Denuncia with the Police
Friday, February 19, 2016 @ 11:32 AM
There are many different reasons that you might need to make a DENUNCIA (police report) –
• to report something lost or stolen
• to report harassment or menace
• to report an accident or incident
• to report an act of cruelty
• to report yourself the victim, witness, or prejudiced against by an act that is illegal
• to report a theft
• to report an appeal for injunction against a general assembly
There are basically 2 types of denuncia – penal which would imply the possibility of a prison sentence or civil which would imply the possibility of a fine and a wrist-slapping.
The legal system will obviously decide the type it is and if the report is valid or not but in the first instance what do you do to make a denuncia?
1) Go to your local Guardia Civil or Local Police Office. Depending on the town, an interpreter should be available, but if this is not the case, take somebody with you who speaks Spanish.
2) Explain at their main reception the reason for the denuncia and wait to be called.
3) You will need to present your Passport, NIE etc (and that of your interpreter), medical report if relevant, photographs and as many specific details of the incident as possible. If reporting theft of belongings, you must itemise everything with makes, models, value and photographs and receipts if possible. Insurance companies will only compensate for exactly what is included in the denuncia. If you remember something the next day or so, go back with your copy of the denuncia and ask to amend or add to it.
Always read before signing to make sure it is correct and all details tally. If it is a denuncia that will go to Court, only the information contained within can be discussed. If you have knowledge of the perpetrator, have witnesses or know the precise location and time of the incident, ensure these are included in as much detail as possible. Sometimes you may have to rack your brains to give specifics – identifying features, buildings nearby if you don’t know the exact location, car registration or make, model and colour etc so do try to give as much information as you can possibly remember.
If your report is for a theft or loss, you will need to process this incident with your insurance company. They will need a copy of the denuncia.
4) If it is against a fellow resident, they find the perpetrators and then you will be informed in due course of date, time and place to appear at Court though up to one year later is not unusual.
5) If there is a counter-denuncia, you will receive notification to collect the documents from the local Courts.
6) If you are summoned to court for whatever reason, even as a witness, you are obliged to attend or you could find yourself with a fine to pay for non-appearance.
7) Before you attend Court remember to state you need an interpreter (if that is the case) and a Court translator will attend on the day. If you are found to be in the right in a civil case, you might be asked by the Judge what penalty you want to be imposed on your wrongdoer. If you have incurred loss, state the amount of compensation you want. If you are accompanied by a solicitor this will have already been discussed with you but, if not, prepare to state a justifiable amount.
It is very important to report any criminal activity, theft, aggression, threat, scam, etc. as the local authorities need all the denuncias registered in order to tackle and identify the crime in the area.
If you have any questions regarding this or any other subject here at The Presidents Club International we have the professionals who can help our members so…..be sure to contact us!
www.tpci.es
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