When a person needs to go to the judicial system, knowing if they must file a lawsuit, a complaint or a complaint is not a minor issue. The success of the process depends on this decision, The validity of the claim and respect for due process.
This is explained by Juan Diego Melo, criminal of Counsel by Scola Lawyers, and Carlos Carvajal, lawyer of Lloreda & Co., who agree that the distinction between these mechanisms is essential To effectively access justice, avoid delays and protect the rights of victims.
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Demand is the instrument through which a citizen goes to a judge to claim a right in civil, work, family or administrative jurisdictions. That is, it applies to conflicts related to contractual obligations, compensation, regime of visits, food or nullity of administrative acts, among others. As Carvajal clarifies, “Demand is not used for the beginning of the investigation of criminal behavior”what differentiates this appeal from the figures of criminal law: the complaint and the complaint.
Both the complaint and the complaint are tools to inform the Attorney General of the Nation a “Criminal news”, That is, facts that could be constitutive of a crime. However, there is a substantial difference: the complaint can be filed by anyone, even anonymously, so that the Prosecutor’s Office initiates an ex officio investigation.
The complaint, on the other hand, can only be presented by the legitimate complainant – that is, The victim or his legal representative– And apply only for complaints, such as insult, slander, mild personal injuries or domestic violence without disability.
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Demand
Timely presentation
Melo explains that “If a victim does not have a complaint in a timely man. In addition, remember that the Prosecutor’s Office is not empowered to resolve patrimonial conflicts. Therefore, try to solve A civil disagreement through a criminal complaint may delay or hinder access to justice.
Both experts agree that one of the most frequent errors is to present the incorrect resource before the wrong authority. For example, file a civil lawsuit in a criminal court or criminally denounce a breach of contract. These errors not only imply delays and procedural costs, They can lead to the immediate rejection of the claim.
The complaint and complaint can be presented verbally or written, even by technical means such as telephone or email, provided that the complainant or complainant is identified and the fact is in detail. According to article 69 of the Code of Criminal Procedure, who receives the complaint or complaint must warn about the consequences of presenting a false information, which can lead to criminal responsibility.
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Demand
On the legitimation, Carvajal clarifies that, in the case of demand, it is enough to hold a subjective right or legitimate interest; For the complaint, the part affected by the criminal act is required directly; While the complaint can be filed by any citizen, even a witness without direct interest. This has practical and ethical implicationssince a false complaint or a complaint without legitimacy can be criminally sanctioned.
There are also situations in which it is possible to file more than one resource simultaneously. For example, a person who is a victim of personal injury can file a criminal complaint and, at the same time, a civil lawsuit to demand the corresponding compensation. Or a victim of theft You can denounce the fact criminally and then initiate a judicial process For the economic repair of the damage.
In any case, both Melo and Carvajal agree that citizen ignorance about these differences should not be considered a minor issue. Understanding what the legal mechanism is appropriate for each situation, allows to guarantee due process, avoid the expiration of actions and optimize the administration of justice. Besides, In a country where effective access to justice remains a challenge, Having clarity about these mechanisms is not only the responsibility of lawyers, but a right and need for all citizens.
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Nelson Doria Arcila
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