Rights and protections for crime victims in Spain

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1. The law defines as a victim anyone who suffers physical, psychological or economic harm from a crime, and also recognizes indirect victims such as relatives and dependents when the direct victim dies or disappears. It applies to crimes committed in Spain or that can be prosecuted in Spain, regardless of nationality or legal residence.
2. Every victim has the right to protection, information, support and respectful, non-discriminatory treatment from their first contact with the authorities, regardless of the outcome of the proceedings. They may be accompanied by a person of their choice and receive clear, updated information about their rights, aid and the process.
3. When filing a complaint, the victim has the right to a certified copy of the complaint and to free language assistance and translation if they do not understand the official language of the place. If they request it, they will be informed of the trial and of key rulings, such as the offender's release.
4. The victim can take part in the criminal proceedings, appeal a dismissal even without having formally joined the case, and appeal certain prison decisions in serious crimes, such as third-degree classification or parole for the convicted person. They also have the right to prompt return of seized property and to reimbursement of expenses and costs in certain cases.
5. Each victim receives an individual assessment to decide the necessary protection measures, such as avoiding contact with the offender, having the statement taken by specially trained staff, or holding the hearing behind closed doors. Minors and persons with disabilities needing special protection receive additional measures, such as recording their statements.
6. Victim Support Offices are organized to inform, support and refer victims to specialized services, without requiring a prior complaint. Anyone convicted of a false complaint or simulated crime must repay the aid and expenses caused to the Administration.

Who it affects

• Direct victims of crimes committed in Spain or prosecutable in Spain, of any nationality.: They receive rights to information, protection, support and participation in the proceedings.
• Relatives of victims who die or disappear because of a crime.: They can act as indirect victims and pursue criminal action.
• Minors and persons with disabilities needing special protection.: They receive reinforced protection measures during investigation and trial.
• Judges, prosecutors, police and court staff.: They must inform victims, assess their needs and apply protection measures.
• People who pose as victims or file false complaints.: They must repay the aid and expenses caused to the Administration.

Words worth knowing

Sobreseimiento (dismissal)

A judge's decision to close or end the investigation of a criminal case.

Personarse en la causa (joining the case)

Formally appearing in the proceedings as a party, with a lawyer and court representative.

Tercer grado (third-degree regime)

A prison regime that allows an inmate to serve the sentence outside the usual cell, with more freedom.

Libertad condicional (parole)

Allows a convicted person to leave prison before serving the full sentence, under conditions.

Justicia restaurativa (restorative justice)

Services, such as mediation, that seek to repair the harm to the victim with the offender's participation.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries