VICTIM REPRESENTATION (CABA & BUENOS AIRES)

Private Prosecution in Argentina: What It Is, How It Works and When to Use It

Q: What is a private prosecution in Argentina and what is it for?

A private prosecution (querella) is the formal application through which a victim becomes an active party to criminal proceedings. Unlike a simple criminal complaint — which leaves everything in the hands of the public prosecutor — a private prosecution allows you to contribute your own evidence, apply for measures, monitor the progress of the investigation and drive the case forward when the prosecutor is not acting with the urgency the situation requires. In Buenos Aires City (CABA) and the National Courts the role is called querellante (private prosecutor); in the Province of Buenos Aires, particular damnificado (aggrieved party).

Q: What is the difference between filing a criminal complaint and bringing a private prosecution?

With a criminal complaint, you provide the facts and the public prosecutor decides how and how much to investigate. With a private prosecution, you become a party to the proceedings: you can apply for precautionary measures, adduce evidence, access the case file, appeal decisions and prevent the case from being closed without your involvement. A private prosecution does not replace a criminal complaint — it amplifies it. It is particularly useful in gender-based violence, fraud, medical malpractice and road accident cases where investigations tend to stall.

The public prosecutor has thousands of cases. You have one.

If you are a victim, becoming a Querellante (private prosecutor — CABA / National Courts) or Particular Damnificado (aggrieved party — Province) allows you to contribute evidence, control the investigation, apply for measures with a clear strategy.

CALL THE FIRM ASSESS MY CASE

This section is for victims only. If you are the one being charged, go to Criminal Defence.

See typical situations How we work What I need to get started Frequently asked questions

Select Your Situation to See the Strategy

This index is a map. Each card takes you to a dedicated page with strategy, evidence guidance and concrete next steps.

Gender-Based Violence

Driving the investigation, contextual evidence, protective measures and monitoring of order breaches.

VIEW STRATEGY

Breach of Restraining Order

Documenting the breach, applying for risk-appropriate measures and monitoring the case file.

HOW TO ACT

Road Accidents & Personal Injury

Supervising expert reports, alcohol testing, CCTV and witnesses. Early evidence defines the case.

SEEK JUSTICE

Cybercrime & Fraud

Urgent measures, court orders, expert reports and traceability (banks, digital wallets, exchanges, IP addresses).

DIGITAL EVIDENCE

Child Support Failure (Law 13,944)

When non-payment persists, the criminal route may complement civil proceedings (depending on the case).

VIEW APPROACH

Medical Malpractice

Medical records, evidence preservation, party-instructed experts and a charging strategy.

START STRATEGY

Does your case not fit neatly into any of the above? It can still be worked on: the key is the evidence plan.

What Changes When There Is a Private Prosecutor?

Case file diagnosis

We review the entire file: what is there, what is missing, identifying strengths and weaknesses.

Evidence production plan

We build a roadmap: witnesses, CCTV, reports, expert witnesses, court orders and digital evidence.

Prosecutorial oversight

We attend all hearings and monitor the file exhaustively to keep the case moving forward.

Protective measures

Where there is risk, we apply for concrete and justified measures to safeguard the victim.

WITHOUT PRIVATE PROSECUTION (Public Prosecutor Only)	WITH PRIVATE PROSECUTION (Private Lawyer)
You are a passive actor: you are contacted when they remember you.	You are a party: you can intervene, propose and oversee.
Evidence is requested "if time allows".	Evidence is planned and requested as a priority.
If the case is closed, it is usually too late to react.	You can oppose and appeal (depending on the case and jurisdiction).
You are bound by the State's bureaucratic pace.	You have your own strategic momentum and follow-through.

What You Need for a Quick Assessment

If you only have part of this, it still works. The important thing is to start in an organised way.

Case file details

IPP / case / complaint number (if you have it).
Prosecutor's office / UFI / court / police station handling the matter.
Date and place of the incident.
Notifications received (screenshots or PDFs).

Available evidence

Screenshots, chats, audio messages, emails, photos or videos.
Witnesses: names and how to reach them.
Camera locations (CCTV domes, shops, buildings).
Documentary records: transfers, receipts, bank statements.

SEND DETAILS VIA WHATSAPP

We handle all information with strict confidentiality and professional discretion.

Frequently Asked Questions

A private prosecution (querella) is the formal application through which a victim becomes an active party to criminal proceedings. Unlike a simple criminal complaint — which leaves everything in the hands of the public prosecutor — a private prosecution allows you to contribute your own evidence, apply for measures, monitor the progress of the investigation and drive the case forward when the prosecutor is not acting with the urgency the situation requires. In Buenos Aires City (CABA) and the National Courts the role is called querellante (private prosecutor); in the Province of Buenos Aires, particular damnificado (aggrieved party).

With a criminal complaint, you provide the facts and the public prosecutor decides how and how much to investigate. With a private prosecution, you become a party to the proceedings: you can apply for precautionary measures, adduce evidence, access the case file, appeal decisions and prevent the case from being closed without your involvement. A private prosecution does not replace a criminal complaint — it amplifies it. It is particularly useful in gender-based violence, fraud, medical malpractice and road accident cases where investigations tend to stall.

It is the procedural status that allows you to move from being a mere complainant to becoming an active party in criminal proceedings. In the Province of Buenos Aires the role is usually called "Particular Damnificado" (aggrieved party) and in CABA / National Courts, "Querellante" (private prosecutor). In both cases you may instruct a lawyer, adduce evidence, control the investigation and exercise rights of appeal.

There is no magic formula, but there is method. An active private prosecution reduces idle time because we monitor the file, request progress updates when appropriate and present evidence (witnesses, reports, expert witnesses) to reduce the risk of the case being closed for lack of activity or evidence.

No. These are separate and often complementary proceedings. Criminal proceedings investigate facts and establish criminal responsibility; civil proceedings seek financial compensation; and family proceedings resolve their own specific subject matter. Evidence from criminal proceedings (expert reports, witness testimony, judicial decisions) is often valuable in other proceedings.

It depends on the case. There are public bodies and state-funded victim assistance services that provide free legal representation, depending on jurisdiction and eligibility requirements. As for this firm, in very specific circumstances, we may take on cases on a pro bono basis under our internal criteria.
See our pro bono policy and criteria.

We Assess Your Case With No Obligation

In victim representation, time matters: evidence disappears and decisions are made based on what is in the file.
Contact us and we will tell you whether acting as a private prosecutor / aggrieved party is the right step (Querellante / Particular Damnificado).

CONFIDENTIAL ENQUIRY URGENT CALL