Meaning of Complaint (What is, Concept and Definition)

What is Complaint:

Complaint is a procedural act that informs the judge of a punishable act and expresses the will to exercise criminal action .The complaint is a right, which is possessed by all citizens, who have been offended by crimes committed against their person or property.

The complaint is proposed in writing and can be presented by any natural person or legal, which has the character of victim, or by a State authority, such as: the prosecutor, before the judge or control court.

In relation to the above, there is a public or private complaint. The complaint of public crimes is characterized by being “ex officio” and is filed by the authorities themselves.In turn, the complaint of private crimes is the affected party who must to express their willingness to be part of the process and file the complaint.

As such, the complaint is composed of: the complainant (who makes the complaint) and the defendant (the defendant).It must also contain a series of data, essential to be admitted, such as:

• Identification of the Judge or Court before whom it is presented the complaint.
• Personal data of the complainant and complainant, either: name, surname, address, profession, age, among others, that is relevant to the process.
• The crime which is imputed to him next to his legal base, stipulated in the legal order of the place.
• A relation of all the essential circumstances of the fact.
• Request that the complaint be admitted and the request of all the proceedings that he deems necessary for the case.
• At the end of the written signature of the victim or his lawyer.

It should be noted that the order expressing by the Judge the dismissal of the complaint may be appealed, through the Appeal.Also, during the process, the complainant may withdraw the complaint filed.

On the other hand, the complaint is expression of physical or moral pain .

Complaint and complaint

The complaint is a written statement or word, of acts by individuals that may constitute a crime.In this sense, the complaining party does not personally intervene as an accusing party in the process.

Instead, the complaint is a written statement to update the Judge or Court on facts that characterize a crime.