Sometimes situations happen, for example, confrontations between neighbors or acquaintances, even injuries can occur, so we would be before a criminal act about which the victim will think to denounce (or not) his aggressor. Filled with indignation, the victim finally decides to denounce that neighbor or acquaintance to claim justice. But after some time, the situation can calm down and the accuser himself wonders if it is really necessary to continue the procedure.
In many cases, the denouncers, rather than regretting, get tired, perhaps because of the slowness of justice, perhaps because they even make peace with the accused.
The question is: can the denunciation be withdrawn? Or if the procedure is more advanced, can the victim ask for the proceeding to be closed?
EVEN IF THE VICTIM DOES NOT WANT TO CONTINUE, THE STATE CAN CONTINUE THE PROCEDURE AGAINST THE ACCUSED AND THE VICTIM IS REQUIRED TO COLLABORATE WITH JUSTICE
Under the Criminal Prosecution Law, the petitioner may abandon the criminal and civil actions, however, the procedure would continue, if necessary, with the Public Prosecutor’s Office, if it is a public crime.
This is because the justice system and the State, through the Public Prosecutor’s Office, cannot look the other way when they know that a public crime has occurred. And the Public Prosecutor’s Office will act instead the victim.
Of course, sometimes, depending on the seriousness of the crime, the Public Prosecutor’s Office itself will propose that the proceedings be closed, but as his task is to ensure that when crimes are committed, the criminal is punished, there will be occasions that he/she will decide to go ahead with the procedure.
In this last case, the denouncer, even if he wanted to give up the procedure, is obliged to collaborate with justice.
Finally, a word of warning: be very sure to denounce, but also to withdraw the complaint because once it has been withdrawn, you cannot denounce your neighbor or acquaintances for the same facts.
Maria Dolores Garcia Santos