Claiming damages from the offender inside the criminal case

Key rules

• Default: Compensation is decided in the criminal case unless you waive it or expressly reserve it.
• Time limit: A separate civil claim generally expires after one year, restarting once the criminal case ends with a final decision.
• Reserving: Declare a reservation to the investigating court before the prosecutor's accusation is filed.
• Payment: An award does not guarantee payment; recovery depends on the offender's assets.

The short answer

In Spain, a crime brings both a criminal case and a right to compensation. Unless you waive the claim or reserve it, the judge decides your compensation in the same criminal case. Winning an award is the easier step. Getting the offender to pay is the hard one.

What you can claim

You can ask for three things: return of your property, repair of the damage, and compensation for material and moral harm. Moral harm means suffering that has no receipt, such as fear or distress.

If you take part in the case as a party, your lawyer must state in the written accusation the exact amount you want and why. The accusation should also name anyone else who should pay, such as an insurer or an employer, as directly or subsidiarily liable. Subsidiarily means they pay if the offender cannot.

Your three options

• Stay in the case. The prosecutor's office (Fiscalía) claims damages for you unless you waive or reserve the claim. This works even if you do not join as a party, but joining lets your lawyer set the amount and the people liable.
• Reserve the claim. You keep the right to sue later in a civil court. You must say so expressly. The judge should tell you about this right when taking your statement. Declare it to the investigating court, and do it before the prosecutor's accusation is filed. The prosecutor then does not claim damages for you.
• Waive the claim. You give up compensation. Do this only on a lawyer's advice.

If you reserve, the civil court is bound by the facts the criminal judgment declares proven. The civil case may also wait until the criminal case ends.

If the offender is acquitted

Civil liability is generally not decided, unless the acquittal rests on grounds, such as exempting circumstances, that still allow it. If the case ends without a ruling on damages, you may need a separate civil claim.

Time limit for a separate civil claim

A separate civil claim generally expires after one year. The year restarts once the criminal case ends with a final decision, such as a sentence, dismissal or archive, that is notified to you. Courts apply this strictly, so file promptly. Contractual claims can have longer periods, so ask a lawyer which one applies to you.

Collecting the money

A final judgment is enforced in a separate section of the case for civil liability. The court investigates the offender's assets and can seize (embargo) bank accounts, property, wages and other assets. It can require a guarantee early on, during the investigation.

If the offender has too little, the court declares them insolvent and archives the file provisionally. It reopens if assets appear. Payment is often partial or slow. Insurers and employers named as liable are often a more realistic source of payment. The state itself pays only in limited cases, such as for public officials.

Payment can matter to the offender too: it is linked to benefits such as suspension of the sentence and parole.

For violent crimes and sexual offences, a separate state compensation scheme exists with strict conditions and deadlines. Ask your lawyer or a victim support office about it early, rather than relying on the offender alone.

The timeline, checklist, warnings and FAQ below walk through the steps.

Timeline and deadlines

• Hear your right to reserve the civil claim when you give your statement: when the judge takes your statement and offers you the chance to join the case

• State the exact amount and who is liable in the written accusation, if you stay in the criminal case: when the accusations are drawn up, before trial

• Receive the judgment, which decides guilt and damages together: at the end of the trial

• Start enforcement in the separate payment section of the case if the offender does not pay: once the criminal judgment is final

Checklist

• Decide whether to claim damages inside the criminal case or reserve the claim for a separate civil lawsuit.

• Tell the judge your choice when you give your statement, and say it expressly if you reserve the claim.

• Ask your lawyer to put the exact amount you claim, and its basis, in the written accusation.

• List what you claim: return of your property, repair of the damage, and compensation for material and moral harm.

• Note the date the criminal case ends and file any separate civil claim promptly, because the time limit is strictly applied.

What to watch out for

• A damages award does not mean you get paid: A judgment in your favour can stay unpaid. Payment is often partial or slow, and the court declares the offender insolvent if no assets are found, then archives the payment file provisionally. Ask your lawyer to request early guarantees and seizures during the investigation, and to ask the court to reopen the file if assets appear.

• Relying on the offender alone: If only the offender is named as liable, there may be nobody to collect from. Have your lawyer name insurers or employers as liable parties in the written accusation, since they can be made to pay directly or when the offender cannot.

• Missing state compensation for violent or sexual crimes: The state does not cover most offenders' debts. A special compensation scheme exists for victims of violent crimes and sexual offences, and it has strict conditions and deadlines. Ask your lawyer early whether your case qualifies and when you must apply.

Frequently asked questions

Can I still get compensation if I do not join the case as a party?

Yes, you can still be compensated if you do not join the case, because the public prosecutor (Fiscalía) claims damages on your behalf. This only holds if you have not waived the claim or reserved it for a separate civil lawsuit. The prosecutor's claim covers repair of the damage and compensation, but you have no say over how it is argued.

What happens to my damages claim if the offender is acquitted?

If the offender is acquitted, the criminal court generally does not decide your damages claim. The exception is an acquittal based on grounds such as exempting circumstances, which can still allow a civil ruling. Ask your lawyer which case you are in before the trial ends.

Can an insurer or an employer be made to pay the compensation?

Yes, an insurer or employer can be made to pay if your written accusation names them as directly or subsidiarily liable. Directly liable means they pay first. Subsidiarily liable means they pay if the offender cannot. Your lawyer should name them when the amount is set out.

What if the offender has no money to pay the award?

If the offender has no assets, the court declares them insolvent and provisionally archives the payment file. The file is reopened if assets appear later.