Private prosecution lawyer in Alicante

What private prosecution is

When a crime is committed, the Public Prosecutor’s Office (Ministerio Fiscal) brings charges in the public interest. But the victim does not have to simply wait: they can take part in the proceedings as a private prosecutor (acusación particular), with their own lawyer and court representative, and act as a full party.

This means you can see everything that happens in the case, propose evidence and witnesses, take part in the questioning, file your own indictment, request precautionary measures and appeal decisions that harm you, such as a dismissal or an acquittal.

It should be distinguished from other roles. A popular prosecution (acusación popular) can be brought by any Spanish citizen even if they have not been harmed by the offence (Articles 101 and 270 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). A civil claimant (actor civil), by contrast, takes part only to claim compensation, without seeking a penalty. Private prosecution combines both: it seeks the conviction of the person responsible and redress for the harm you have suffered.

We act as private prosecutors in offences such as fraud, bodily harm and assault, misappropriation, threats or the unlawful occupation of homes. If you are a woman who is a victim of gender-based or sexual violence, see our specialist website abogadaviolenciadegenero.com.

Complaint or private criminal action: how to start

There are two ways of bringing the facts to the attention of the justice system:

• Complaint (denuncia): filed at a police station, at a Guardia Civil post or at the court. No lawyer is required. It is quick, but you are only reporting the facts; you do not automatically become a party.
• Private criminal action (querella): a more complete written application filed with the court through a court representative and signed by a lawyer. It must contain a detailed account of the facts, the investigative steps requested to verify them and, where appropriate, measures against the person responsible, such as the freezing of their assets (Article 277 of the Criminal Procedure Act). With a private criminal action you are a party from the outset.

A private party bringing a private criminal action generally has to provide a bond, but the person harmed by the offence is exempt, as are their heirs or legal representatives (Articles 280 and 281). For foreign claimants, that exemption depends on international treaties or reciprocity.

Choosing between the two depends on the case. In economic or complex offences, a well-documented private criminal action helps to steer the investigation from day one. In other cases it is enough to report the offence and join the proceedings later.

When you can join the proceedings

If a case is already open, the injured party can join as a party before the stage at which the charges are formally set out (trámite de calificación), without the proceedings going back to an earlier stage (Article 110 of the Criminal Procedure Act). In the abbreviated procedure, the court must inform you of your rights and you can join without filing a private criminal action (Article 761.2).

If you join once the deadline for filing an indictment has passed, you can still bring criminal proceedings until the trial begins, but only by adhering to the charges brought by the public prosecutor or another prosecuting party. That is why it is best not to wait.

In addition, offences become time-barred: as a general rule, after five years for those carrying a maximum sentence of up to five years’ imprisonment, and after one year for minor offences and for insult and slander (Article 131 of the Criminal Code). We explain this in the article on limitation periods for crimes.

Compensation: what you can claim

Anyone who is criminally liable for an offence is also civilly liable if the act has caused damage or loss (Article 116 of the Criminal Code). Civil liability includes (Article 110):

• Restitution of the property, where possible.
• Repair of the damage.
• Compensation for material and non-pecuniary losses: medical expenses, days off work, lasting injuries, financial losses or non-pecuniary damage.

If you only bring the criminal action, you are deemed to be claiming civil liability as well, unless you expressly waive it or reserve it for subsequent civil proceedings (Article 112 of the Criminal Procedure Act). Even if you do not join the proceedings, you do not lose your right to any compensation that may be awarded in the judgment, unless you clearly waive it (Article 110). But without your own prosecution it is harder to quantify the harm properly and defend that figure.

During the investigation we also request measures to secure payment, such as freezing assets or requiring the suspect to provide a bond.

Your rights as a victim

The Victims of Crime Statute (Estatuto de la víctima del delito, Law 4/2015) grants every victim the right to bring criminal and civil proceedings and to provide investigators with the evidence and information they consider relevant (Article 11). Some important safeguards:

• If the judge dismisses the case, you are notified of the decision and you can appeal it even if you have not joined the proceedings (Article 12 of the Statute). In the abbreviated procedure the time limit is twenty days (Article 779.1 of the Criminal Procedure Act).
• You may be accompanied by your legal representative and a person of your choice when you testify as a witness (Article 433).
• For certain serious offences you can ask to be notified of, and appeal, certain prison decisions concerning the convicted person (Article 13 of the Statute).

In speedy trials the timescales are very short; see our page on speedy trials.

How we support you

1. We listen to what happened and gather the evidence: documents, messages, medical reports, photographs and witnesses.
2. We decide with you whether to file a complaint or a private criminal action, and before which court.
3. We join you to the proceedings and propose the investigative steps needed to prove the facts.
4. We request precautionary measures for your protection and to secure compensation.
5. We quantify the harm, file the indictment and accompany you at trial.
6. We appeal if the decision is unjust and follow enforcement through until payment. See criminal appeals.

Every case is different; after reviewing yours we give you a personalised written quote.