Can a complaint for gender violence be withdrawn?

shetu24

When a criminal procedure is initiated for a crime of gender violence or abuse , sometimes the complainant wants to withdraw the complaint for whatever reason. But is that possible? Is it possible to withdraw a complaint for gender violence? No, it is not possible to withdraw a complaint for gender violence or mistreatment once it has been filed. In fact, no type of complaint can be withdrawn, except in very exceptional cases , which are generally those private crimes that can only be reported at the request of a party (such as crimes of libel and slander ). We can help you At Dexia Abogados we are lawyers specializing in crimes of gender violence in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US In legal terms, complaints serve to inform the authorities of criminal acts. In simple terms, it is like pressing a button to initiate judicial and police actions.

Therefore, once the complaint has been filed, even if the complainant renounces private criminal action, the Public Prosecutor's Office can continue with the accusation if it is considered that there is sufficient criminal evidence to continue with the investigation and the judicial process. What happens if the victim does not want to testify after filing a complaint for gender violence? In crimes of gender violence, the victim 's statement is one DM Databases of the essential elements of the investigation and the accusation , because many times there is no more evidence. But, when the time comes to testify, either in the investigation phase or in the oral trial , the victim can take advantage of his right not to testify against his spouse or partner, as recognized in article 416 of the Criminal Procedure Law. They are exempt from the obligation to declare: 1. The relatives of the accused in direct ascending and descending lines, his spouse or person united by a de facto relationship analogous to that of marriage, his consanguineous or uterine siblings and consanguineous collaterals up to the second civil degree.



The investigating judge will warn the witness who is included in the previous paragraph that he has no obligation to testify against the defendant; but that he can make the statements that he considers appropriate, and the Attorney for the Administration of Justice will record the response that he gives to this warniArticle 416 of the Criminal Procedure Law The alleged victim's refusal to testify against the accused would greatly complicate the judicial investigation if there is no more evidence. Therefore, in these cases the judge usually agrees to the provisional dismissal and the shelving of the procedure due to lack of evidence. However, on some occasions the Supreme Court has forced the complainant of gender violence to testify even though she withdraws the private accusation and, therefore, renounces criminal action. This position serves to prevent the alleged victim from choosing to withdraw the accusation under threat or intimidation by the accused.