Article 109 Spanish Criminal Procedure Act: Information to the victim of the right to appear as a party

When the offended or injured person gives a statement before the judge, the court clerk shall inform that person of the right to appear as a party in the proceedings and to waive or not to waive the restitution of the thing, the reparation of the harm and the indemnification of the loss caused by the punishable act. The clerk shall likewise inform that person of the rights set out in the legislation in force, and may delegate that function to staff specialised in the assistance of victims.

Where the person is a minor, the same step shall be taken with the legal representative of that person.

In proceedings in which persons with a disability take part, such adaptations and adjustments as are necessary shall be made. Those adaptations may relate to communication, comprehension and interaction with the environment. It must be guaranteed that:

a) All communications with persons with a disability, whether oral or written, are made in clear, simple and accessible language, in a manner which takes account of their personal characteristics and needs, making use of means such as easy reading. Where necessary, the communication shall also be made to the person who provides support to the person with a disability in the exercise of legal capacity.

b) The person with a disability is provided with the assistance or supports necessary in order to be able to be understood, which shall include interpretation in the legally recognised sign languages and the means of support for the oral communication of deaf persons, persons with a hearing disability and deafblind persons.

c) The participation is permitted of an expert professional who, acting as a facilitator, carries out the tasks of adaptation and adjustment necessary in order that the person with a disability may understand and be understood.

d) The person with a disability may be accompanied by a person of their choice from the first contact with the authorities and officials.

Outside the cases provided for in the two preceding subparagraphs, no notification shall be given to those interested in the civil or criminal actions which would prolong or halt the course of the case, which does not prevent the court clerk from endeavouring to inform the absent offended person of that right.

In any event, in proceedings conducted for offences covered by Article 57 of the Criminal Code, the court clerk shall ensure the communication to the victim of the procedural acts which may affect the safety of that person.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.