When Is a Criminal Complaint Dismissed?
Filing a criminal complaint is only the beginning of a process that may evolve in very different ways. One of those possibilities—and more common than many people believe—is that the complaint is dismissed before reaching trial. For the complainant, dismissal may be experienced as an injustice or a sense of abandonment by the system. For the person reported, it may bring enormous relief. In both cases, understanding why a complaint is dismissed, when this may occur, and what can be done about it is essential.
The dismissal of a complaint is not a whim of the judge nor an anomaly of the system: it is a mechanism provided for and regulated by law to ensure that criminal proceedings do not advance where there are insufficient grounds to do so. Its proper application protects both victims—by preventing cases with a real basis from being lost due to lack of diligence—and those reported, who should not be subjected to trial in the absence of minimally solid evidence or indications against them.
In this article, we explain when and why a criminal complaint is dismissed, the types of dismissal decisions that exist, the consequences of each, and the legal options available to those who disagree with the decision to dismiss.
What Does It Mean for a Complaint to Be Dismissed?
Dismissing a complaint means that the competent judicial authority—whether the investigating court or, at an earlier stage, the police or the public prosecutor—has decided not to continue with the investigation or the criminal proceedings initiated as a result of that complaint. Dismissal brings to an end, at least temporarily, the judicial actions relating to the reported facts.
It is important to distinguish between dismissal at the earliest stage—before the court has formally opened any investigation—and discontinuance (sobreseimiento), which is the judicial decision by which the investigating judge terminates an investigation that is already underway. Although in everyday language both situations are often referred to simply as “dismissal,” they have different legal natures and their consequences also differ.
In any of its forms, dismissal does not imply that the reported person is innocent in absolute terms—that declaration can only be made by an acquittal following trial—but rather that the judicial system has determined that there are insufficient elements to sustain the proceedings at that moment. Likewise, dismissal does not imply that the complainant has lied: it may result from technical, evidential, or legal reasons entirely unrelated to the truthfulness of the complaint.
Why Is a Criminal Complaint Dismissed?
The reasons why a complaint may be dismissed are varied, but they all share a common feature: the court has concluded that there is no sufficient basis to continue the criminal process. The main reasons are as follows:
The Facts Do Not Constitute a Criminal Offence
This is the most frequent ground for dismissal and, in many cases, the most difficult for the complainant to accept. The court analyses the facts described in the complaint and concludes that, even if they are true, they do not fall within any criminal offence defined in the Criminal Code. A neighbourhood dispute, a contractual breach, a workplace disagreement, or conduct perceived as unfair may be unpleasant or harmful situations, but not every wrongful act constitutes a crime. Criminal law is a system of last resort (ultima ratio): it intervenes only when the conduct reaches a level of seriousness that justifies a criminal response.
Insufficient Evidence of Responsibility
Even where the reported facts could theoretically constitute a criminal offence, the court may dismiss the case if it considers that there are no minimally solid indications linking the reported person to the alleged conduct. A complaint alone proves nothing: objective elements are required to point toward responsibility. If such elements are absent or clearly insufficient, the judge lacks the basis to continue the investigation.
The Offence Is Time-Barred
All criminal offences are subject to limitation periods, after which the State loses its power to prosecute. These periods vary depending on the seriousness of the offence: the most serious crimes may prescribe after twenty or even thirty years, while minor offences may prescribe in as little as six months or one year. If the offence is already time-barred at the time the complaint is filed, the court must dismiss the proceedings without examining the merits of the case.
Death of the Reported Person
Criminal liability is strictly personal and is extinguished upon the death of the alleged offender. If the reported person dies at any point in the process—before or after the investigation has begun—the criminal proceedings must be dismissed. This does not prevent, in certain cases, civil claims against the deceased’s heirs for compensation.
Withdrawal of the Complaint
In offences that are prosecuted only upon the request of the victim—so-called private or semi-public offences, such as certain defamation or privacy offences—the withdrawal of the complaint or the victim’s forgiveness may bring the proceedings to an end. In public offences, however, withdrawal does not have this effect: once criminal proceedings have been initiated, they continue regardless of the victim’s wishes.
Failure to Identify the Perpetrator
In some cases, the facts clearly constitute a criminal offence, but it is not possible to identify the responsible person. If all reasonable investigative avenues are exhausted without success, the court may provisionally dismiss the case pending the emergence of new evidence.
Types of Dismissal Decisions: Not All Are the Same
The dismissal of a complaint does not always have the same legal effects. There are different types, and understanding them is essential:
Inadmission of the Complaint
This is the earliest form of dismissal. It occurs when the court receives the complaint and, without opening any investigation, decides not to admit it because the facts are manifestly not criminal or the complaint lacks basic requirements. In such cases, no investigative steps are carried out, and the reported person may never even become aware of the complaint.
Provisional Discontinuance
Provisional discontinuance occurs when an investigation has begun but the judge concludes that there is insufficient evidence to proceed. Its key feature is its provisional nature: the case may be reopened if new evidence emerges. For the suspect, it means the immediate end of the proceedings, but not definitive closure.
Final Discontinuance
This is the most definitive form of dismissal. It has res judicata effect, meaning the case is permanently closed and the same person cannot be prosecuted again for the same facts. It is issued when the judge concludes that the facts do not constitute an offence, that there is no evidence of responsibility, or that criminal liability has been extinguished (e.g., by limitation). For the suspect, this is the most favourable outcome at this stage.
What Can the Complainant Do If the Complaint Is Dismissed?
For the complainant, receiving a dismissal decision can be difficult. However, dismissal is not always the final word. The legal system provides mechanisms to challenge such decisions.
The main options are:
- Application for reconsideration before the same court
- Appeal before a higher court
Through these remedies, the complainant or private prosecutor may argue that the dismissal is unjustified and request the continuation of the investigation.
It is also possible to submit new evidence or indications not previously available and request that the court reconsider its decision. This is particularly relevant in cases of provisional discontinuance.
What Happens to the Reported Person After Dismissal?
For the reported individual, dismissal means the end—temporary or definitive—of criminal proceedings against them.
Key practical consequences include:
- No criminal record is created
- Neither the complaint, nor the investigation, nor the dismissal is recorded in the Central Criminal Register
- The individual may consider legal action if the complaint was false or malicious
The offence of false reporting and claims for damages are potential legal avenues where bad faith can be demonstrated.
Why Is It Essential to Have a Lawyer in This Process?
Whether you are the complainant or the reported person, having a specialised criminal lawyer from the outset can make a decisive difference.
For the complainant:
- Drafting a technically sound complaint
- Acting as a private prosecutor
- Challenging dismissals
For the reported person:
- Anticipating procedural developments
- Preparing a defence strategy
- Seeking dismissal of the case
If the case proceeds to trial, having a lawyer who has been involved from the beginning is a major strategic advantage.
Frequently Asked Questions
Will I be notified if my complaint is dismissed?
Yes, if you are formally a party to the proceedings. Otherwise, notification may not be automatic.
Can I file the same complaint again after dismissal?
If the dismissal is provisional, reopening is possible with new evidence. If it is final, the case is definitively closed.
Does dismissal appear on my criminal record?
No. Only final convictions are recorded.
How long does the court take to decide on dismissal?
There is no fixed timeframe; it depends on workload, complexity, and urgency.
Can serious offences also be dismissed?
Yes. Dismissal depends on evidence, not on the seriousness of the alleged offence.
