Compensation for damages to the victim of an offence

Under Spanish law, all victims of a criminal offence are entitled to claim compensation for damages. After all, any aggression entails physical, psychological, moral and even financial harm.

However, many victims have doubts about how to claim compensation. That is why we have decided to focus on them here.

Legal basis for damages awards

Specifically, the Criminal Code establishes the possibility of claiming damages in three of its articles: 109 (physical assaults), 116 (other serious or very serious offences) and 119 (minor injuries).

For its part, the process of claiming damages is regulated in the Civil Procedure Act. In this sense, the claim for damages must always be filed before the start of the oral trial, so that the investigating court has the possibility of making a claim during the investigation phase.

What damages are recoverable?

Victims of crime can file a claim for damages that will enable them to obtain compensation for the following reasons:

• Physical damage. We are talking, for example, about injuries, scars, pain or even temporary or permanent disabilities.
• Psychological damage. An assault can also cause emotional suffering. For example, if a woman is raped, she may have problems living a normal life afterwards.
• Moral damages. This refers to damage to the victim's reputation, honour and dignity.
• Financial damages. Such as medical expenses arising from the treatment of injuries and rehabilitation therapies. Also the loss of income during convalescence and damage to property (for example, a watch or mobile phone that was broken during the aggression).

How is compensation for assault and battery calculated?

First of all, it must be said that Spain has a schedule of compensation for assault and battery that is laid down by law. Specifically, it is found in Law 35/2015, of 22 September, on the reform of the system for the valuation of damages caused to persons in traffic accidents.

As can be inferred from its title and its popular name, which is "baremo de tráfico", it is a legal text focused on compensation for damages arising from traffic accidents. However, it can also be used for the calculation of compensation in a criminal trial.

However, the amounts set out in the schedule are not necessarily exactly the amounts that are finally claimed. This is mainly due to the fact that there are other factors that may influence the amounts:

• Severity of injuries. These should be assessed by health professionals and experts.
• After-effects. Especially if they lead to long-term disabilities and/or chronic pain.
• Age of the victim. It is normal for assaults on minors to carry a higher financial compensation for physical aggression.
• Moral and psychological damages. In this case, they are assessed and determined by psychologists and psychiatrists.
• Aesthetic damages. For example, if, as a result of the aggression, a facial deformity or a visible scar has been produced.

Obviously, the person from whom damages should be claimed is the aggressor, i.e. the person who committed the crime. The determination of the amount of damages can be carried out by the judge during criminal proceedings or at the request of the victim if he or she decides to initiate civil proceedings.

If the assault takes place in the workplace, the company may also be liable to pay damages to the victim. Especially if the judge considers that it did not take adequate measures to prevent the assault from occurring.

The process of claiming damages

The procedure for claiming financial compensation for damages consists of four stages. The first step is the filing of a complaint with the competent authority, in which the facts of the case are described in as much detail as possible.

Before or after the filing of such a complaint, the victim has to undergo a medical and/or psychological evaluation for the purpose of documenting the injuries. It is also imperative that he/she contacts a lawyer to defend his/her rights.

Finally, the negotiation (civil) or the trial (criminal) will begin, after which it will be determined by a judgement.

What happens if the abuser is unable or unwilling to pay?

In case the aggressor does not want to pay the compensation, the law has mechanisms to proceed to the seizure of his salary or assets. However, if he is insolvent, the matter becomes much more complicated.

In any case, the law provides for a limitation period of 5 years from the date on which the aggression took place. Therefore, during this time, the victim can initiate legal proceedings in order to collect compensation for damages.