Reporting a crime
A police report is a notice to the police that a crime may have been committed. If you have experienced violence, you can file a police report.
A police report can be filed with any police department in the country. As a rule, the police have a duty to investigate all reports of suspected criminal activity.
However, the police will not investigate crimes against the injured party if the injured party has stated that they do not demand punishment for the perpetrator.
Police reports filed online are forwarded to the competent police unit.
Some police reports are filed by police officers themselves when a unit responds to an incident.
The police may direct victims to apply for a restraining order or order a temporary restraining order that a court will confirm. To begin an investigation, the police need as detailed a description as possible of the incident and the individuals involved.
The police are obligated to report domestic violence. According to the law, the police are obligated to report violence in close relationships as part of their duties. The purpose of this is to intervene in the violence.
The sooner you report a crime, the easier it is for the police to investigate the crime and the more likely the crime can be solved. Violence can also be reported to the police later. But, note the investigation is more difficult after time passes and that crimes have statutes of limitations.
If the police have a reason to suspect that a crime has been committed, a pre-trial investigation is opened.
The length of the investigation depends on the nature of the crime. Simple and clear-cut criminal offences are quick to investigate, while complex cases with little evidence to go on take longer. The length of the investigation also depends on the number of other cases that the police is dealing with at the same time.
To support the victim more information can be found from the Oficina de Asistencia a la Víctima de Delitos.
If the police makes a crime report, the police should thoroughly document all events and key findings from the crime scene, such as a fist size hole in the wall or broken items, and describe any observed injuries.
It's important for the police to inquire about prior violence and understand the victim's situation, including mental and other forms of violence, their subordinate position, and their fear. This comprehensive information is crucial because if the details of the case are limited and the act appears mild or isolated, the police officer in charge of the preliminary investigation may not prioritise it as the most urgent.
Some factors like the victim's fear are also relevant, but in certain situations, they may not be included in the criminal report. For instance, if a victim discloses fears during a divorce and wishes to keep that information confidential from the perpetrator, the field police can submit it separately for the criminal investigation instead of including it in the report.
What are the consequences of filing a criminal complaint, and how does the criminal process proceed?
The police receive a crime report and conduct a preliminary investigation when there is reason to suspect that a crime has occurred. The purpose of the criminal process is to determine if a crime has occurred and who committed it.
The criminal process consists of the following phases:
- Preliminary investigation
- Consideration of charges
- Trial
- Execution of the punishment
When investigating a crime, the police ask if the victim demands punishment for the offender.
It is important to note that if the victim states that they does not demand punishment, or later, the victim withdraws the already submitted demand, they loses the right to present a request for prosecution again for the same crime. This can happen, even if it is a crime under official prosecution.
A victim of violence cannot receive compensation for the damages from the perpetrator of violence ordered by the court if no criminal complaint has been filed and the victim has not demanded the compensation.
You should keep evidence related to violence (criminal evidence) also in case you later report it to the police:
- Keep (or give it to a reliable person for safekeeping) documents, receipts, recordings and contacts with helping parties related to the crime and its consequences.
- If the perpetrator targets you with digital violence, you should keep the messages, take screenshots of them, keep a record of threatening calls, etc.
- If there have been eyewitnesses or other witnesses to the acts of violence, it is worth writing them down and their roles in relation to the crime or its consequences (e.g. if you have gone to a friend to escape violence, told a friend about the violence, etc.).
- It is important for you to go to health care whenever you have injuries and psychological consequences, even if the injuries do not require medical treatment.
- It would be important for you to tell the healthcare provider who caused the injuries honestly and when.
