What is the Querela and the Complaint

Querela and Compliant: the differences

What is the querela?

A querela (c.p.p. 336) is a formal act by which the offended person, personally or by means of a special attorney, expresses the will that an act provided for by law as a crime be prosecuted.

There are some offenses that are prosecuted only if the person files the querela. Some examples:

Defamation;
Minor bodily injury;
Petty theft; etc.

The querela must be filed within three months of the act constituting the offense.

The querela may be withdrawn until the conclusion of the trial in the first instance.

What is the complaint?

Complaint (c.p.p. 333) is an act by which any person with knowledge of a report of a crime notifies the competent authorities (carabinieri, police, police headquarters) of the existence of such a crime.

The report concerns crimes that are prosecutable ex officio, for example, murder, robbery and other serious crimes for which the initiative of the offended person is not necessary.

There is no deadline for filing the complaint, but it is advisable, in order not to lose evidence, to file it as soon as possible.

The complaint once filed is irrevocable.

Main differences between the lawsuit and the complaint

A lawsuit is filed by the offended person while a complaint is filed by anyone with knowledge of the crime.
Complaint is required for less serious offenses while denunciation covers all indictable offenses.
The lawsuit must be filed within three months while the complaint has no specific deadline.
The lawsuit can be withdrawn, the complaint cannot.

Querela and Compliant: the differences