Victim rights in criminal cases

It is written for people who are planning a move to Spain, are in the middle of one, or have already arrived. You will know what you are entitled to, how to take part and how to claim compensation.

Start with "Your rights as a crime victim in Spain". It sets out your rights to information, interpretation, protection and participation, and the other articles build on it.

This topic does not cover reporting a crime, domestic violence support or hate crime reporting. Those have their own pages.

Key rules

• Aid deadline: You must apply for state aid for violent crime within one year, counted from the crime or, if a criminal case is under way, from the final decision that ends it.
• Civil claim period: A separate civil damages claim generally expires after one year, restarting once the criminal case ends with a final decision.
• Lawyer to join: To join the case as a private accuser you need a lawyer and a procurador, except in minor offences.
• Who is covered: Victims of crimes in Spain have these rights whatever their nationality or residence status.
• Notices: You usually have to ask to be told about the trial, the closing of the case, the judgment and the offender's release.
• Fiscalía: In most crimes the prosecutor acts and can claim compensation for you even if you never join.

Victim rights in criminal cases: the whole process, step by step

• Ask for the information you are entitled to and, if you need it, an interpreter (see Your rights as a crime victim in Spain): from your first contact with the authorities

• Choose how actively to take part: rely on the prosecutor, join as a private accuser, or file a private criminal complaint (see Should you join the case as a private accuser (acusación particular)?): early in the investigation phase

• Join the case as a private accuser with a lawyer and a procurador, except in minor offences: at any time during the investigation, and before the formal accusation is filed; you take the case as it stands

• Decide whether to claim damages inside the criminal case or keep the claim for a separate civil lawsuit (see Claiming damages from the offender inside the criminal case): before the prosecutor's accusation is filed

• Apply for state aid if you were a victim of a violent crime (see State compensation for victims of violent crime): within one year, counted from the crime or, if a criminal case is under way, from the final decision that ends it

• Bring a separate civil damages claim if you kept it apart or the criminal case ended without a ruling on damages: generally within one year, restarting once the criminal case ends with a final decision

• Ask the court to enforce the award if the offender does not pay; the court searches for assets and seizes them: after the criminal judgment becomes final

Documents you may need

Identity and residence

• A copy of your ID — State compensation for victims of violent crime

Payments and receipts

• Bank account details for the payment — State compensation for victims of violent crime
• Receipts or evidence of expenses you claim — State compensation for victims of violent crime

Translations and legal papers

• Written translation of the decision to archive the case and of decisions — Your rights as a crime victim in Spain
• Translation of any other document you need to understand — Your rights as a crime victim in Spain

Other documents

• Official application form — State compensation for victims of violent crime
• Proof of the crime — State compensation for victims of violent crime
• Medical reports and discharge reports showing your injuries — State compensation for victims of violent crime
• The criminal judgment or court resolution — State compensation for victims of violent crime

Victim rights in criminal cases: questions that cross several articles

Do my rights as a victim apply if I am a foreigner or not resident in Spain?

Yes, your rights as a victim apply to crimes committed in Spain whatever your nationality or residence status. Some extras, such as state compensation for violent crime, have their own nationality and residence rules. Read Your rights as a crime victim in Spain and State compensation for victims of violent crime.

Can I get a free interpreter and translations if I do not speak Spanish?

Yes, you have the right to free interpretation in the proceedings and free translation of the essential information, even if you are not a party to the case. That includes the decision to archive the case. Read Your rights as a crime victim in Spain, and Taking part in a Spanish criminal case from abroad as a victim if you have left Spain.

Do I need a lawyer to join the case, and what does it cost?

Yes, to join as a private accuser you need a lawyer and a procurador, except in minor offences. Fees are agreed freely, and free legal aid covers those who qualify; costs usually fall on the convicted person. Read Should you join the case as a private accuser (acusación particular)?

Until when can I join the case, and what happens to my damages claim if I join late?

You can join at any time during the investigation, before the formal accusation is filed, but you take the case as it stands. Decide at the same time whether to keep your damages claim separate, because the prosecutor claims damages for you unless you reserve it. Read Should you join the case as a private accuser (acusación particular)? and Claiming damages from the offender inside the criminal case.