Article 110 Spanish Criminal Procedure Act: Joining Proceedings as an Injured Party

Article 110 of the Criminal Procedure Act allows a person injured by an offence to become a party to the proceedings, provided he does so before the stage of formal classification, and to exercise the civil actions available without the proceedings being put back. Where he appears after the period for filing an indictment has elapsed, he may still exercise the criminal action until the trial begins by adhering to the indictment of the prosecution or of another party. Its second paragraph makes clear that a failure to appear does not waive the right to restitution, reparation or compensation, which must be waived clearly and expressly.

Wording of Article 110 of the Spanish Criminal Procedure Act

Requirements and procedure

1. Status as a person injured by the offence, which extends beyond the direct victim to those who suffered loss.
2. Appearance before the stage of classification, in order to exercise the actions in full, or before the commencement of the trial in order to adhere to an existing indictment.
3. No putting back of the proceedings, so the party who appears late takes the case as he finds it.
4. For a waiver of the civil right, a clear and unequivocal declaration, which silence and non-appearance do not supply.

Defence strategy

Contesting a late appearance. A party who appears after the period for the indictment may adhere to an existing one but may not formulate a new and wider accusation. Where a private prosecution appears late and introduces additional facts, a heavier classification or a materially larger claim, the defence objects: the article permits adherence, not the opening of a new case, and the objection is made in the pleadings rather than at trial.

Establishing the status of injured party. Not everyone affected by an offence is an injured party for this purpose. Insurers exercising subrogation, companies related to the complainant and relatives without a personal loss are frequently admitted without scrutiny. Contesting standing at the outset removes a prosecuting party and, with it, the pressure that a private claim exerts on any negotiated disposition.

The civil claim survives non-appearance. Because non-appearance does not waive the civil right, a defendant cannot assume that the absence of the victim ends the financial exposure: the prosecution claims on the victim’s behalf. The defence therefore quantifies the claim from the outset and, where settlement is intended, obtains a written waiver in clear and unequivocal terms, which is the only form the article recognises.

Negotiating with the private prosecution. Where a private prosecution is a party, an agreed disposition requires its consent as well as the prosecutor’s, and its claim is ordinarily the obstacle. Early quantification, payment or a documented instalment agreement, and an express waiver, are what convert a case with a private prosecution into one capable of resolution under articles 787 or 801.

• Article 116: civil liability arising from an offence
• Article 779: closing the preliminary investigation
• Civil liability and confiscation
• Spanish-language entry

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.