Victim of a crime in Spain: rights and how to join the case

Someone who suffers a crime is not a mere spectator of the proceedings. The law gives victims rights from their first contact with the police or the court and allows them, if they wish, to take an active part in the case in order to ask for the person responsible to be punished and for compensation to be paid.

What rights does a victim have from the outset?

Every victim is entitled to receive information from their first contact with the authorities, even before filing a complaint, on the following matters, among others (article 5.1 of Act 4/2015, the Statute of the Victim of Crime, Estatuto de la Víctima del Delito, EVD):

• The assistance and support available, whether medical, psychological or material.
• Their right to report the offence and to provide evidence to those investigating the facts.
• How to obtain legal advice and representation and, where applicable, on what conditions it may be free of charge.
• The possibility of applying for protection measures.
• The compensation they may be entitled to.
• The interpreting and translation services available.
• Their right to be notified of certain decisions, for which they may give an email or postal address.

This information must be updated at each stage of the proceedings (article 5.2 EVD).

What is the *ofrecimiento de acciones*?

When the victim gives evidence before the judge, the court clerk (letrado de la Administración de Justicia) informs them of their right to become a party to the proceedings and to waive or maintain their claim for the return of property, for repair of the damage and for compensation for the loss caused (article 109 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim). This step is known as the ofrecimiento de acciones.

The police must also inform the victim in writing of their rights, including the right to appoint a lawyer or to ask for a court-appointed one if they qualify for free legal aid (article 771.1 LECrim).

What does joining the case as a private prosecutor mean?

Joining the case (personarse) means becoming a party to the proceedings, through a lawyer. A victim who has joined the case may bring the criminal action, that is, ask for the person responsible to be convicted, and the civil action, that is, claim compensation (article 11 EVD). They may also see what has been done in the case and apply for whatever suits their interests (article 771.1 LECrim).

They may join at any time before the charges are formally settled, although doing so does not undo steps already taken. The law also provides for a later form of participation up to the start of the trial, subject to the terms and limits of article 109 bis.1 LECrim.

And if the victim does not join the case?

Not joining does not mean giving up compensation: any waiver must be clear and unequivocal (article 110 LECrim). If the victim neither joins the case nor waives or reserves the civil claims, the Public Prosecutor will bring them where appropriate (article 771.1 LECrim).

In addition, if the judge closes the case by an order of dismissal (auto de sobreseimiento), the victim may appeal against it even if they had not joined the case beforehand (article 12.2 EVD).

The victim as a witness

The victim usually also gives evidence as a witness, under a duty to tell the truth. When giving evidence during the investigation stage they may be accompanied by their legal representative and by a person of their choosing, unless the judge decides otherwise by a reasoned decision (article 433 LECrim). We explain witnesses' obligations in our article on being summoned as a witness.

What to do

• Keep all documents connected with the facts: medical reports, invoices, photographs, messages or the details of possible witnesses.
• Provide an email or postal address to receive notifications in the proceedings.
• Do not waive any claim without first knowing what the consequences are.
• It is advisable to take legal advice on whether to join the case as a private prosecutor.