06/02/2026
A criminal procedure begins when a court becomes aware of facts that could constitute a criminal offence within its jurisdiction. At that point, the judge must decide whether to initiate the corresponding proceedings.
This decision does not involve assessing evidence yet, but only determining whether the facts may fall within a criminal offence.
One of the most common ways to start proceedings is through a complaint.
Anyone can report facts to the police, such as the Mossos d’Esquadra. If the officers consider that the facts may be criminal in nature, they forward the complaint to the court so that proceedings can be initiated.
Another route is the criminal complaint (querella), which is filed directly with the competent court.
It is a formal document that must meet legal requirements and be signed by a lawyer and a court representative. This is a common route when the victim wants to actively participate in the criminal proceedings.
Both complaints and formal charges may come from the victim, but it is also very common for the police or the Public Prosecutor’s Office to initiate proceedings when they become aware of a possible crime.
Once the court receives the information, it decides whether to open criminal proceedings and what type of procedure is applicable.
In most cases (except minor offences), the first phase will be the investigation stage, where the facts are examined and the case is prepared for trial.
Reflections and explanations to better understand criminal law.
Expert legal advice can help you recover your money, prevent further losses and support the investigation into those responsible.
The investigation (or instruction) phase, explained in a simple way.
The decisions to be made once the facts have been investigated: dismissal or continuation of the proceedings.