Complaint vs. Indictment: What is the Difference and When to Use Each

In the Spanish criminal system, a report and a complaint are two distinct ways to initiate an investigation. Although both serve to communicate potentially criminal facts, their scope, requirements, and procedural effects are different.

If you are unsure between one or the other, this analysis will help you decide with criteria and, if needed, have the support of lawyers in Murcia with experience like GVC Abogados (García Valcárcel & Cáceres).

What is a report

A report is the communication to the authority (Police, Civil Guard, Prosecutor's Office, or Court on Duty) of facts that could be a crime. It can be verbal or written and does not require a lawyer or legal representative. Its legal basis is found in the *Ley de Enjuiciamiento Criminal* (Criminal Procedure Act), which regulates the general duty to report certain crimes (arts. 259 and 262 LECrim) and exemptions for certain relatives (art. 261 LECrim).

What is a complaint

A complaint is a formal document by which, in addition to informing the Court of the facts, the complainant appears as a private prosecution. It requires a lawyer and legal representative and must meet content requirements (art. 277 LECrim). The LECrim provides that it must be submitted by a legal representative with power of attorney and signed by a lawyer (art. 270 LECrim) and allows the Court to require a bond except in certain cases, especially when the victim is the one filing the complaint (arts. 280 and 281 LECrim).

When it is advisable to file a report

Public crimes: thefts, injuries, fraud, gender violence, cyber crimes, etc. The authority will investigate ex officio.
Need to act quickly: if it is urgent to activate proceedings (e.g., preserve cameras, medical attention, report), filing a report is immediate.
When you do not have the perpetrator identified: it is enough to recount the facts and provide evidence; you do not need to direct the action against a specific person.
If you do not wish to appear yet: you can assess later whether to constitute yourself as a private prosecution.

How and where to file a report

Before the National Police, Civil Guard, Prosecutor's Office, or Court on Duty. It can be verbal or written.
It does not require a lawyer or legal representative; there are no fees. It is advisable to provide documents, photos, witnesses, or medical reports.
The online “pre-report” of the Police or Civil Guard speeds up the process but requires in-person ratification.

When it is advisable to file a complaint

Private crimes that require a complaint to be prosecuted: defamation and insults (art. 215 *Código Penal* (Penal Code)).
Semi-public crimes that require a report from the aggrieved party: for example, crimes against privacy and secrecy (art. 201 *Código Penal* (Penal Code)) and other cases with requirements for initiation.
When you wish to appear from the outset as a private prosecution to promote the investigation, propose proceedings, request precautionary measures, and direct action against specific individuals.
Complex or sensitive matters (expert opinions, multiple investigated parties, media relevance) where procedural strategy is key.

Basic requirements for the complaint

Lawyer and Attorney with special power; presentation before the competent Court (generally, the investigating court of the place of the events).
Minimum content: details of the complainant and defendant (if known), detailed account of the facts, legal qualification, requested proceedings, and documents.
Bond: the Court may require it to respond to costs; the offended party and their heirs are usually exempt.

Practical differences between a report and a complaint

Involvement of professionals: a report does not require a lawyer or attorney; a complaint does.
Appearance: with a report, you are not automatically appearing; with a complaint, you act as a private prosecution from the outset.
Cost: a report does not incur fees or charges; a complaint involves fees and possible bond.
Strategy: a report communicates facts; a complaint designs and directs an active procedural strategy.
Legal requirement: some crimes are only prosecuted by complaint (defamation and insults) or require a report from the aggrieved party (certain crimes against privacy).

Deadlines, withdrawal, and effects

Deadlines: there is no "deadline to report" distinct from the statute of limitations for the crime. Act as soon as possible to avoid losing evidence or rights.
Withdrawal: withdrawing a report has no effect in public crimes (the case continues). In crimes that require the initiative of the aggrieved party, withdrawing the report or not filing a complaint may halt or prevent criminal action.
Precautionary measures: with a complaint, it is usual to request measures (prohibitions on approaching, bonds, seizures) when there is a basis.

Report and complaint in family conflicts and inheritances

As a family and inheritance law firm in Murcia, we often see that civil conflicts are accompanied by criminal aspects. Choosing between a report and a complaint can be decisive in protecting your rights.

Family law

Gender-based or domestic violence: urgent report to activate protection and record.
Violation of measures or non-payment of alimony (art. 227 CP): report with proof of non-compliance; depending on the case, appearing as a private prosecution to promote proceedings.
Threats, coercion, or disclosure of secrets in the family context: assess whether a report is sufficient or if a complaint is advisable due to the complexity of evidence.

Inheritance and family assets

Misappropriation of inherited assets, disloyal administration, or fraud in inheritance communities: can be initiated with a report if author details are missing; the complaint allows for the request of accounting and precautionary measures.
Unauthorized access to the deceased's accounts or emails: crimes against privacy that may require a report from the aggrieved party or their heirs.

In these scenarios, a prior analysis by family law attorneys and inheritance lawyers prevents missteps and coordinates the civil and criminal strategy to achieve the best outcome.

How GVC Abogados in Murcia helps you

GVC Abogados (García Valcárcel & Cáceres) is a law firm based at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia, with extensive experience in criminal law, family law, and inheritance. Since 1946, our culture of “nobility” —clarity, honesty, generosity, and enlightenment— guides our way of advising and defending you.

Working methodology

Feasibility analysis and strategy: we evaluate whether to report or file a complaint, risks, and objectives.
Collection of evidence: civil and criminal documentation, medical history when there are injuries, witnesses, digital evidence.
Expert reports and proceedings: we work with experts (medical, accounting, IT) to support the accusation.
Execution and follow-up: filing of report or complaint, appearing as a private prosecution, promoting the investigation, and defending your interests until sentencing and execution.

If you are looking for lawyers in Murcia with a multidisciplinary approach and proven experience —including our specialization in medical negligence since 1998— we can help you choose the right path and manage your case effectively.

Frequently asked questions

Can I report anonymously?

The authority can receive anonymous communications, but an identified report facilitates the investigation and allows you to appear as a private prosecution if you wish.

Can I file a complaint without a lawyer?

No. The complaint must be presented by a Procurador with power and signed by a lawyer. It is a technical document with legal and strategic requirements.

How long does a report or complaint take?

It depends on the complexity, workload of the Court, and volume of proceedings. A well-founded complaint can expedite certain actions by specifying those investigated, facts, and evidence.

What happens if I have been accused?

You should contact a criminal lawyer immediately to appear within the deadline, prepare your defence, and, if appropriate, take action for a false accusation.

Conclusion: which to choose and how to start

As a practical rule, file a report when you need to activate the investigation of criminal acts quickly, without necessarily identifying the perpetrator or appearing initially. Opt for a complaint when the law requires it (defamation and slander), when you want to actively promote the case as a private prosecution, or when the matter requires a solid procedural strategy and precautionary measures.

Do you need to assess your case? At GVC Abogados, we provide you with advice without obligation to decide whether to report or file a complaint and to design the appropriate strategy. If you are looking for family law attorneys, inheritance lawyers, or criminal law attorneys in Murcia with experience, contact us and we will help you protect your rights from day one.

This content is for informational purposes only and does not constitute individualized legal advice. Each case requires a specific analysis.