Private Prosecution: How to Exercise Your Rights as a Crime Victim in Spain

Private Prosecution: How to Exercise Your Rights as a Crime Victim in Spain

When a person becomes a crime victim, the Spanish criminal system recognizes their active role in proceedings: private prosecution (acusación particular). Appearing as a private prosecutor grants the victim the ability to fully participate in the investigation and trial, request evidence, appeal decisions, and claim civil liability arising from the crime.

What Is Private Prosecution

Private prosecution is the victim's intervention in criminal proceedings, exercising criminal action alongside the Public Prosecutor. Regulated under Articles 109 and 110 of the LECrim.

Article 109 LECrim provides that the investigating judge shall inform the victim of their right to become a party and to claim restitution, damage repair, and compensation.

Article 110 LECrim establishes that injured parties may become parties before the crime classification stage.

Difference from Popular Action

• Private prosecution (Articles 109-110 LECrim): Exercised by the direct victim. Direct standing through victim status.
• Popular action (Article 101 LECrim): Any Spanish citizen may exercise it. Derived from Article 125 of the Constitution. Requires a bond.

The Crime Victim Statute (Law 4/2015)

Law 4/2015 transposes Directive 2012/29/EU, establishing rights to information (Articles 4-7), active participation (Article 11), protection (Articles 19-26), assistance and support (Articles 27-29), and enhanced protection for especially vulnerable victims (Article 23).

How to Appear as Private Prosecutor

1. Appoint lawyer and solicitor (mandatory; right to legal aid under Law 1/1996)
2. File appearance brief with the Investigating Court
3. Deadline: Before the crime classification stage (Article 110 LECrim)
4. Admission: Judge issues admission decision

The Prosecution Brief

Under Article 650 LECrim (ordinary) and Article 781 (abbreviated): criminal facts, legal classification, defendant's participation, modifying circumstances, requested penalties, and civil liability.

Requesting Investigation Steps

Private prosecutors may request: witness statements, expert reports, entry and search, communication interception, identification procedures, and documentary evidence. Denials can be challenged through reform and appeal.

Civil Liability from Crime (Articles 109-122 CP)

Comprises restitution (Article 111 CP), damage repair (Article 112 CP), and compensation for material and moral damages (Article 113 CP). Joint claims in criminal proceedings are usually more efficient than separate civil proceedings.

Fast-Track Trials (Articles 795-803 LECrim)

Accelerated procedure for flagrant crimes with sentences up to 5 years. Article 797 LECrim requires informing the victim of their right to appear as private prosecutor.

Appeals Available

Reform appeal (Article 217 LECrim), appeal (Article 766 LECrim), cassation before the Supreme Court (Articles 847 ff. LECrim), and constitutional appeal (amparo).

How Lexiel Helps

Lexiel offers: automatic appearance brief generation, prosecution brief drafting, civil liability calculation with applicable scales, investigation step requests, appeal drafting, and CENDOJ case law access.

Conclusion

Private prosecution is a fundamental procedural instrument allowing victims to become protagonists in their own defense. The Victim Statute guarantees information, participation, and protection.

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