When we become victims of a crime or witness an illegal act, the first reaction is usually to “want to report it.” However, in the Spanish legal system, not all paths to initiating criminal proceedings are equal. The choice between filing a report or a complaint can determine not only the cost of the process, but also your degree of control.

At Actum Advocats, our law firm in Girona and Vidreres, we analyze the keys so that you know which path best protects your interests.

1. What is a Report? The communication channel

The complaint is, in essence, the communication of facts that may constitute a crime to the authority (Police, Civil Guard, Mossos d’Esquadra or the Court of Duty).

• It is a duty: In many cases, citizens have a legal obligation to report if they witness a crime.

• Simplicity: It does not require a lawyer or attorney. You can go to the nearest police station in Girona and report what happened.

• Role of the complainant: Once filed, the complainant is not automatically part of the judicial process. Your role ends with reporting, unless you decide to appear later as a “private accuser”.

2. What is the Complaint? The course of action

Unlike the complaint, the complaint is a much more formal procedural act. You are not only reporting a crime, but you are also expressing your willingness to be an active part of the judicial process.

• Formal requirements: It must be presented in writing before the competent Investigative Court and, necessarily, requires the signature of a lawyer and a solicitor.

• Direct participation: The complainant proposes evidence, requests investigative measures and participates in each phase of the judgment.

• Possible bail: In some cases (especially in the popular action), the judge may require a bail to admit it to the procedure.

Key Differences: Comparison Chart

The answer depends on the seriousness of the matter and your goals personal:

When to choose the Report:

It is the ideal option for minor crimes, low-value thefts or situations where you simply want to record an event for the police to investigate (for example, for insurance). It is fast, free and does not commit you financially from minute one.

When to choose the Complaint:

If you have been the victim of a serious crime (complex scams, medical negligence, crimes against honor or aggression), the complaint is your best tool. By presenting yourself as a complainant from the beginning with Actum Advocats, we ensure that the process is not prematurely filed and that the necessary precautionary measures are requested to protect you.

Why trust ActumAdvocats in Girona

Initiating criminal proceedings is an emotionally and legally complex step. At Actum Advocats, we understand that each client in the Girona and Vidreres area is looking for something more than a procedure; they are looking for justice and peace of mind.

• Strategic Advice: We evaluate the evidence you have to decide if a complaint is sufficient or if the lawsuit is the winning move.

• Proximity: We are lawyers in Girona who speak your language, know the local courts and are by your side in every statement.

• Victim Protection: We don’t let you feel alone in front of the judicial system. If there is a crime involved, our priority is your reparation.

Have you been the victim of a crime or do you need urgent advice? Don’t make any decisions. At ActumAdvocats we help you choose the right path to defend your rights.