Taking part in a Spanish criminal case from abroad as a victim

Key rules

• Remote testimony: You can ask to testify by video from abroad, but the court decides whether to allow it.
• Advance statement: If you are leaving Spain before the trial, ask the investigating judge to take your statement early.
• Notifications: Give the court a valid email or an address in Spain, or notices may reach you slowly.
• Travel costs: Confirm with the court before travelling whether your costs will be covered, and keep receipts.

Secure your role before you leave

Leaving Spain does not end your part in the case, but you should act before you go. Tell the court you are leaving, and give it a way to reach you. If you do not yet have a lawyer, getting one before you leave makes everything below easier, because the lawyer makes the requests for you.

Your three options for testifying

Give your statement in advance. Ask the investigating judge to take your statement before you leave. This is called prueba preconstituida. The judge takes it during the investigation, the defendant's lawyer is present and can question you, and the recording is played at the trial. It fits people who cannot attend the trial, for example because they are leaving Spain. It also applies to vulnerable victims, such as minors and people with disabilities, and to victims of gender violence and similar crimes. The judge decides whether the conditions are met, so ask early.

Testify by video from abroad. Spanish law allows testimony by videoconference. The court orders it. You or your lawyer asks the investigating court or the trial court, and the judge decides. The hearing is usually held from a court or a Spanish consulate, or from a court in your country of residence through a request for judicial assistance between courts. Identification and the technical set-up are arranged through that foreign court or consulate. What is available differs by country, so ask the court which court or consulate near you can host the hearing.

Travel to Spain for the trial. This is always possible, but check costs first (see below).

The decision below helps you pick between these.

Getting notices from abroad

Give the court a valid email address, or an address in Spain, for notifications. You can also ask for information about the case. The court can use your email or a postal address. If it has neither, it sends notices abroad through formal court-to-court channels, which can be slow. You could miss a hearing date that way.

If you have a lawyer and a procurador (the court representative who files documents for you), the court notifies them, and they pass the news to you. If you live in another EU country, you can also file a complaint there, and it is forwarded to Spain.

Travel costs

Witnesses called by the court can be paid for justified travel, accommodation and lost earnings. Payment is made by the court against receipts, so keep every one. A victim who is only a private party may not be covered unless also called as a witness. If you live in another EU country, you may be able to claim costs under EU rules for cross-border victims. Confirm what will be covered with the court before you book anything.

The checklist and FAQ below set out the steps and common questions.

Choosing between options

How will you take part in the trial if you are leaving Spain?

• Give your statement in advance: Choose this if you are leaving Spain and cannot attend the trial, or you are a vulnerable victim.

• Testify by video from abroad: Choose this if you want to give evidence at the trial itself but cannot be in Spain. The court orders it and it runs from a court or consulate near you.

• Travel to Spain for the trial: Choose this if the court summons you as a witness and you can attend. Witnesses can claim justified costs; private parties may not be covered.

If you know you will not be at the trial, ask the investigating judge now for an advance statement. If you can still be reached, ask for video testimony. Travel only after the court confirms your costs.

Checklist

• Ask the court, through your lawyer, to let you testify by videoconference from abroad.

• Check with the court before travelling whether your travel costs will be covered, and keep your receipts.

Frequently asked questions

Can I give my statement by video from my home country?

Yes, a Spanish court can order you to testify by videoconference from abroad, but the judge decides each request. You or your lawyer ask the court handling the case. The link is then usually set up from a court in your country or from a Spanish consulate.

What happens if the court has no email or address for me?

If the court has no valid email or address, it sends notices abroad through judicial assistance, which can be slow. Give the court an email, or an address in Spain, to avoid delays. If you have a lawyer and procurador, notices go to them.

Will the court pay my travel costs to attend the trial?

Witnesses called by the court can claim justified travel, accommodation and lost earnings, paid against receipts. If you are only a private party and not a witness, you may not be covered. Ask the court before you travel.