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Understanding the Rights of a Spanish Crime Victim
Spain is known for its rich culture, beautiful landscapes, and warm hospitality; it is also considered a relatively safe country for both residents and visitors. According to the Organisation for Economic Co-operation and Development (OECD), around 80% of people in Spain report feeling safe walking alone at night, a statistic that speaks to the general sense of security in the country. However, even in safe countries, crimes can and do happen.
Finding yourself a victim of a crime, especially as a foreign national and unfamiliar with the local legal system, can be confusing and stressful, and knowing your rights can be extremely beneficial.
This guide will explore a victim’s rights after a Spanish crime, explaining the Spanish criminal justice system and the importance of seeking aid from a criminal lawyer (Abogados).
Click on the links below to jump to that section:
How criminals are prosecuted in Spain, and what victims should be aware of.
The most common crimes in Spain, and what victims should do following a crime.
Discover the procedure for reporting a Spanish crime, and the importance of legal advice.
Here are the various rights of a Spanish crime victim.
What to consider after becoming a victim of Spanish crime, and how Giambrone & Partners can help.
The most common queries on crime in Spain.
How does the Spanish criminal justice system work?
Spain’s criminal justice system operates under the oversight of the Ministry of Justice (Ministerio de Justicia), which ensures that the rule of law is upheld in criminal investigations, trials, and sentencing.
When a crime is committed, the investigation typically begins with the police or the prosecution service. They will gather evidence, interview witnesses, and decide whether the case should be dismissed or taken forward for prosecution. If the case proceeds, it may result in a trial, which in Spain is usually public and concludes with either a conviction and sentence or an acquittal. The accused must be present at trial to ensure a fair hearing from both parties.
Given the complexities of the Spanish legal system, especially for those unfamiliar with it, working with legal professionals experienced in both Spanish and international law can be highly beneficial.
Giambrone & Partners specialises in cross-border matters, including criminal law. Our Spanish lawyers (Abogados) will offer valuable guidance and legal aid to foreign nationals navigating the judicial process in Spain.
What should you do if you are a victim of a crime in Spain?
If you find yourself the victim of a crime, your first step should be to contact the emergency services by calling 112, a universal emergency number used across the European Union. There is more than one police force in Spain and depending on the nature of the crime, you may need to contact different branches of law enforcement services:
National Police (Policia Nacional) – Dial 091 for theft, serious offences, and public disturbances. Officers wear black uniforms and can be found at national offices or patrolling the streets.
Local Police (Policia Local or Policia Municipal) – Dial 092 for lower-level crimes, including traffic violations, civil disputes, and property crimes. Officers are typically dressed in blue uniforms.
Civil Guard (Guardia Civil) – Dial 062 if the crime involves national security, counterterrorism, or cybercrime. The Guardia Civil is Spain’s oldest law enforcement agency responsible for handling serious offences that may cross-regional or international borders.
It’s essential to gather as much evidence as possible. This includes taking photographs of the crime scene, collecting witness statements, and obtaining medical reports if you are injured.
You may also contact your nearest British embassy or consulate for further assistance. They can provide you with advice, help you replace stolen documents, and refer you to legal services if required.
How do you report a crime and make a statement in Spain?
When a crime occurs, it is crucial to report it to the police as soon as possible.
Reporting a crime as a victim
A Spanish citizen is required to provide their national ID number. As a foreign national, you should present your passport. In the unfortunate event that your passport has been stolen, inform your embassy or consulate immediately.
You may also be asked to bring any clothes you wore at the time of the crime, especially if they could contain relevant evidence. Once you file the crime report, the police will begin their investigation, which could include gathering more evidence, interviewing witnesses, or visiting the crime scene.
Read our full guide on how to report a crime in Spain and how Spanish lawyers (Abogados) can help here.
Making a statement as a victim
Following the initial report, the police will interview you to take your statement. They will ask for detailed information about the crime, including the description of the perpetrator, the circumstances surrounding the incident, and whether any witnesses were present.
It is advisable to seek legal assistance when making a formal statement to ensure that it accurately reflects your experience and is correctly worded for legal purposes. Giambrone & Partners’ cross-border criminal lawyers can aid with translation, guide you through the statement process and ensure your statement is drafted properly to avoid any future complications.
If you have been a victim of a crime, contact our lawyers to request a callback with our expert lawyers.
What are your rights as a victim in Spain?
If you decide to report a crime in Spain, the police are required to inform you of your rights as a victim, outlined in the Victims of Crime statute law. They should also give you information on the procedure in your language if you cannot understand Spanish.
Your rights as a victim include:
Access to Crime Victim Support Services – Spain offers an Office of Crime Victim Support (Oficina de Asistencia a las Víctimas del delito), which provides information and resources to those affected by crimes.
Right to request a female officer – If you are a female victim of rape, domestic violence, or gender-based violence, you can request to be interviewed by a female police officer.
Right to an interpreter – If you do not speak Spanish, you have the right to an interpreter throughout the process.
Right to a copy of the police report – You are entitled to a copy of the police report, along with a written translation if you do not understand Spanish.
Right to trial information – You have the right to be informed about the legal proceedings, including the date, time, and place of the trial, as well as the charges against the offender.
Right to request a protection order – If you are a victim of domestic violence or gender-based violence, you can request a protection order from the police.
Factors to consider after being victim to a Spanish crime
Being the victim of a crime can be an emotional and traumatic experience. It is important to take steps to ensure that you are supported after the incident.
Speaking with family and friends
Though it may be difficult or embarrassing, it is important to have a supportive network of family and friends after being a victim of a Spanish crime, especially if you are on your own in Spain. Talking can provide emotional relief during this challenging time.
Seeking legal assistance
Navigating the legal process can be complex, particularly when dealing with cross-border legal matters. Seeking professional legal advice can provide clarity on the procedure and ensure your rights are fully protected.
Giambrone & Partners have experience dealing with legal cases involving foreign nationals and can offer crucial assistance during the process. Our experienced lawyers will be able to navigate the Spanish law system and communicate with you in your language for complete clarity. This includes translation services, representation in court, and guiding you through your legal requirements.
Contact our multi-lingual and multi-jurisdictional lawyers (Abogados) for more information or to request a callback.
Frequently asked questions
What should you do if you witness a crime in Spain?
After witnessing a crime in Spain, it is vital that you report the crime as soon as possible. Witnesses have the right to an interpreter if they do not speak Spanish.
What are your rights if you are arrested in Spain?
If you're arrested in Spain, you have the right to remain silent, be informed of the charges against you, have access legal representation, request an interpreter if needed and inform someone of your arrest. You also have the right to consular assistance if you're a foreign national.
Read our guide on what to do if you have been arrested in Spain as a foreign national here.
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