Quick answer. Report the offence as soon as possible to the National Police, the Guardia Civil or the Local Police: you are entitled to a free interpreter and to a copy of your complaint. Under the Victim Statute (Law 4/2015) you have the right to be informed of the proceedings, to take part as a private prosecutor through a lawyer, to claim compensation within the criminal case and, in many cases, to give evidence by videoconference without returning to Spain. Residents of other EU countries, such as France, may also report in their home country if they could not do so in Spain.
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Reporting the offence
The complaint (denuncia) can be made at any police station and, for certain offences without violence and with an unknown author, it can be started online and confirmed in person. Ask for an interpreter if you need one and for a copy of the complaint, which you will need for your insurer and, if your passport was stolen, for your consulate. If you were injured, obtain a medical report from the health centre or hospital that treated you. Preserve photographs, receipts, messages and the names of witnesses, and ask the police to secure CCTV footage quickly, because recordings are kept for a short time.
Your rights as a victim
The Victim Statute recognises the right to understand and be understood, to translation and interpretation, to information about the procedure and support services, to protection, and to be notified of key decisions such as the dismissal of the case, which the victim may appeal even if not a party to the proceedings. You may provide an email address or a postal address abroad for notifications.
Following the case from abroad
You can take part in the proceedings as a private prosecutor (acusación particular), represented by a lawyer and a court agent (procurador), which allows you to propose evidence, request measures, request a conviction and appeal. If you do not appear as a party, the public prosecutor will normally also claim compensation on your behalf, unless you waive it or reserve it for a civil claim. Spanish law allows statements by videoconference, so in many cases you will not need to travel for the trial.
Compensation
Compensation is primarily paid by the offender and, where applicable, by insurers or by persons liable in the alternative. For violent offences and offences against sexual freedom, Law 35/1995 provides public aid subject to requirements of nationality or habitual residence; residents of other EU countries can also be assisted through the authority of their own country under the European rules on compensation to crime victims.
Time limits
Minor offences (delitos leves), such as minor injuries or thefts of property worth up to 400 euros, become time-barred after one year, and some of them, such as minor injuries, can only be prosecuted on the complaint of the victim. Report as soon as possible, and seek advice if you intend to bring a private prosecution.
Frequently asked questions
Do I have to come back to Spain for the trial?
Not always. Witnesses and victims can give evidence by videoconference in many cases, and your lawyer can represent you in the proceedings if you take part as a private prosecutor.
Can I report the offence online?
For certain offences without violence and with an unknown author, the National Police allows the complaint to be started online, but it must then be confirmed in person at a police station.
I live in France: can I report the offence there?
Yes. European rules allow residents of a member state who were unable to report an offence in the country where it was committed to make the complaint in their country of residence, which forwards it to the Spanish authorities.
Will I receive compensation?
The court will set compensation against the offender if convicted. Public aid schemes exist for violent and sexual offences, subject to requirements, and your lawyer can also claim against insurers where applicable.
Related guides
- Criminal complaints in Spain: denuncia and querella
- Private prosecution and victims’ rights in Spain
- Victim of crime: private prosecution in Spain
- How to recover money after an online scam in Spain
- English-speaking criminal lawyer in Alicante
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
