The complaint and lawsuit are not the same thing
What is the complaint and what the complaint: who may submit such documents and the terms within which it can actThe choice of one or the other brings with it different consequences that you need to know to protect yourself the better. But we see better what is the difference between a complaint and a complaint. The complaint may be submitted by anyone to the facts of which you are the victim as well as for the facts of which you were only witnesses. If the author of the complaint is the private citizen, he has the right (not the obligation) to report facts of the crime, except in exceptional cases. Attention: the requirement of a complaint for the city to intervene when the person in at least three cases: The complaint may be submitted, after the damaging event, or from the knowledge of the fact of a crime, without time limits. The Judicial Police will carry out surveys to ascertain the facts denounced.
It is important to know that the person that filed the complaint, may be called to testify before the Court.
If the person that filed the complaint is also the victim of the crime, may decide to intervene as a civil claimant in the criminal proceedings to request the restitution or compensation of the damage. The lawsuit is the act by which the offended person personally (or special prosecutor), shows the willingness of the Judicial Authority that the offender may be criminally prosecuted and that make sure his conduct. Unlike the complaint, therefore, through the lawsuit not only communicates the news of crime, but expressly asks that you proceed against the offender. The lawsuit can be filed only by the person offended by the crime (or his or her legal heirs in case of death or incapacity). The person offended by the crime is not the only victim of the crime but also the person owner of the asset that is harmed. In fact, the offending person is to be distinguished from that of another figure: the victim of the crime. The latter, however, is only one who has suffered the damage (e.g. economic loss), but is not the holder of the legal asset protected by the rule. Let's take an example. Illegal access to computer system. An employee of a company steals the password and logs on to the computer system of the company and extract sensitive information that it communicates to a local newspaper, which relate to documentation signed by an executive the directors of the company. In this case, the person harmed by the offence will be that the company, in the person of its legal representative, and the manager, in case he has suffered pecuniary loss or non-pecuniary, which is derived from the illegal access, it will be damaged by the offence. The victim, unlike the victim, has no right of action, but, however, you may submit a complaint for the crimes to be prosecuted ex officio. As a rule, this distinction has no weight because, in most cases, the offended person coincides with the person damaged by the crime. In addition to the requirements required for the complaint, the complaint must contain the manifestation of the will that the offender is subject to a criminal investigation. In fact, the lawsuit is a condition of admissibility for all those crimes that can be prosecuted only if it is submitted in the lawsuit.
Therefore, many common crimes (such as unintentional injuries, even serious, as a result of traffic accident), in the absence of the lawsuit, will not be established.
Let's take an example. I have been a victim of a car accident and suffer an injury which results in an illness of thirty days. In this case, if I want the guilty to be prosecuted, I will have to necessarily file a lawsuit. If I introduce a simple complaint that the criminal proceedings will cease for the absence of a formal complaint. Different is the case of criminal offences prosecutable ex officio, that is, those who do not need a lawsuit, but simply of the complaint.
The law, in fact, distinguishes the two institutions
The criminal proceedings in this case will follow its course, even in the absence of a complaint.
The lawsuit must be filed, for the most part of the offences, within the non-extendible period of three months from the moment of actual knowledge of the fact. Let's take an example.
The day there in January, I purchased a software for my company, with installation scheduled for the thirty-first of January.
The seller to me insured the quality of the product, and to convince me of his expertise, he has also shown his diploma in computer science. The software is not installed by the due date.
The seller does not respond to the telephone and becomes unavailable.
In the following days I do the investigations and the sixteen February I find out that, in reality, the diploma in computer science is fake and the seller has acted in the same way, to the detriment of other people, presenting themselves as an expert, receiving the price of the product and failing to install it. In this case, only the sixteenth of February, I have had actual knowledge of the scam, and then I get the time from sixteen February to sixteen may (included) to act with the filing of a lawsuit. Also in this case, the lawsuit involves the opening of a criminal proceedings which will be followed by surveys to ascertain the facts denounced. The plaintiff will always be able to be heard by the Judicial Authority as a witness of the facts. Attention: if it is in your interest to know the outcome of the proceedings in the case of storage it is necessary to be expressly requested in the notice of complaint, otherwise any request for storage will not be disclosed and may expire the terms (or twenty days), to propose the opposition. For this reason, it is recommended to elect domicile at the place where the restored residence or at the law firm of the defender to have under control the proceedings. All offenses punishable of the office may be the subject of a complaint and or lawsuit. Offences punishable on complaint, as the word itself says, to be the subject of a criminal proceedings must be disclosed to the authorities only through the complaint within a period of three months from the knowledge of the fact. No, absolutely not The person who is the victim of the crime (whether the victim or damaged by crime) has the right (but not the obligation) to immediately appoint a trusted lawyer. But can also choose to proceed without the aid of a lawyer. However, if, as a result, intends to ask the Criminal Court for restitution or compensation for damage, to be able to do should be set up as a civil party, with the mandatory assistance of a lawyer of confidence. 'Law for All' is a newspaper founded by avv.
