When you are the victim of a crime you do not have to simply wait for the public prosecutor to act. You can join the proceedings as a private prosecutor (acusación particular) and take an active part in the process to defend your interests.
What the private prosecution is
It is the procedural position held by the victim or injured party when they join the case with a lawyer and a court agent (procurador). It allows you to propose evidence, examine witnesses, characterise the facts and request a sentence and civil damages, independently of the public prosecutor.
Why it is worthwhile
The prosecutor upholds the law, not your specific interests. The private prosecutor can seek a different legal characterisation or compensation, drive the investigation forward and appeal decisions (for example, a dismissal). In practice, a victim who has joined the proceedings has far more control over them.
How to join the proceedings, step by step
1. Report the facts as soon as possible and preserve all the evidence.
2. The court will offer you the chance to become a party (offer of legal action, arts. 109 and 110 LECrim).
3. Appoint a lawyer and a court agent and file your appearance within the stated deadline.
4. Claim civil liability (damages) arising from the offence.
The Victim’s Statute
Law 4/2015 on the Statute of the Victim of Crime recognises rights to information, protection and participation. A lawyer helps you exercise them and ensures your voice carries real weight at trial.
Are you in this situation? Do not make any statement or sign anything without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Frequently asked questions
What is the private prosecution (acusación particular)?
The procedural position of the victim or injured party who joins the case with a lawyer and a court agent, allowing them to propose evidence, examine witnesses, characterise the facts and request a sentence and civil damages independently of the public prosecutor.
Why is it worthwhile to join the proceedings?
Because the prosecutor upholds the law rather than the victim’s specific interests; the private prosecutor can seek a different legal characterisation or compensation, drive the investigation forward and appeal decisions such as a dismissal.
How does a victim join the proceedings?
By reporting the facts and preserving the evidence, accepting the court’s offer of legal action under Articles 109 and 110 of the Criminal Procedure Act, appointing a lawyer and a court agent within the stated deadline, and claiming the civil liability arising from the offence.
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 →
