querellante

Quellante is the term used in several civil-law jurisdictions to designate the person who files a private criminal complaint, known as a querella, with the aim of initiating or promoting criminal proceedings against a named defendant. The figure of the querellante exists in systems where private prosecution is possible, as opposed to cases handled exclusively by the public prosecutor.

The querellante is typically the victim of a crime or their legal representative. In some countries, a private person or a legally designated entity (such as an association) can act as querellante if the law allows it. Once a querella is admitted by the court, the querellante participates as a party in the proceedings, presenting evidence, requesting measures, and exercising procedural rights such as appeals, subject to the rules of each jurisdiction.

Distinctions from denuncia: a denuncia is a complaint or report made to the police or public authorities to trigger an investigation. It does not, by itself, initiate private criminal action in front of a court. A querella, by contrast, is a formal accusation presented to the tribunal and may lead to a criminal process under private prosecution rules. In some systems, the State prosecutes crimes publicly and a querella is not required; in others, private accusations remain a recognized or even required path for certain offenses.

Etymology: the term derives from querella, Latin for complaint, dispute, or grievance. In usage, the querellante is the party responsible for initiating this private legal action and guiding it through the initial stages of the case.