Your rights as a crime victim in Spain

Key rules

• 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.
• Interpreter: If you do not understand Spanish, you get a free interpreter and free translation of the essential documents.
• Protection: Tell the police about any risk or vulnerability at your first contact so your protection needs are assessed.
• State compensation: Aid for victims of violent crimes has its own nationality and residence conditions.

Do these rights apply to you?

Yes. The rights below cover victims of crimes committed in Spain, or crimes Spanish courts can prosecute. Your nationality does not matter. Neither does your residence status, so tourists, non-residents and people without papers are covered. Some extras have their own conditions. If you live in another EU country, you can report the crime in your own country. State compensation for violent crimes has separate nationality and residence rules, so ask a victim assistance office (oficina de atención a la víctima, or OAV) before you count on it.

Claim your rights yourself. Many notices only reach you if you ask for them.

Information

From your first contact with the authorities, you have the right to be told about:

• legal aid and how to get it
• support services, including the OAV
• protection measures
• how to file a complaint and how the procedure works
• compensation and mediation options

You can ask to be told the date, place and content of the trial. You can also ask to hear about a decision to close the case (sobreseimiento) and about the final judgment. You get these notices even if you are not a formal party to the case. You can ask to be kept up to date on how the case is going. You can appeal certain decisions, such as closing the case.

If the offender was sentenced for a violent or serious crime, or you are at risk, you can ask to be told about their release, prison permits, move to a more open prison regime, or escape. Make the request to the court or prosecutor. The notice then comes through the prison authorities.

Give an address for notices when you report. It can be abroad.

Interpretation and translation

If you do not speak or understand Spanish, or the other official language of the court, you have the right to a free interpreter. This covers your statements, meetings with the authorities and the proceedings. It applies whether or not you are a party to the case.

You also get free written translation of:

• the information about your rights
• the decision to close the case
• decisions that end the proceedings

For any other document, ask the court. The judge decides whether to grant it, and sometimes gives an oral or summarised translation instead. You can challenge a refusal.

Protection

Police assess your protection needs at first contact. The judge or prosecutor then reviews them during the investigation. An OAV may give a report. The assessment looks at:

• your personal situation, such as your age, a disability or being a foreigner
• the type of crime, such as gender violence, sexual offences, trafficking or terrorism
• how serious the harm is
• the risk of further harm or retaliation

Measures can include interviews in suitable premises, the same interviewer each time, an interviewer of your sex, limited contact with the offender, video-recorded statements, closed hearings and screens in court. Minors and people with disabilities are treated as needing special protection.

Tell the police about any fear or vulnerability when you report. If you do not, your needs may be missed.

Taking part in the case

You can report the crime, give your statement to the investigating judge and attend the trial as a witness. You can also join the case as a private accuser, which makes you a party. The step-by-step process below shows when each option arises. If you are a party, you can propose investigative steps and appeal rulings. A party can also claim damages in the criminal case. The checklist below covers what to ask for right after you report.

Step-by-step: from police report to trial as a victim

• Report the crime to the police, the Guardia Civil or a court, and ask for protection measures if you need them. You are told your rights at this point.: as soon as you can after the crime

• Give your statement to the investigating judge. You can join the case as a private accuser, suggest investigative steps and evidence, and ask for restraining orders.: during the investigation

• If the judge closes the investigation and dismisses the case, challenge the decision by appeal.: when the investigation ends

• If the case goes on, the accusing parties file written accusations setting out the sentence and damages they ask for. Propose your evidence.: before the trial

• Attend the trial and testify. If you are a party, you take part in it.: on the trial date

• For a minor offence (delito leve), go to a quick hearing before the investigating court. You do not need a lawyer, and you can give evidence, state the damages you claim and ask for a sentence.: when the court summons you after your report

• Appeal a minor offence ruling to the Audiencia Provincial, the provincial court.: within 5 days of the ruling

• If you are a party, appeal a judgment, including an acquittal or a sentence you think too lenient. If you are not a party, you cannot appeal on your own and depend on the prosecutor.: within 10 days of notification for a Juzgado de lo Penal judgment

• After the sentence, follow the execution stage, where civil liability is enforced and you receive notices.: once the judgment is final

Documents you need

• Written translation of the decision to archive the case and of decisions that end the proceedings, provided free by the court if you do not understand Spanish or the co-official language of the proceedings.

• Written translation of the information about your rights, provided free by the authorities if you do not understand the language of the proceedings.

• Translation of any other document you need to understand. Ask the court for it; the judge decides whether to grant it.

Checklist: protecting your rights as a victim after reporting

• Ask for a written copy of your report, showing the date and place it was filed. It is your proof that you reported. If you do not speak Spanish, ask for it in a language you understand or for an interpreter.

• Give an email or postal address for notifications about the case. It can be in Spain or abroad, and you can change it by writing to the court.

• Ask a victim assistance office about legal aid, support services and protection measures.

• Decide whether to claim damages inside the criminal case or keep the civil claim for a separate lawsuit. If you keep it separate, say so expressly to the investigating court before the prosecutor files the accusation.

What to watch out for

• Notices only reach you if you ask: Notices about the offender's release, prison permits or escape are given when you request them, and only for violent or serious crimes or where there is a risk to you. If you do not ask, you may hear nothing. Ask the court or prosecutor in writing for these notices, and ask to be told how the case is going.

• Translation of non-essential documents can be refused: Essential information is translated for free, but for other documents the judge decides, and a translation may be only oral or summarised. Ask for the documents you need translated and appeal a refusal.

• Your protection needs may be missed: The protection assessment starts with the police at first contact. If your situation, such as being a foreigner, a minor or vulnerable, is not taken into account, you may not get measures such as video-recorded statements or screens in court. Explain your circumstances and any fear of retaliation at the first contact, and ask the judge or prosecutor to review the measures later.

Frequently asked questions

Do I have these rights if I am a tourist or not a resident?

Yes, the victim rights apply to crimes committed in Spain whatever your nationality and residence status, including if you are in Spain irregularly. Some extras have their own conditions: if you live in another EU country, you can also file your report there, and state aid for violent crime has its own nationality and residence rules.

Can I challenge a refusal to translate a document?

Yes, you can challenge a decision refusing translation. Translation of the decision to archive the case and of decisions that end the proceedings is a right, while for other documents you can ask and the court decides. Translation may be oral or summarised when that does not harm your rights.

Who decides what protection I need in the case?

The police make an individual assessment of your protection needs at first contact, and the judge or prosecutor then reviews it during the investigation. It looks at your age, whether you are a foreigner, the type of crime and the risk of retaliation.