that, when it comes to a crime of craft as theft, assault and sexual abuse, the court system could proceed, although you do not file a formal complaint.
When it comes to a crime that requires a complaint as a breach of contract, criminal offences against honour and property damage, it will be necessary to querellar to the judicial system acting. This is because the crimes are considered more private.
How to write a complaint?
The criminal procedure law of Panama, has several articles in their Codes that define the drafting of the complaint. This includes the data that must be written during the writing according to the case that are present.
For example, in the Code of Criminal Procedure article 488 established guidelines. The first is that this process must occur in writing. The model complaint with the office of the prosecutor you must be drafted and submitted by a lawyer and, to be admissible, it must include the following elements:
- Exact details of address and identity of the accuser, and her attorney, as well as your signature.
- Data identification and address of the defendant.
- Relationship clear, precise, and detailed account of the fact. This includes the place, time and manner of implementation.
- Optimal test of the punishable act that is imputed.
In general lines, uses the same format of a criminal complaint in Panama to submit all complaints against the public prosecutor's office or any court of law. However, el court may order tests and additional explanations according to their competence.
How is it carried out a complaint in Panama?
Each complaint or lawsuit is a legal process that varies according to its implications, the response of each party during the procedure, and other similar aspects.
Broadly speaking, a criminal complaint in Panama, follow this procedure:
- Presentation that includes the wording on the part of the attorney, as well as the decision on the court or prosecutor's office in which we will present.
- Admission that consists of the review of the prosecutor or the judge, and the immediate decision on whether the complaint is admitted or not.
- Notice to the defendant that tells you about the beginning of the legal process and is given opportunity to respond to provide their evidence.
- Preliminary inquiry with the collection of evidence required for prosecution. Perform due diligence and preliminary hearings in which the parties express their position.
- Intermediate phase evaluating the evidence and decides whether the self-opening of trial in order to formalize the criminal process.
- Oral proceedings consisting of the hearing of oral hearings in which the parties present arguments. Through the lawyers will present arguments and evidence to the judge.
- Final resolution to which comes the judge will then evaluate the arguments and the evidence presented. Applies a sentence exculpatory or conviction.
- Additional resources that may then be submitted to trial and appeal if it considers that the sentence was unfair or does not conform to the law.
Do you want to file a complaint? You need a lawyer
At Brig, we have a vast firm lawyers criminal litigation and civil in Panama. This means that you we accompany you throughout the process, from the gathering of evidence until the final resolution if you need to.
On the other hand, if you have received a charge, you can count on our attorneys to defend their interests in any dispute. Please contact us as soon as possible and receive the best advice and legal protection for your legal issue.
