What happens after you report a crime

Terms used

• Sobreseimiento provisional — The sobreseimiento provisional is a temporary closing of a case, usually because no suspect has been identified; it can be reopened with new evidence.
• Juzgado — The juzgado is the court that handles your case after you report a crime.
• Denuncia — A denuncia is the formal report you make to the police or court telling them a crime happened.
• Citación — A citación is a written summons from the court telling you when and where to appear.
• Perdón del ofendido — The perdón del ofendido is the victim's forgiveness of the offender, which can end proceedings only for certain offences.
• Falso testimonio — Falso testimonio is perjury: knowingly giving false statements to a court.

Key rules

• Archiving: A theft by an unknown offender is usually archived provisionally, not closed for good.
• Reference number: Your denuncia reference number is how you ask the court about your case.
• Summons: If the court summons you, attend, because missing it can bring a fine.
• Withdrawing: You generally cannot stop a case for a public offence by withdrawing your report.

Expect the case to be archived

If you reported a theft and nobody knows who did it, the case will most likely be provisionally archived (sobreseimiento provisional). That is not a rejection of your report. It means the court has no suspect to pursue for now. Do not expect the police to call you with news.

What you can still do

Archiving is not always the end. You can:

• Ask for the status. Contact the court (juzgado) and quote your denuncia reference number.
• Offer new evidence. If you learn who the thief is, or find camera footage, send it to the court. The case can be reopened while the offence has not expired.
• Appeal the archive order if you disagree with it.

Keep the reference number from the day you report. The checklist below sets out these steps in order.

Can you drop the report?

Usually not. A denuncia tells the authorities what happened. It is not a lawsuit that you control. For most thefts, robberies and assaults, the police and prosecutor can carry on even if you want to stop. For some offences, your forgiveness (perdón del ofendido) can end the case, but that depends on how the offence is classified. A lawyer or the court can tell you which applies to you. If you withdraw, you can still be called as a witness.

If you are summoned

The court contacts you with a written summons (citación). It may arrive through the police, an electronic notification system, by phone or in person. It sets the date and place.

• Attend. Witnesses must turn up and tell the truth. Victims should attend too, because if you do not, the case may be closed.
• Missing it can cost you. Without a valid reason, the court can fine you. Repeat absences can lead to the police being ordered to bring you. The judge sets the amount.
• Tell the truth. A knowingly false statement is a crime (falso testimonio).

Minor thefts (delitos leves) may be handled in a quick, short trial, so a summons can come soon after you report.

If you cannot attend

Tell the court as soon as you know, using the contact details on the summons, and give your reason. Do not simply stay away.

Choosing between options

Can you stop the case by dropping your report?

• Let the case continue: Fits most thefts, robberies, assaults and violence against women, where the police and prosecutor act on their own even if you want to drop it.

• Forgive the offender: Fits only semi-public or private offences, such as slander or insults between private individuals, where your forgiveness (perdón) can end the case in the situations the law allows.

If the offence is public, the case goes on whatever you want. If it is semi-public or private, your forgiveness may end it. Ask the court or a lawyer which type yours is.

Checklist

• Keep your denuncia reference number somewhere safe so you can ask the court about your case.

• Ask the court (juzgado) for the status of your case using that reference number.

• Send the court any new evidence, such as the thief's identity or camera footage, if the case has been archived.

• Appeal the archive order if you disagree with it.

• Read every written summons (citación) as soon as it arrives and note the date and place it sets.

• Attend on the date set, even if you are the victim, so the case is not closed.

Check the current status of your case with the court that holds it.

What to watch out for

• Most thefts by unknown offenders are archived: If no suspect is identified, the court usually puts the case on hold (sobreseimiento provisional). Do not expect a result without new leads. Offer new evidence, such as the thief's identity or camera footage, while the offence has not expired.

• Missing a summons can lead to a fine: Witnesses must appear and tell the truth. If you do not attend without a valid reason, the court can fine you, and repeated absences can lead to police bringing you in. Tell the court in advance if you cannot attend and explain why.

• A false statement is a crime: Lying or knowingly giving false facts when called as a witness can be perjury (falso testimonio). Say only what you know and saw.

Frequently asked questions

Can I withdraw a denuncia after I file it?

No, a denuncia cannot be withdrawn in a way that stops the investigation, because it only tells the authorities about the facts. For most thefts, robberies and assaults, the police and prosecutor carry on even if you want to drop it. Only some minor or private offences can end if you forgive the offender, and a lawyer or the court decides which applies.

Can I still be called as a witness if I withdraw my report?

Yes, you can still be called as a witness even if you try to withdraw your report. If you are called, you must tell the truth, because knowingly false statements carry legal liability.

How can I reopen a case that was archived?

You can ask the court to reopen an archived case by offering new evidence, such as the thief's identity or camera footage, while the offence has not expired. You can also appeal the archive order.