Why foreigners get caught out
Many foreign victims report the crime, fly home and never hear about the case again. Without a lawyer, notices may never reach them, the case may be dismissed for lack of evidence, or the offender may agree a plea deal with the prosecutor without compensation for the victim. A lawyer in Spain keeps the case moving and protects your claim.
Reporting the crime
Go to the nearest Policía Nacional or Guardia Civil station, or the local police in some municipalities. You can report in your language with an interpreter. Ask for a copy of the complaint (denuncia), which you will need for insurance and to follow the case. If you were injured, go to a medical centre first and keep the medical report.
Your rights as a victim
- To be informed of your rights and of the progress of the case.
- To an interpreter and the translation of essential information. See interpreter rights.
- To protection measures, such as a restraining order.
- To the return of your belongings once they are no longer needed as evidence.
- To be notified of the key decisions, such as dismissal or the release of the offender.
Joining the prosecution
The public prosecutor acts in most cases, but you can join the case as a private prosecutor through your own lawyer. This allows you to propose evidence, attend hearings, appeal a dismissal and seek a higher sentence or compensation than the prosecutor proposes. It also affects the fast-track procedure: a plea deal with the automatic one-third reduction at the duty court is not possible when a private prosecutor has joined.
Compensation
The criminal court decides on compensation together with the sentence: days of recovery, after-effects, medical costs, stolen or damaged property, lost earnings and moral damage. If the offender cannot pay, victims of violent crimes and sexual offences may be entitled to state assistance.
Giving evidence from home
Victims living abroad can often give their statement by videoconference, through the courts of their country or directly, and in some cases a statement taken at the beginning can be used at trial. Your lawyer arranges this with the court.
Typical cases
Victims of assault in resort areas, theft and robbery of phones and bags, fraud in holiday rentals and property, and sexual offences.
A practical example
A Dutch tourist suffered a broken nose in an unprovoked attack in Playa de Palma and flew home two days later. We joined the case as private prosecutor, obtained the CCTV, arranged his evidence by videoconference and secured a conviction with compensation for his recovery and the surgery. More information on the firm's main website: criminal law at Castell Abogados.
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions from foreign victims of crime
Can I report a crime in English in Spain?
Yes. You have the right to an interpreter when reporting the crime and giving evidence.
Do I need a lawyer as a victim?
It is not compulsory, but a lawyer lets you join the case, propose evidence and protect your compensation.
Do I have to come back to Spain for the trial?
Often not. Your evidence can frequently be given by videoconference.
Can I claim compensation for a crime on holiday?
Yes. The criminal court can order the offender to compensate you for injuries, losses and moral damage.