x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
The Rights of Victims and Witnesses during Legal Proceedings in Spanish Criminal Law Everything you Need to Know
Being the victim of a crime in any circumstance is difficult, but when you fall victim to a crime in a foreign country, it can provoke considerable anxiety. If you are the victim of a crime in Spain, or you witness a crime, it is essential that you know your rights and what to expect with regard to any legal proceedings that arise. Spanish criminal law differs from English and Welsh law, which is why it is recommended that you seek advice from a Spanish criminal lawyer (abogado) as soon as possible.
In our comprehensive guide, we will explore how to report a crime in Spain, as well as the steps need to draft an effective victim impact statement and whether victims of Spanish crimes are entitled to compensation. We will also discuss your rights as a victim of a Spanish crime, also the steps to take if you witness a crime taking place.
Click on the relevant link to visit the section:
How to Report a Crime in Spain
If you are a victim of a crime in Spain, or you witness a crime taking place there are processes you must follow. If an act recognised as a crime in Spain takes place, you should first contact the relevant authorities, such as the Policia National, Guardia Civil and local police forces. A complaint (known in Spain as a denuncia) can be filed at a police station. If you wish to report a crime from the UK, you can start by contacting the Spanish police from the UK.
You can contact the Spanish police through the emergency services on 112, or you can contact the Policia Nacional or Guardia Civil via their website. Amongst the multiple avenues available when reporting a crime in Spain, the most straightforward method is to visit a local police station, where immediate documentation can be filed. Non-emergency crimes can be reported over the phone. It is strongly recommended, if you are the victim of crime, to engage an English-speaking Spanish lawyer who can represent your interests and assist you in obtaining compensation where appropriate.
By instructing Spanish lawyers, you can receive invaluable legal representation, as well as expert advice and guidance on your case. Spanish solicitors can also handle documentation and communication, translating documents when needed.
How Do I Draft a Victim Impact Statement in Spain?
A victim impact statement is a written or oral account provided by the victim of a crime that describes how the crime has affected them; this account can also be provided by family members. It allows the court to understand the personal consequences of the case and can influence sentencing decisions. Anyone directly impacted by a crime can submit a victim impact statement (“VIS”), as well as family members of a deceased victim, should the crime have resulted in a death. It is advised that you instruct a multilingual Spanish lawyer to help you write your VIS.
A VIS should include comprehensive details about the crime, such as the date, nature and circumstances. The focus should be on factual information and can be written in English or Spanish. Consider the key points you wish to include first, and you should gather any relevant documents such as medical records to substantiate your claim in crimes of violence. Include the physical, financial and psychological impact of the crime including any future implications.
Are Victims of a Crime in Spain Entitled to Compensation?
If you are the victim of a crime in Spain, it is possible to receive compensation. If you are the victim of a violent crime, Spain has compensation schemes in place for UK citizens; you must contact the British embassy, high commission or consulate to make a claim. You can be compensated for a range of situations, including damage to property, personal injury and losses from theft.
You can seek compensation for a number of crimes, including violent offences, sexual offences, theft terrorism and personal injury. Damage and injuries eligible for compensation include:
- Physical injuries and injury to mental health
- Material damage caused to property
- Cost of temporary accommodation and travel expenses
If someone has died as a result of a crime in Spain, the victim’s spouse, child or parents could be entitled to compensation. Spain has a legal aid system known as “asistencia jurídica gratuita” that can help people who don’t have enough money pay for legal proceedings, however, this only applies to foreign nationals from an EU member state.
The amount of compensation you receive depends on various factors, including the type of injury, incident and its overall impact on your life. A points system is used for cosmetic damage. Should someone die from a terrorism offence, compensation is around €250,000. Claiming compensation can be a time-consuming process, especially if you do not have legal representation. You have one year from the date the crime was committed to claim for compensation. Please be aware it can, on average, take between two and six months to be granted compensation.
Knowing your Rights as a Victim of a Crime in Spain
Spain is considered a safe country for residents and visitors, yet crime can occur. If you're a British national who becomes a victim of crime in Spain, knowing your rights and understanding the Spanish legal system is essential.
Key actions for victims include contacting emergency services, reporting the crime, and collecting evidence. You can report incidents to any one of the different Spanish police agencies based on the crime type: the National Police (for serious crimes), Local Police (for minor crimes), or Civil Guard (for national security issues).
Victims are entitled to support services, including information in English, a copy of the police report, trial updates, and protection orders for cases involving domestic or gender-based violence. Our Legal professionals at Giambrone & Partners provide valuable assistance throughout the process, helping with statements and court representation.
What to Do if You Witness a Crime in Spain
Witnessing a crime in Spain can be challenging, especially for foreign nationals unfamiliar with the legal system. In Spain, private individuals can initiate criminal proceedings by filing a formal report, or Denuncia, which starts a police investigation. Witnesses have specific rights, including access to a translator and legal aid, to ensure that statements are accurate and understood.
If you witness a crime, call emergency services (112) and provide detailed information. Reporting a crime is essential, as it enables police to gather fresh evidence and proceed with investigations. Witnesses in Spain have legal obligations to cooperate in court, and failing to appear when summoned could lead to fines. False statements are taken seriously and can result in serious penalties under Spanish law.
Legal support from our lawyers can be invaluable, offering guidance through the process in English and ensuring witnesses’ and victims’ rights are upheld while meeting legal responsibilities.