What happens after reporting? the criminal process step by step - violence domestic family

Filing a complaint is the crucial first step to activate the criminal justice system. But what happens next? Many people feel lost or confused by the bureaucratic and legal maze that follows a complaint. This comprehensive guide aims to demystify the criminal process, providing a clear and concise overview of each stage, from the initial investigation to the possible holding of a trial.

The First Step: Filing the Complaint and Its Registration

The complaint is the formal act by which the competent authorities are informed about the possible commission of a crime. It can be filed with the police, the Civil Guard, or directly with the investigating court. It is essential that the complaint contains a detailed description of the facts, the identification of the alleged perpetrator (if known), and any evidence or indications that may support the accusation. Once filed, the complaint is officially registered, formally initiating the process.

Importance of a Clear and Detailed Complaint

Clarity and precision in the complaint are crucial. The more detailed the information provided, the easier it will be for the authorities to begin an effective investigation. Include dates, times, locations, names of witnesses (if any), and any other relevant details. Avoid conjecture and focus on objective facts.

The Preliminary Investigation: Establishing the Facts and Gathering Evidence

Once the complaint is registered, a preliminary investigation phase begins, carried out by the judicial police under the supervision of the Public Prosecutor. The main objective of this phase is to determine whether there are sufficient indications that a crime has been committed and who the alleged perpetrator is. This stage may include:

• Taking statements from the complainant and possible witnesses: Testimonies are collected to reconstruct the facts.
• On-site inspections: The locations where the events occurred are examined.
• Requesting expert reports: Experts in different fields (medical, forensic, IT, etc.) are commissioned to analyze evidence and determine responsibilities.
• Obtaining documents and physical evidence: Objects, files, recordings, etc., that may be relevant to the investigation are collected.

The Role of the Public Prosecutor in the Investigation

The Public Prosecutor plays a fundamental role in the investigation. They are responsible for directing the police investigation and ensuring the legality of the process. They can request additional procedures, interrogate suspects, and even request precautionary measures (such as detention) if they consider there is a risk of flight or destruction of evidence.

The Instruction Phase: Judicial Decision on the Continuation of the Process

Once the preliminary investigation is completed, the file is forwarded to the investigating court. The investigating judge will analyze the procedures carried out and decide whether there are reasonable indications of criminal conduct sufficient to continue the process. In this phase, the judge may:

• Dismiss the case: If they consider that there is not enough evidence to prove that a crime was committed, or that the alleged perpetrator cannot be identified.
• Continue with the instruction: If there are reasonable indications of criminal conduct, they will order the carrying out of new procedures (taking statements from the accused, additional expert reports, etc.) to clarify the facts.
• Issue precautionary measures: They may impose measures such as pretrial detention, release on bail, or a restraining order to ensure the accused's presence at trial and to protect the victim.

The Right to Defense in the Instruction Phase

During the instruction phase, the accused has the right to appoint a defense lawyer. If they do not, a court-appointed lawyer will be assigned. The defense lawyer has the right to access the case file, to propose the carrying out of investigative procedures, and to attend their client's statement.

The Oral Trial: Presentation of Evidence and Judgment

If the investigating judge considers that there is sufficient evidence to try the accused, an order opening the oral trial will be issued. In this phase, the parties (the prosecution and the defense) present their evidence before the tribunal (a judge or a panel of judges). The oral trial is public, except in certain cases (for example, to protect the victim). During the trial, the following procedures are carried out:

• Defendant's statement: The defendant has the right to testify or to remain silent.
• Witness testimony: Witnesses testify under oath or promise to tell the truth.
• Presentation of expert evidence: Expert witnesses explain their reports and answer questions from the parties.
• Presentation of documentary and physical evidence: Documents, objects, recordings, etc., that may be relevant to the case are exhibited.

The Importance of Evidence in the Oral Trial

Evidence is fundamental in the oral trial. The tribunal will evaluate all the evidence presented by the parties to determine whether the accused is guilty or innocent. The burden of proof lies with the prosecution, which must prove the accused's guilt beyond a reasonable doubt.

The Judgment: Guilt or Innocence and Possible Appeals

Once the oral trial is concluded, the tribunal issues a judgment. The judgment may be a conviction (if it finds the accused guilty) or an acquittal (if it finds the accused innocent). In the event of a conviction, the judgment will determine the penalty to be imposed on the accused (imprisonment, fine, disqualification, etc.).

Appeals Against the Judgment

Both the prosecution and the defense can appeal the judgment before a higher court. The appeal is filed against judgments issued at first instance. The cassation appeal is filed against judgments issued on appeal, and can only be based on grounds of legal error (mistakes in the application of the law).

Protection of the Victim during the Criminal Process

The law establishes a series of protective measures for the victim during the criminal process. These measures may include:

• The right to be informed about the development of the process.
• The right to be assisted by a lawyer.
• The right to receive police protection.
• The right to testify without the presence of the accused.
• The right to request a restraining order.