Victims' rights in criminal proceedings. Status of the victim

Victims of criminal offences have a series of rights during the judicial proceedings and even after the proceedings have taken place. All of them are set out in Law 4/2015, of 27 April, on the Victims' Statute.

But what exactly are these victim's rights? In this article we will explain them. We will also explain what is understood as such, how their participation in the process is regulated and what protection measures can be applied.

The concept of victim

The first article of the Victims' Statute aims to define this concept. In this sense, it establishes that there are two types.

The first is that of direct victim. Specifically, it establishes as such any natural person who has suffered damage or harm to their assets or to their own person, such as emotional damage, psychological or physical injury or damage to their finances that is directly related to the crime.

This law also refers to indirect victims. This would be the case, for example, of the spouse or children of a person who disappears or dies as a result of the commission of the crime. In other words, those who, despite not having suffered the crime themselves, suffer the consequences of the crime.

Victims' rights

Law 4/2015, of 27 April, includes a series of "basic rights" for all victims, whether direct or indirect. Specifically, they are the following:

• Right to understand and to be understood. This point refers to the fact that all necessary communications during the process must be carried out in such a way that the victim can understand them. In the same way, the means must be provided to understand what the victim is trying to express, taking into account his or her needs.
• Right to information. Victims should be kept informed of everything that happens during the criminal proceedings. Decisions and notifications should be made by post or e-mail. They will also have the right to receive a copy of the complaint or, failing that, a written translation of it if they do not speak the official language of the place where they reside or file the complaint.
• Cooling-off period. Barristers and solicitors may not approach direct or indirect victims of public calamities, disasters or other similar events that have caused a large number of victims until at least 45 days have elapsed.
• Right of access to assistance and support services. Whether provided by victim assistance offices or by the public administrations themselves.

The participation of the victim

If Title I of the Victims' Statute is aimed at compiling their rights, Title II regulates their participation during the criminal proceedings. In fact, this is the section that defines a major change with respect to previous legislation.

Specifically, Law 4/2015 establishes that the role of the victim of certain crimes will be fundamental during the execution of the sentence. Something that did not happen before, as they were no longer considered as an interested party (except for the purposes of civil liability) once the offender was convicted.

As of its publication in the Official State Gazette, victims have the right to know what decisions the penitentiary surveillance judge makes regarding permits, benefits, classification and conditional release. Moreover, they will be able to express their opinion on the matter by submitting allegations within five days of the decision being taken.

In addition, the victim does not need the services of a criminal lawyer to file this type of allegations and appeals, although it is always advisable to have one.

Protection of the victim

The victim has the right to testify as an injured party, but the authorities must take whatever measures are necessary to protect the victim. They should be designed according to his or her personal situation and circumstances.

For example, the Victim's Statute provides for the right to avoid contact with the perpetrator. This also applies to her relatives. Moreover, she may be accompanied throughout the process by a person of her free choice, in addition to her legal representative.

What is clear is that Law 4/2015, more popularly known as the Victims' Statute, is a legal text that was born with the purpose of protecting all those individuals who, directly or indirectly, have been harmed by the commission of a crime. If you still have any doubts, please contact one of our criminal lawyers, we will be happy to help you with whatever you need.