When someone is a victim of a crime, the criminal justice system moves on its own only to a limited extent. The prosecution investigates, but not always with the depth or speed the case requires. That is why Argentine law — arts. 82 et seq. of the CPPN and the provincial procedural codes — recognizes the victim's right to appear as a private prosecutor: an autonomous party to the proceedings, with the right to drive the investigation, offer evidence, monitor prosecutorial decisions, and fully participate in the oral trial.
A well-exercised private prosecution changes the case. The victim ceases to be just another witness and becomes a full party: they can appeal unfavorable rulings, request investigative measures, identify new defendants, and sustain the prosecution at trial. In many cases, the difference between case closure and conviction is the presence of an active private prosecutor.
Request investigative measures, expert examinations, search/raids, telephone intercepts, witness testimony; monitor the seizure and custody of evidence; identify the accused. The prosecution cannot ignore the private prosecutor's requests: it must rule on them with reasoned decisions.
The private prosecutor may appeal dismissals, lack-of-merit rulings, case archiving, de-archiving, pretrial detention orders, and other rulings (arts. 449 et seq. CPPN). This is the effective check on prosecutorial and judicial decisions.
The private prosecutor files their own request for referral to trial, participates in the oral hearing with questions to witnesses and experts, offers evidence, makes closing arguments, and requests sentencing.
Once the verdict is final, the private prosecutor retains standing to intervene in enforcement, appeal early releases, and demand effective compliance with the sentence.
Art. 87 CPPN allows the private prosecutor to simultaneously appear as a civil plaintiff to claim damages caused by the offense. This avoids initiating parallel civil proceedings: the criminal verdict may include a civil award. We advise on the advisability of pursuing both avenues together or, alternatively, reserving the option for a subsequent civil suit.
When is it best to appear as a private prosecutor?
The sooner the better. Ideally from the outset of the investigation, when the initial measures can still be directed. Later entry is also possible, but evidentiary opportunities may be lost.
What happens if the prosecution requests dismissal and I disagree?
The private prosecutor can appeal and, according to case law, in some cases sustain an independent prosecution even in the face of prosecutorial inaction (CSJN Santillán, Storchi, Quiroga).
Do I have to pay court fees to act as private prosecutor?
No. Appearing as a private prosecutor in criminal court does not require payment of court fees. Mandatory legal representation is, however, required.
Can I withdraw from the private prosecution if I later decide not to continue?
Yes, at any time, except in privately prosecuted offenses where withdrawal may have specific consequences.
Can I act as private prosecutor if I live abroad?
Yes. Residence abroad does not prevent participation as a private prosecutor; action is taken through a local attorney-in-fact.