FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

The purpose of establishing a law constitutive of the legal status of the victim of crime is to offer from the public authorities a response as wide as possible, not only legal but also social, to the victims, not only repair of the damage in the framework of a criminal procedure, but also minimization of other traumatic effects in the moral that their condition can generate, all regardless of their procedural situation.

Therefore, the present Statute, in line with the European regulations in the matter and with the demands that our society poses, intends, starting from the recognition of the dignity of the victims, the defense of their material goods and moral and, with it, those of society as a whole.

With this Statute, Spain will bring together in a single legislative text the catalogue of rights of the victim, on one side transposing the European Union directives into the matter and, on the other, collecting the particular demand of the Spanish company.

II

The background and remote foundations of the present Statute for the crime victim are found in Council Framework Decision 2001 /220/JHA of 15 March 2001 on the status of the victim in criminal proceedings, which recognises a set of victims ' rights in the field of criminal proceedings, including the right to protection and compensation, and which was the first deep project of the European legislator to achieve a homogeneous recognition of the victim in the The European Union is the subject of the subsequent special rules.

The degree of compliance with that Framework Decision was the subject of the European Commission's report of April 2009, which highlighted that no single Member State had adopted a single legal text which systematically collected the rights of the victim and stressed the need for a general and effective development of some aspects of the aforementioned Statute.

With regard to Spain, this report highlights the existence of a regulatory framework that guarantees the rights of the victim, although much of these rights are exclusively procedural or focus on some very specific types of victims in accordance with their particular rules, namely Law 35/1995 of 11 December 1995 on aid and assistance to victims of violent crime and against sexual freedom (developed by Royal Decree 738/1997 of 23 May 1997), the Law Organic 1/1996, of 15 January, of Legal Protection of the Child, the Organic Law 1/2004, of December 28, Measures of Comprehensive Protection against Gender Violence, as well as Law 29/2011, of September 22, of Recognition and Integral Protection of Victims of Terrorism.

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 May 2011 entitled "Strengthening the rights of victims in the European Union", reiterates the examination of the aspects of the existing protection to date which need to be strengthened and the need for a European protection framework, such as the one designed by Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011, on the European protection order.

In this context, the adoption of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 laying down minimum standards for the rights, support and protection of the European Union has been produced. victims of crime, and for which the Council Framework Decision 2001 /220/JHA is replaced. It is therefore appropriate to transpose into national law not only the issues which the Commission's 2009 report referred to as regards the degree of transposition of Framework Decision 2001 /220/JHA, but also the outstanding issues of transposition the special directives and the new rights and requirements set out in the new Directive of 2012.

Thus, the present legislative text not only responds to the requirement of minimum standards laid down by the European legislator with the text finally adopted in Directive 2012/29/EU, but seeks to be more ambitious, moving to the the demands and needs of Spanish society, in order to complete the design of the rule of law, almost always focused on the procedural guarantees and the rights of the accused, accused, prosecuted or convicted.

Effectively, with that focus it has been possible to warn, and so our society moves it with its demands, a certain postponement of the rights and special needs of the victims of the crime that, in attention to the value It is necessary to deal with the higher justice that informs our constitutional order, and it is appropriate to do so precisely because of this transposition.

The time horizon marked by that Directive for transposition into national law extends until 16 November 2015, but as this European standard is, of a general nature, preceded by other Special provisions requiring transposition on closer dates have been chosen to address this task in this text and to add to the general catalogue of victims ' rights other rules of application for certain categories of victims.

It is also considered appropriate, given that one of the effects of this Law is to offer a unitary concept of a victim of crime, beyond its procedural consideration, to include in the concept of indirect victim some These are not imposed by the European standard, but by other international standards, such as the United Nations Convention for the Protection of All Persons against Forced Disappearances.

III

The present Statute of the Victim of Crime has the vocation to be the general catalogue of the rights, procedural and non-procedural, of all victims of crimes, notwithstanding the referrals to special regulations in the field of victims with special needs or with special vulnerability. It is therefore an obligation that, in the case of minors, the best interests of the child act as a guide for any measure and decision taken in relation to a minor victim of a crime during the criminal proceedings. In this regard, the adoption of the measures for the protection of Title III, and in particular the non-adoption thereof, should be based on the best interests of the child.

I am part of a broad concept of victim, for any crime and whatever the nature of the physical, moral or material harm that has been irrogated. It includes the direct victim, but also indirect victims, such as relatives or assimilated persons.

On the other hand, protection and support for the victim is not only procedural, nor does it depend on its position in a process, but it charges a non-procedural dimension. It is based on a broad concept of recognition, protection and support, in the interests of the integral safeguarding of the victim. To this end, it is essential to provide the victim with the maximum facilities for the exercise and protection of their rights, with the minorisation of unnecessary formalities involving the second victimization, giving him an effective information and guidance rights and services corresponding to it, the referral by the competent authority, a human treatment and the possibility of being accompanied by the person designating in all his or her formalities, notwithstanding the procedural representation that proceeds, inter alia measures.

The actions must always be geared to the individual, which requires an individual assessment and treatment of every victim, without prejudice to the specialized treatment required by certain types of victims.

As has already been stated, the recognition, protection and support of the victim is not limited to the material aspects and the economic repair, but also extends to its moral dimension.

On the other hand, the recognition, protection and support of the victim is given, in turn, to the specialties of the victims who do not habitually reside in our country.

The effectiveness of these rights requires maximum institutional collaboration and involves not only the different Public Administrations, the Judiciary and the groups of professionals and victims, but also the people The European Commission has also been involved in the work of the European Commission in the field of research and development. It is therefore necessary to provide the institutions with protocols for action and procedures for coordination and cooperation, as well as the promotion of specialised offices, the initial and continuing training of staff, and the awareness that the treatment of the victim involves, without forgetting the participation of associations and collectives.

However, the unifying vocation of the Statute and the referrals to the special regulations of certain victims ' groups, which would have extended their assistance and protection with the general catalogue of rights of the victim, The absence of specific regulation for certain victims ' groups with particular vulnerability is intended to provide them with special protection in this text through the transposition of two other recent Directives: Directive 2011 /92/EU Parliament and the Council of 13 December 2011 on the fight against terrorism sexual abuse and sexual exploitation of children and child pornography, as well as Directive 2011 /36/EU of the European Parliament and of the Council of 5 April 2011 on the prevention and control of trafficking in human beings and on the the protection of victims and the replacement of Council Framework Decision 2002/629/JHA.

IV

As to the content and structure of the Law, it is initiated by a preliminary Title, dedicated to the general provisions, which comes to establish a concept of a nomnicomrensivo victim, because it extends to every person who suffer physical, moral or economic harm as a result of a crime.

The condition of indirect victim to the spouse or person linked to the victim by an analogous relationship of affectivity, their children and parents, direct relatives and persons in charge of the direct victim by death is also recognized. or disappearance occasioned by the offence, as well as to the holders of the parental authority or guardianship in relation to the enforced disappearance of the persons in charge, when this determines a relevant danger of secondary victimisation.

The rights contained in the Law will apply to all victims of crimes that have occurred in Spain or who may be persecuted in Spain, regardless of the nationality of the victim or whether they enjoy residency or not legal.

Thus, the preliminary title contains a general catalogue of rights common to all victims, which is subsequently developed throughout the article and which refers to both support and justice services. It is a matter of course for the Council to take the necessary steps to ensure that the European Parliament and the Council of the European Parliament and the Council of the European Parliament are able to do so. This general catalogue includes, inter alia, the right to information, protection and support in any event, the right to participate actively in criminal proceedings, the right to recognition as such a victim and the right to a treatment. respectful, professional, individualized and non-discriminatory.

V

Title I recognises a number of non-procedural rights, also common to all victims, irrespective of whether they are a party to a criminal proceedings or have decided or not to exercise any kind of action, and even before the initiation of criminal proceedings.

It is new that every victim, in the interests of making it easier for him to be arrested from a personal point of view, can be accompanied by the person he designates, without prejudice to the intervention of a lawyer where appropriate, in his Proceedings and treatment with the authorities.

This Title regulates the right to obtain information from any authority or official to whom it comes, with simple and accessible language, from the first contact. This information, which should be detailed and successively updated, should guide and report on the rights of the victim on issues such as: support measures available; method of exercising their right to report; and conditions of protection, legal advice and legal protection; compensation, interpretation and translation; measures of effectiveness of their interests if they reside in a different country of the European Union; inactivity of the competent authority; contact details for communications; services available from restorative justice; and the manner of reimbursement of court expenses.

The victim's right as a complainant is specifically regulated and, in particular, his right to obtain a copy of the complaint, duly certified, free language assistance to the victim wishing to file a complaint and free translation of the copy of the complaint filed.

Likewise, regardless of being personified in the criminal proceedings, the victim's right to receive information about certain milestones in the criminal case is recognized.

The right to translation and interpretation is developed, in accordance with European law, in interviews, including police, as well as active participation in hearings, and includes the right to translation. written and free of the essential information, in particular the decision to terminate the cause and the designation of place and time of the trial.

Access to support services is regulated, comprising initial reception, guidance and information and concrete protection measures, without prejudice to specific support for each victim, as advised by their individual assessment. and for certain categories of victims of special vulnerability.

The aim is also to make the children who are in an environment of gender-based violence or domestic violence more visible as victims, in order to guarantee access to care and support services, as well as the adoption of protection measures, with the aim of facilitating their comprehensive recovery.

VI

Title II systematizes the rights of the victim as to their participation in the criminal proceedings, as something independent of the victim's protection measures in the process, which are the subject of Title III.

The victim is recognized as having the right to participate in the process, in accordance with the provisions of the Criminal Procedure Law, and the material effectiveness of the process is reinforced through various measures: on the one hand, the notification of decisions on dismissal and archiving and the recognition of the right to challenge them within a period of sufficient time from the communication, irrespective of whether or not it was previously constituted as part of the the process; on the other hand, the recognition of the right to obtain the payment of the costs which would have been caused to it; with preference to the right of the State to be compensated for the expenses made in the cause, when the offence would have been ultimately pursued only to its instance or the dismissal of the same would have been revoked by the estimation of the resource filed by her.

The state, as it is in any liberal model, retains the absolute monopoly over the execution of the sentences, which is not incompatible with the provision of certain channels of participation to the victim. in the courts certain decisions affecting the enforcement of offences of a particularly serious nature, providing information which may be relevant for the Judges and Courts to settle on the execution of the (i) the adoption of measures by the European Parliament and the Council of the European control in relation to conditional release that would have been condemned for acts of which a hazard situation could reasonably be derived for the victim.

The regulation of victim intervention in the execution phase of the sentence, when it comes to the enforcement of convictions for particularly serious crimes, guarantees the trust and collaboration of victims with justice The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice

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Also, the victim is given the exercise of his rights, allowing the filing of requests for legal aid before the authority or official responsible for informing him of his rights, thus avoiding the The procedure applicable in cases of lodging in Spain of complaint for criminal acts committed in other countries of the European Union, as well as the communication to the victim of his remission, in his Case, to the competent authorities.

The Statute also recognises the right of the victim to obtain the immediate return of the effects of his property, except in the exceptional circumstances in which the effect in question, temporarily or definitively, has to remain in the custody of the authorities to ensure the proper development of the process.

Finally, a reference to the possible performance of restorative justice services is included. At this point, the Statute overcomes traditional references to mediation between victim and offender and underlines the moral inequality that exists between the two. Therefore, the performance of these services is designed to be aimed at the material and moral repair of the victim, and has as a budget the free and informed consent of the victim and the prior recognition of the essential facts by the author. In any event, the possible performance of the restorative justice services shall be excluded where this may entail a risk to the safety of the victim or may be the cause of any other harm.

VII

Title III deals with issues relating to the protection and recognition of victims, as well as specific protection measures for certain types of victims.

Protection measures seek effectiveness against retaliation, intimidation, secondary victimization, psychological harm or aggression to dignity during interrogations and statements as a witness, and include physical protection measures to others, such as the use of separate rooms in the Courts, in order to avoid contact with the offender and any others, under judicial discretion, that will require the circumstances.

In order to avoid secondary victimization in particular, it is a matter of obtaining the victim's declaration without delay following the complaint, reducing the number of medical declarations and acknowledgements to the minimum necessary, and guaranteeing the the victim's right to be accompanied, not only by the procedural representative, but by another person of his choice, unless a reasoned decision is taken.

The adoption of measures and access to certain services are preceded by an individualized assessment of the victim, to determine his specific protection needs and possible special measures. Those measures need to be updated in the course of the process and the circumstances.

Specific protection measures are taken on the basis of the character of the person, the crime and his/her circumstances, the entity of the damage and its severity or the vulnerability of the victim. Thus, together with the references to the current special legislation on the subject, we include those concrete measures of protection for groups that lack special legislation and, in particular, those of minors who are victims of abuse, exploitation and exploitation. child pornography, victims of trafficking in human beings, persons with disabilities and other collectives, such as crimes with a plurality of affected persons and those with a catastrophic effect.

VIII

Title IV, finally, contains a number of common provisions, such as those relating to the organisation and operation of the Office for Assistance to Victims of Crime, the promotion of the training of legal operators and the staff at the service of the Administration of Justice in dealing with victims, raising awareness and awareness through information campaigns, research and education in support, protection and solidarity with victims, cooperation with civil society and at international level, as well as the promotion of self-regulation by the media for the treatment of information affecting the dignity of victims.

In this Title, it is also worth noting that different forecasts are introduced to strengthen the coordination between the various services that perform functions in the field of assistance to victims, as well as the collaboration with public and private networks, along the lines of achieving greater efficiency in the services provided to citizens, in line with the guidelines of the Commission for the Reform of Public Administrations (CORA).

The reimbursement obligation is last regulated in the case of fraudulent victims, convicted of simulation of crime or false reporting, that have caused expenses to the Administration for their recognition, information, protection and support, as well as for the services provided, without prejudice to other responsibilities, civil or criminal, as appropriate.

IX

The Act incorporates two additional provisions. The first provision, which provides for the creation and further development of a mechanism for the overall periodic evaluation of the system of support and protection for victims, with the participation of the actors and collectives involved, which serve as a basis for future initiatives and the gradual improvement of the initiative; and the second provision for the media.

As for the final provisions, the final provision, which amends the current Criminal Procedure Law, stands out. These adjustments to the criminal procedural law are necessary to supplement the substantive regulation of rights contained in this Law, which transposes Directive 2012 /29/EU.

The rest of the final provisions refer to the introduction of a very timely reform of the Criminal Code, to the title of competence, to the regulatory development, to the adaptation of the General Statutes of the Law and Attorney General's Office and the entry into force.

PRELIMINARY TITLE

General provisions

Article 1. Scope.

The provisions of this Law shall apply, without prejudice to the provisions of Article 17, to victims of crimes committed in Spain or who may be persecuted in Spain, regardless of their nationality, if they are older or younger or whether they enjoy legal residence or not.

Article 2. Subjective scope. General concept of victim.

The provisions of this Law will apply:

(a) As a direct victim, any natural person who has suffered damage or injury to his or her own person or property, in particular physical or mental injury, emotional or economic injury directly caused by the commission of a crime.

(b) As an indirect victim, in the case of the death or disappearance of a person who has been directly caused by a crime, except in the case of those responsible for the facts:

1. To your spouse not legally separated or in fact and to the children of the victim or spouse not legally separated or in fact that at the time of death or disappearance of the victim they lived with them; to the person who until the moment of death or disappearance would have been attached to it by an analogous relationship of affectivity and to the children of it that at the time of the death or disappearance of the victim they lived with it; to their parents and relatives online a right or collateral within the third degree to be found under his or her guardian and to persons subject to his or her tutelage or curatela or that they will be found under their family reception.

2. In the absence of the above, the other relatives in a straight line and their siblings, with preference, among them, of the one who will have the legal representation of the victim.

The provisions of this Act shall not apply to third parties who have suffered damages arising from the offence.

Article 3. Rights of victims.

1. Every victim has the right to protection, information, support, assistance and care, as well as to active participation in the criminal proceedings and to receive respectful, professional, individualized and non-discriminatory treatment from his first contact with the authorities or officials, during the performance of the services of assistance and support to the victims and of restorative justice, throughout the criminal proceedings and for an appropriate period of time after their conclusion, irrespective of the identity of the offender and the outcome of the process is known or not.

2. The exercise of these rights shall be governed by the provisions of this Law and the regulatory provisions which develop it, as well as by the provisions of the special legislation and the procedural rules applicable to it.

TITLE I

Basic Rights

Article 4. Right to understand and be understood.

Every victim has the right to understand and be understood in any action that must be carried out from the interposition of a complaint and during the criminal proceedings, including information prior to the interposition of a complaint. denunciation.

To this end:

(a) All communications with victims, oral or written, shall be made in clear, simple and accessible language, in a way that takes into account their personal characteristics and, in particular, the needs of persons with sensory, intellectual or mental disability or their age minority. If the victim is minor or has the ability to be judicially modified, the communications will be made to your representative or to the person who attends you.

(b) The victim shall be provided, from his first contact with the authorities or with the Victim Assistance Offices, with the assistance or support necessary to enable him to understand them, including the interpretation in the languages of legally recognised signs and means of support for the oral communication of deaf, hearing and deaf people.

(c) The victim may be accompanied by a person of his/her choice from the first contact with the authorities and officials.

Article 5. Right to information from first contact with the competent authorities.

1. Every victim is entitled, from the first contact with the authorities and officials, including the moment prior to the filing of the complaint, to receive, without unnecessary delays, information adapted to their circumstances and conditions personal and to the nature of the offence committed and the damages suffered, on the following ends:

a) Assistance and support measures available, whether medical, psychological or material, and procedure to obtain them. The latter shall include, where appropriate, information on the possibilities of obtaining alternative accommodation.

(b) the right to report and, where appropriate, the procedure for filing the complaint and the right to provide evidence to the investigating authorities.

(c) Procedure for obtaining legal advice and defence and, where appropriate, conditions under which it can be obtained free of charge.

d) Possibility of requesting protection measures and, where appropriate, the procedure to do so.

e) Indemnities to which you may be entitled and, where applicable, the procedure for claiming them.

f) Available interpretation and translation services.

g) Aid and ancillary services for communication available.

(h) Procedure by means of which the victim can exercise his rights in the event that he resides outside Spain.

i) Resources that you can file against resolutions that you consider to be contrary to your rights.

j) Contact details of the authority responsible for processing the procedure and channels to communicate with it.

k) restorative justice services available, in cases where it is legally possible.

(l) Subpositions in which you can obtain reimbursement of court costs and, where appropriate, the procedure for claiming it.

m) the right to make an application to be notified of the decisions referred to in Article 7. For these purposes, the victim shall designate an e-mail address and, failing that, a postal address or address, to which communications and notifications shall be sent by the authority.

2. This information will be updated at each stage of the procedure to ensure that the victim is able to exercise their rights.

Article 6. Rights of the victim as a complainant.

Every victim has, at the time of filing, the following rights:

a) To obtain a copy of the complaint, duly certified.

(b) To the free language assistance and written translation of the copy of the complaint lodged, where I do not understand or speak of any of the languages which are official in the place where the complaint is lodged.

Article 7. Right to receive information about the criminal case.

1. Any victim who has made the application referred to in Article 5.1 (m) shall be informed without undue delay of the date, time and place of the trial, as well as of the content of the charge against the infringer, and shall be given Notify the following resolutions:

(a) The resolution agreeing not to initiate criminal proceedings.

b) The statement ending the procedure.

(c) Resolutions that agree to the prison or subsequent release of the offender, as well as the possible escape of the offender.

(d) Resolutions that agree to the adoption of personal protective measures or to amend those already agreed, where they would have been intended to ensure the safety of the victim.

(e) Resolutions or decisions of any judicial or penitentiary authority affecting subjects convicted of crimes committed with violence or intimidation and which pose a risk to the safety of the victim. In such cases and for these purposes, the prison administration shall immediately inform the judicial authority of the decision taken to notify the victim concerned.

(f) The resolutions referred to in Article 13.

These communications will include at least the operative part of the resolution and a brief summary of the resolution's foundation, and will be sent to your email address. Exceptionally, if the victim does not have an e-mail address, they shall be sent by ordinary mail to the address which he/she would have provided. In the case of citizens resident outside the European Union, if an e-mail or postal address is not available, it shall be sent to the Spanish diplomatic or consular post in the country of residence for to publish it.

If the victim has been formally personified in the proceedings, the resolutions will be notified to his/her attorney and will be communicated to the victim in the e-mail address that he has provided, without prejudice to the provided in the following section.

2. Victims may at any time express their wish not to be informed of the resolutions referred to in this Article, with the application made without effect.

3. In the case of victims of gender-based violence, the decisions referred to in points (c) and (d) of paragraph 1 shall be notified to them, without the victim being required to do so, except in cases where they manifest their Desire not to receive such notifications.

4. It shall also be provided, upon request, with information relating to the situation in which the procedure is found, unless this could prejudice the proper development of the cause.

Article 8. Period of reflection on the guarantee of the rights of the victim.

1. Lawyers and Attorneys shall not be able to address direct or indirect victims of disasters, public calamities or other events which have resulted in a high number of victims meeting the requirements to be determined by law. and which may constitute a crime, to offer their professional services up to 45 days after the event.

This prohibition will be without effect in the event that the provision of these professional services has been expressly requested by the victim.

2. Failure to comply with this prohibition shall give rise to disciplinary liability for a very serious infringement, without prejudice to any other responsibilities.

Article 9. Right to translation and interpretation.

1. Any victim who does not speak or does not understand the Spanish or the official language used in the action in question shall be entitled to:

(a) To be assisted free of charge by an interpreter who speaks a language which he understands when he is received a statement in the investigation phase by the Judge, the Prosecutor or police officers, or when he intervenes as a witness in the judgment or any other oral hearing.

This right will also apply to people with hearing or oral expression limitations.

(b) The free translation of the resolutions referred to in Article 7 (1) and Article 12. The translation shall include a brief summary of the basis of the decision taken, where the victim has requested it.

(c) Free translation of that information which is essential for the exercise of the rights referred to in Title II. Victims may submit a reasoned request for a document to be considered essential.

d) To be informed, in a language that understands, of the date, time and place of the trial.

2. Interpreter assistance may be provided by means of a video conference or any means of telecommunication, unless the Judge or Court, on its own initiative or at the request of a party, agrees to the physical presence of the interpreter in order to safeguard the rights of the the victim.

3. Exceptionally, the written translation of documents may be replaced by an oral summary of their content in a language that they understand, when in this way the fairness of the process is also sufficiently guaranteed.

4. In the case of police action, the decision not to provide interpretation or translation to the victim may be appealed to the Judge. This appeal shall be understood to be brought when the person concerned by the decision has expressed disagreement at the time of the refusal.

5. The judicial decision not to provide interpretation or translation to the victim may be appealed on appeal.

Article 10. Right of access to assistance and support services.

Every victim has the right to access, free and confidential, in the terms that are regulated, to the assistance and support services provided by the public administrations, as well as to those who provide the Assistance Offices to the Victims. This right may be extended to the family of the victim, in terms also established in a regulated manner, in the case of offences which have caused serious damage.

Authorities or officials who come into contact with the victims should refer them to the Victim Assistance Offices when it is necessary to pay attention to the seriousness of the crime or in those cases in which the victims victim so request.

Children and minors subject to guardianship, custody and custody of women victims of gender-based violence or victims of domestic violence shall be entitled to the assistance and protection measures provided for in the Titles I and III of this Act.

TITLE II

Participation of the victim in criminal proceedings

Article 11. Active participation in criminal proceedings.

Every victim is entitled:

(a) To exercise criminal action and civil action in accordance with the provisions of the Criminal Procedure Act, without prejudice to any exceptions that may exist.

b) To appear before the authorities in charge of the investigation to provide them with the sources of evidence and the information that it considers relevant for the clarification of the facts.

Article 12. Communication and review of the dismissal of the investigation at the victim's request.

1. The resolution of dismissal shall be communicated, in accordance with the provisions of the Law on Criminal Procedure, to the direct victims of the crime who have denounced the acts, as well as to the other direct victims of whose identity and Address was known to you.

In the cases of death or disappearance of a person who has been directly caused by a crime, the persons referred to in paragraph (b) of the Criminal Procedure shall be notified, in accordance with the provisions of the Law on Criminal Procedure. Article 2. In these cases, the Judge or Court may, in a reasoned manner, agree to dispense with the communication to all family members where it has already been successfully addressed to several of them, or where they have been unsuccessful in their efforts. have been practiced for localization.

2. The victim may have recourse to the resolution of dismissal in accordance with the provisions of the Criminal Procedure Law, without it being necessary for this to have been previously personified in the proceedings.

Article 13. Victim participation in the execution.

1. Victims who have applied for, in accordance with point (m) of Article 5.1, who are notified of the following resolutions, may use them in accordance with the provisions of the Criminal Procedure Act, even if they have not been shown part in the cause:

(a) The order by which the Judge of Penitentiary Surveillance authorizes, as provided for in the third paragraph of Article 36.2 of the Penal Code, the possible classification of the penalty in the third degree before the half of the penalty is extinguished of the conviction, when the victim is outside any of the following offences:

1. Crime of homicide.

2. No. Article 144 of the Criminal Code.

3. No. Injury Crimes.

4. Crimes against freedom.

5. Crimes of torture and moral integrity.

6. Crimes against sexual freedom and compensation.

7. Crime of theft committed with violence or intimidation.

8. Terrorism Crimes.

9. Human Trafficking Crimes.

(b) The order by which the Judge of Penitentiary Surveillance agrees, in accordance with the provisions of Article 78.3 of the Penal Code, that the prison benefits, the exit permits, the third-degree classification and the calculation of time for parole refer to the limit of compliance with the sentence, and not to the sum of the penalties imposed, where the victim is of any of the offences referred to in point (a) of this paragraph or of a crime committed in the breast of a criminal group or organization.

(c) The order in which the penalty is granted for probation, in the case of any of the offences referred to in the second paragraph of Article 36.2 of the Criminal Code or any of the offences referred to in point (a) of this paragraph, provided that a penalty of more than five years imprisonment had been imposed.

The victim must announce to the competent judicial secretary his will to appeal within the maximum period of five days from the moment he has been notified in accordance with the provisions of the second and second subparagraphs. third of Article 7.1, and bring the action within a period of 15 days from that notification.

For the announcement of the filing of the appeal counsel assistance will not be required.

2. Victims will also be legitimized for:

(a) Interest in the imposition of the conditional release of the measures or rules of conduct provided for by the law which they deem necessary to ensure their safety, when the latter has been convicted of acts of which he may Reasonably result in a hazard situation for the victim;

b) To provide the Judge or Court with any information that is relevant to resolving the execution of the penalty imposed, the civil liability arising from the offence or the comiso that would have been agreed.

3. Before the Judge of Penitentiary Surveillance has to make any of the decisions referred to in paragraph 1 of this article, he shall transfer the victim so that within five days he may make his claims, provided that the the application referred to in point (m) of Article 5 (1) of this Law has been made.

Article 14. Reimbursement of expenses.

The victim who has participated in the proceedings shall be entitled to obtain reimbursement of the costs necessary for the exercise of his rights and the procedural costs which have been caused to him in preference to the payment of the costs. expenditure which would have been incurred by the State, where the judgment is imposed in order to condemn its payment and the defendant, at the request of the victim, had been convicted of offences for which the Prosecutor's Office had not made an accusation or after having been revoked the file resolution per resource brought by the victim.

Article 15. Restorative justice services.

1. Victims will be able to access restorative justice services, in the terms that are regulated, in order to obtain adequate material and moral reparation for the damages resulting from the crime, when the Following requirements:

(a) the infringer has acknowledged the essential facts from which it derives its responsibility;

(b) the victim has given his consent, after having received comprehensive and impartial information about its content, its possible results and the existing procedures for making its compliance effective;

(c) the offender has given his consent;

(d) the mediation procedure does not pose a risk to the safety of the victim, nor is there any danger that its development may cause further material or moral harm to the victim; and

e) is not prohibited by law for the offense committed.

2. Discussions within the mediation procedure shall be confidential and shall not be disseminated without the consent of both parties. Mediators and other professionals involved in the mediation procedure shall be subject to professional secrecy in relation to the facts and manifestations of which they have become aware in the exercise of their function.

3. The victim and the offender may revoke their consent to participate in the mediation procedure at any time.

Article 16. Free justice.

Victims may submit their applications for recognition of the right to free legal assistance to the official or authority providing them with the information referred to in Article 5.1 (c), which the move, together with the documentation provided, to the corresponding Bar Association.

The application may also be filed with the Victim Assistance Offices of the Administration of Justice, which shall forward it to the appropriate Bar Association.

Article 17. Victims of crimes committed in other Member States of the European Union.

Victims resident in Spain may submit to the Spanish authorities complaints relating to criminal acts committed in the territory of other countries of the European Union.

In the event that the Spanish authorities resolve not to take the investigation for lack of jurisdiction, they shall immediately forward the complaint to the competent authorities of the State in whose territory they were committed the facts and shall inform the complainant of the procedure which he has appointed in accordance with the provisions of Article 5.1 (m) of this Law.

Article 18. Return of goods.

The victims shall be entitled to obtain, in accordance with the provisions of the Criminal Procedure Act, the return without delay of the goods returned from their property that would have been seized in the process.

The return may be refused when the preservation of the effects by the authority is essential for the correct development of the criminal proceedings and not enough with the imposition on the owner of an obligation of conservation of the effects at the disposal of the Judge or Court.

Likewise, the return of such effects may be refused, as provided for in the legislation that is applicable, when its conservation is necessary in a technical investigation procedure of an accident.

TITLE III

Protecting victims

Article 19. The right of victims to protection.

The authorities and officials responsible for the investigation, prosecution and prosecution of the crimes shall take the necessary measures, in accordance with the provisions of the Law on Criminal Procedure, to guarantee the life of the victim and his/her family members, their physical and mental integrity, freedom, security, freedom and sexual indemnity, as well as to adequately protect their privacy and dignity, particularly when they are received a declaration or are required to testify in judgment, and to avoid the risk of secondary or repeated victimisation.

In the case of underage victims, the Office of the Prosecutor's Office will particularly ensure compliance with this right of protection, taking appropriate measures to their best interests when necessary to prevent or reduce the number of victims. damages that they can derive from the development of the process.

Article 20. The right to avoid contact between victim and offender.

The dependencies on which the acts of the criminal procedure will be developed, including the investigation phase, will be arranged in such a way as to avoid direct contact between the victims and their families, on the one hand, and the suspect of the offence or accused, of another, under the Criminal Prosecution Act and without prejudice to the provisions of the following articles.

Article 21. Protection of the victim during criminal investigation.

Authorities and officials in charge of criminal investigation shall ensure that, in so far as this does not prejudice the effectiveness of the process:

(a) A declaration is received to the victims, where necessary, without undue delay.

(b) A statement is received to the victims as many times as possible, and only when it is strictly necessary for the purposes of the criminal investigation.

(c) The victims may be accompanied, in addition to by their procedural representative and, where appropriate, the legal representative, by a person of their choice, during the practice of those proceedings in which they are required to intervene, unless It shall be the case of the official or the authority responsible for the practice of the diligence to ensure the correct development of the same.

(d) The medical examinations of the victims are only carried out when they are essential for the purposes of the criminal proceedings, and the number of them is reduced to a minimum.

Article 22. Right to the protection of privacy.

Judges, Courts, Prosecutors and other authorities and officials responsible for criminal investigation, as well as all those who in any way intervene or participate in the proceedings, shall adopt, in accordance with the provisions of the in the Law, the measures necessary to protect the privacy of all victims and their families and, in particular, to prevent the dissemination of any information that could facilitate the identification of victims of minors or victims with disabilities in need of special protection.

Article 23. Individual assessment of victims in order to determine their special protection needs.

1. The determination of which protective measures, which are regulated in the following Articles, should be taken to avoid the relevant loss of material which otherwise could derive from the process, will be carried out after an assessment of the particular circumstances.

2. This assessment will take particular account of:

a) The personal characteristics of the victim and in particular:

1. º If this is a person with a disability or if there is a dependency relationship between the victim and the alleged perpetrator of the crime.

2. "2." If these are minor victims or victims in need of special protection or in which factors of particular vulnerability are present.

(b) The nature of the crime and the seriousness of the damage caused to the victim, as well as the risk of repetition of the crime. For these purposes, the protection needs of victims of the following offences shall be particularly valued:

1. Terrorism Crimes.

2. Crimes committed by a criminal organization.

3. Crimes committed on the spouse or on a person who is or has been linked to the author by an analogous relationship of affectivity, even without coexistence, or about the descendants, ascendants or brothers by nature, adoption or affinity, own or spouse or living.

4. Crimes against freedom or sexual indemnity.

5. Human Trafficking Crimes.

6. Forced disappearance crimes.

7. Crimes committed for racist, anti-Semitic or other reasons relating to ideology, religion or belief, family situation, membership of an ethnic, race or nation, national origin, sex, orientation or sexual identity, disease or disability.

c) The circumstances of the crime, in particular if it is violent crime.

3. Throughout the criminal proceedings, the adoption of protective measures for underage victims will take into account their personal situation, immediate needs, age, gender, disability and level of maturity, and fully respect their physical integrity, mental and moral.

4. In the case of minors who are victims of a crime against sexual freedom or compensation, the measures set out in Article 25.1 (a), (b) and (c) shall apply in any event.

Article 24. Competence and assessment procedure.

1. The assessment of the needs of the victim and the determination of the protection measures are:

(a) During the investigation phase of the crime, the Judge of Instruction or the Violence on Women, without prejudice to the provisional assessment and resolution to be carried out and to be adopted by the Prosecutor, in his investigation or in the procedures under the Organic Law on the Criminal Responsibility of Minors, or police officers acting in the initial phase of investigations.

b) During the prosecution phase, the Judge or Court to which the knowledge of the cause corresponded.

The resolution to be adopted should be motivated and reflect the circumstances that have been assessed for adoption.

The processing, documentary evidence and management of the valuation and its modifications shall be determined.

2. The assessment of the protection needs of the victim shall always include those which have been expressed by her for that purpose, as well as the will which she would have expressed.

The victim may waive protective measures that would have been agreed in accordance with Articles 25 and 26.

3. In the case of victims who are minors or persons with disabilities in need of special protection, their assessment shall take into account their views and interests.

4. Victim assistance services may only provide third parties with information that they have received from the victim with the prior and informed consent of the victim. Outside such cases, the information may only be transferred, where appropriate, and with a reserved character, to the authority adopting the protection measure.

5. Any relevant changes to the circumstances in which the individual assessment of the protection needs of the victim would have been based will determine an update of the victim's protection and, where appropriate, the modification of the protective measures. which would have been agreed.

Article 25. Protective measures.

1. During the investigation phase, the following measures may be adopted for the protection of victims:

(a) That they are given a declaration in dependencies specially designed or adapted for that purpose.

(b) To be received a statement by professionals who have received special training to reduce or limit the victim's injury, or with their help.

(c) that all statements made to the same victim are made by the same person, except that this may adversely affect the development of the process or the declaration must be taken directly by a Judge or a Prosecutor.

(d) The taking of a declaration, in the case of any of the victims referred to in Article 23 (2) (b) and (4), and the victims of trafficking for the purposes of sexual exploitation, shall be carried out by a person of the same sex as the victim at the request of the victim, unless it is likely to adversely affect the development of the process or the declaration must be made directly by a Judge or Prosecutor.

2. During the prosecution phase, the following measures for the protection of victims may be adopted in accordance with the provisions of the Law on Criminal Procedure:

(a) Measures to avoid eye contact between the victim and the alleged perpetrator of the facts, including during the practice of the test, for which communication technologies may be used.

(b) Measures to ensure that the victim can be heard without being present in the view room, through the use of appropriate communication technologies.

(c) Measures to prevent questions relating to the private life of the victim not being relevant to the criminal act, unless the Judge or the Court of Justice considers exceptionally that they must be answered to properly assess the facts or credibility of the victim's statement.

d) Celebration of the oral hearing without a public presence. In such cases, the Judge or the President of the Court may, however, authorise the presence of persons who are of particular interest in the case.

The measures referred to in points (a) and (c) may also be adopted during the investigation phase.

3. It may also be agreed, for the protection of victims, for the adoption of some or some of the protective measures referred to in Article 2 of the Organic Law 19/1994 of 23 December of protection of witnesses and experts in criminal causes.

Article 26. Protection measures for minors and persons with disabilities in need of special protection.

1. In the case of minor victims and victims with disabilities in need of special protection, in addition to the measures provided for in the previous Article, they shall be adopted in accordance with the provisions of the Criminal Procedure Act, the measures which are necessary to prevent or limit, as far as possible, the development of the investigation or the conclusion of the trial as a new source of injury to the victim of the offence. In particular, the following shall apply:

(a) Statements received during the investigation phase shall be recorded by audiovisual media and may be reproduced in the trial in the cases and conditions determined by the Criminal Procedure Act.

b) The declaration may be received by experts.

2. The Prosecutor shall seek the appointment of a judicial defender of the victim from the Judge or Tribunal, in order to represent it in the investigation and in the criminal proceedings, in the following cases:

(a) When it is valued that the legal representatives of the minor victim or with a judicially modified capacity have a conflict of interest with it, whether or not derived from the fact under investigation, which does not allow to be relied upon adequate management of their interests in the investigation or in criminal proceedings.

(b) Where the conflict of interest referred to in point (a) of this paragraph exists with one parent and the other is not in a position to properly exercise its functions of representation and assistance of the minor victim or with judicially modified capacity.

(c) Where the victim of age or with a judicially modified capacity is not accompanied or is separated from those who exercise parental authority or tutelage.

3. Where there are doubts about the age of the victim and cannot be determined with certainty, it shall be presumed that this is a minor person, for the purposes of the provisions of this Law.

TITLE IV

Common Provisions

CHAPTER I

Victim Assistance Offices

Article 27. Organization of the Victims Assistance Offices.

1. The Government and the Autonomous Communities which have assumed powers in the field of Justice shall organize, in the field of their own, the Office of Assistance to Victims.

2. The Ministry of Justice or the Autonomous Communities may conclude partnerships with public and private entities, without profit, to provide the assistance and support services referred to in this Title.

Article 28. Functions of the Victim Assistance Offices.

1. The Victim Assistance Offices shall provide assistance which shall include at least:

(a) General information on their rights and, in particular, on the possibility of access to a public compensation system.

(b) Information on the specialised services available which may assist the victim, in the light of his/her personal circumstances and the nature of the offence which may have been the subject of the offence.

c) Emotional support for the victim.

d) Advice on economic rights related to the process, in particular the procedure for claiming compensation for damages suffered and the right to access free justice.

e) Advice on risk and how to prevent secondary or repeated victimisation, or intimidation or retaliation.

f) Coordination of the various bodies, institutions and entities competent to provide support services to the victim.

g) Coordination with Judges, Courts and Fiscal Ministry for the provision of victim support services.

2. The Victim Assistance Offices shall carry out an assessment of their particular circumstances, in particular with regard to the circumstances referred to in Article 23 (2), in order to determine which measures are to be taken. assistance and support should be provided to the victim, including:

a) The provision of support or psychological assistance.

b) The accompaniment to judgment.

c) Information about available psychosocial and care resources and, if requested, referral to them.

(d) Special support measures that may be necessary in the case of a victim with special protection needs.

e) The referral to specialized support services.

3. Access to victim support services shall not be subject to the prior submission of a complaint.

4. The victim's family members may access the victim support services in accordance with what is provided for in a regulation, in the case of offences which have caused serious damage.

5. Victims with disabilities or special needs for protection, as well as their families, will receive, directly or through their referral to specialized services, the necessary assistance and support.

Article 29. Functions of support for restorative justice and non-procedural solutions.

The Victim Assistance Offices shall provide, on the terms that are regulated by law, support for restorative justice services and other non-procedural settlement procedures that are legally established.

CHAPTER II

Training

Article 30. Training in the principles of victim protection.

1. The Ministry of Justice, the General Council of the Judicial Branch, the Office of the Prosecutor General of the State and the Autonomous Communities, within the scope of their respective powers, shall ensure a general and specific training concerning the protection of the victims in the criminal proceedings, in the training courses of Judges and Magistrates, Prosecutors, Judicial Secretaries, Forces and Security Corps, medical examiners, staff at the service of the Administration of Justice, staff of the Offices of Assistance to the Victims and, where appropriate, officials of the General Administration of the State or of the Autonomous Communities performing functions in this field.

In these training courses, particular attention will be paid to victims in need of special protection, to those in which special vulnerability factors are present and to victims who are minors or disabled.

2. The Lawyers 'and Attorneys' Colleges will encourage the formation and awareness of their collegians in the principles of protection of the victims contained in this Law.

Article 31. Performance protocols.

The Government and the Autonomous Communities within the framework of their powers, in order to make the protection of the victims and their rights recognized by this Law more effective, will approve the Protocols necessary to the protection of victims.

Also, the professional associations that integrate those who, in their professional activity, relate and provide services to the victims of crimes, will also promote the elaboration of Protocols of action that guide their activity towards the protection of victims.

CHAPTER III

Cooperation and good practices

Article 32. Cooperation with professionals and assessment of care for victims.

Public authorities will foster cooperation with professional collectives specializing in the treatment, care and protection of victims.

The participation of these collectives in the systems of assessment of the functioning of the standards, measures and other instruments to be adopted for the protection and assistance of victims shall be encouraged.

Article 33. International cooperation.

Public authorities shall promote cooperation with other States and in particular with the Member States of the European Union on the rights of victims of crime, in particular through the exchange of experience, (a) the promotion of information, the provision of information to facilitate the assistance to victims by the authorities of their place of residence, awareness, research and education, cooperation with civil society, assistance to networks on the right of victims and other related activities.

Article 34. Awareness.

The public authorities will promote social awareness campaigns in favor of victims, as well as the self-regulation of the social media of public and private ownership in order to preserve the privacy, the dignity and the other rights of the victims. These rights must be respected by the social media.

CHAPTER IV

Reimbursement obligation

Article 35. Obligation to refund.

1. The person who has benefited from grants or aid received on account of his status as a victim and who has been subject to any of the protection measures covered by this Law shall be obliged to reimburse the amounts received in that respect. the concept and the payment of the expenses incurred by the Administration for its actions of recognition, information, protection and support, as well as for the services provided with an increase in the legal interest of the money increased by fifty percent one hundred, if convicted of false reporting or simulation of crime.

2. The settlement procedure of the previous repayment obligation and the determination of the amounts that may correspond to each concept shall be determined by regulation.

3. This provision shall apply without prejudice to the provisions of the Free Legal Assistance Act.

Additional disposition first. Regular evaluation of the system of care for crime victims in Spain.

The functioning of the institutions, mechanisms and guarantees of assistance to victims of crime will be the subject of an annual evaluation, which will be carried out by the Ministry of Justice in accordance with the procedure to be determined. regulentarily.

These evaluations, the results of which will be published on the website, will guide the improvement of the protection system and the adoption of new measures to ensure their effectiveness.

The Government will submit an annual report to the Cortes with the evaluation and proposals for improvement of the system for the protection of victims and measures to ensure their effectiveness.

Additional provision second. Media.

The measures included in this Law may not result in an increase in staff, remuneration or other personnel costs.

Single transient arrangement. Temporary application.

The provisions contained in this Law will apply to victims of crime as of the date of their entry into force, without this being a retrofit of the formalities that would have already been completed.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed as soon as they contradict the provisions of this Law.

Final disposition first. Amendment of the Law on Criminal Procedure for the purposes of transposition of some of the provisions of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 laying down minimum standards on the rights, support and protection of victims of crime.

The Criminal Procedure Act is amended as follows:

One. Article 109 is amended as follows:

" Article 109.

In the act of receiving a statement from the Judge to the offended person who has the necessary legal capacity, the Registrar will instruct him of the right to show him a part in the process and to resign or not to the restitution. of the thing, reparation of the damage and compensation of the damage caused by the punishable fact. It will also inform you of the rights contained in the legislation in force, and may delegate this role to personnel specialized in victim assistance.

If you are less or have the ability to be judicially modified, you will be equally diligent with your legal representative or the person who assists you.

Outside of the cases provided for in the previous two paragraphs, it will not be for the interested parties in civil or criminal actions to notify any that prolong or stop the course of the cause, which does not prevent the Secretary Seek to instruct the right to the absent offended.

In any case, in the case of proceedings for offences falling under Article 57 of the Criminal Code, the Registrar shall ensure that the victim is notified of any procedural acts which may affect his or her safety. "

Two. A new Article 109a is inserted, with the following wording:

" Article 109a.

1. Victims of crime who have not renounced their right may exercise criminal action at any time prior to the qualification of the offence, although this will not allow them to roll back or reiterate the actions already taken before their personation.

In the case of death or disappearance of the victim as a result of the crime, the criminal action may be exercised by his or her spouse not legally separated or in fact and by the children of this or the spouse not legally separated or in fact at the time of the death or disappearance of the victim they lived with them; for the person who until the moment of death or disappearance had been united to her by an analogous relationship of affectivity and by the children of it that in the the moment of death or disappearance of the victim convivieran with her; by her parents and relatives in a straight line or collateral within the third degree to be found under your guardian, persons subject to your guardianship or curatela or who are under your family welcome.

If the above does not exist, it may be exercised by the other relatives in a straight line and by their brothers, preferably, among them, from which they will have the legal representation of the victim.

2. The exercise of criminal action by one of the persons entitled under this article does not prevent their subsequent exercise by any other of the legitimate persons. Where there is a plurality of victims, they may all be independently personable with their own representation. However, in such cases, where the good order of the proceedings or the right to a process without undue delay may be affected, the Judge or the Court, in a reasoned decision and after hearing all the parties, may impose that they be grouped together in one or more representations and which are directed by the same or various defenses, due to their respective interests.

3. The criminal action may also be exercised by the victims ' associations and by the legal persons to whom the law recognizes legitimization to defend the rights of the victims, provided that this is authorized by the victim of the crime.

When the offence or the offence committed is intended to prevent or hinder the members of the local authorities from exercising their public functions, the local authority may also be personified in the case. the territory has been committed punishable. "

Three. Article 110 is amended as follows:

" Article 110.

Those who are harmed by a crime or who have not given up their right will be able to show part in the case if they do so before the qualification procedure and exercise the civil actions that proceed, according to the (i) agreed, without any further steps being taken in the course of action.

Even if the injured do not show part in the cause, they do not understand that they renounce the right of restitution, reparation or compensation that in their favor can be agreed upon in a firm sentence, the waiver of this right is made in a clear and terminant manner. "

Four. Article 261 is amended, which is worded as follows:

" Article 261.

They will not be required to report:

1. The spouse of the offender not legally separated or in fact or the person living with him in the same relationship of affectivity.

2. º The ancestors and descendants of the offender and their collateral relatives up to and including the second degree. "

Five. Article 281 is amended and read as follows:

" Article 281.

Exempt from complying with the provisions of the previous article:

1. The offended and their heirs or legal representatives.

2. In the offences of murder or murder, the spouse of the deceased or person linked to him by an analogous relationship of affectivity, the ascendants and descendants and their collateral relatives to the second degree inclusive, the heirs of the victim and the parents, mothers and children of the offender.

3. The victims ' associations and the legal persons to whom the law recognizes legitimization in order to defend the rights of the victims provided that the exercise of the criminal action has been expressly authorized by the law itself. victim.

The bail waiver is not applicable to foreigners if it does not correspond to them under international treaties or the principle of reciprocity. "

Six. The first paragraph of Article 282 is amended, which is read as follows:

" The Judicial Police have as their object and will be the obligation of all those who compose it, to find out the public crimes committed in their territory or demarcation; to practice, according to their powers, the necessary measures to check them and to discover the criminals, and to collect all the effects, instruments or evidence of the crime of whose disappearance there is danger, making them available to the judicial authority. When victims come into contact with the Judicial Police, they will comply with the information duties provided for in the legislation in force. They shall also carry out an assessment of the particular circumstances of the victims in order to determine provisionally which protective measures should be taken to ensure adequate protection, without prejudice to the final decision shall be taken by the Judge or Court. '

Seven. Article 284 is amended, which is worded as follows:

" Article 284.

Immediately that Judicial Police officers have knowledge of a public offence or are required to prevent the instruction of prosecution on the grounds of any private crime, they will participate in the authority The Court of Justice or the representative of the Prosecutor's Office, if they are able to do so without ceasing in the practice of the measures of prevention. In another case, they will do so that they will have finished them.

If they have collected weapons, instruments or effects of any kind that may be related to the crime and are found in the place where the crime was committed or in their immediate vicinity, or in the possession of the inmate or otherwise known, Express diligence of the place, time and occasion in which they will be found, which will include a thorough description so that they can be formed a full idea of the same and the circumstances of their finding, which can be replaced by a reportage graph. The diligence shall be signed by the person in whose power they are found.

The seizure of effects that may belong to a victim of the crime will be communicated to it.

The person affected by the seizure may at any time use the measure before the Judge of Instruction in accordance with the third paragraph of Article 334. "

Eight. Article 301 is amended as follows:

" Article 301.

The proceedings of the summary shall be reserved and shall not have a public character until the oral judgment is opened, with the exceptions determined in this Law.

The lawyer or prosecutor of either party who will improperly disclose the contents of the summary will be corrected with a fine of 500 to 10,000 euros.

In the same fine any other person who is not a public official will commit the same fault.

The public officer, in the case of the preceding paragraphs, shall incur the responsibility that the Criminal Code points to in its respective place. "

Nine. A new Article 301a is inserted, with the following wording:

" Article 30a.

The Judge may, on his own initiative or at the request of the Prosecutor's Office or the victim, agree to the adoption of any of the measures referred to in Article 681 (2) where it is necessary to protect the privacy of the victim or respect due to the same or his family. "

Ten. Two new third and fourth paragraphs are inserted into Article 334, with the following wording:

" The person affected by the seizure may at any time use the measure before the Judge of Instruction. This appeal shall not require the intervention of a lawyer when it is lodged by a third party. The action shall be taken when the person concerned by the measure or a family member of his or her oldest member has expressed disagreement at the time of the action.

The effects that belong to the victim of the crime shall be immediately returned to the crime, except that exceptionally they should be preserved as a means of proof or for the practice of other measures, and without prejudice to their return as soon as possible. The effects shall also be restored immediately if they are to be preserved as a means of proof or for the practice of other measures, but their conservation may be ensured by imposing on the owner the duty to keep them at the disposal of the Judge or Court. The victim may, in any case, make use of this decision in accordance with the provisions of the preceding paragraph. '

Once. Article 433 is amended as follows:

" Article 433.

By filing to testify, witnesses will give the secretary the copy of the subpoena card.

The elderly witnesses of criminal age shall be sworn in or promise to say all that they know about what they have asked them, being the Judge obliged to inform them, in a clear and comprehensible language, of the obligation that they have to be truthful and the possibility of incurring a crime of false testimony in criminal cause.

Witnesses who, in accordance with the provisions of the Statute of the Victim of Crime, have the status of victims of crime, may be accompanied by their legal representative and by a person of their choice during the practice of these measures, unless in the latter case, in the case of the case, the contrary is resolved by the Judge of Instruction to ensure the correct development of the same.

In the case of minor witnesses or persons with the judicial capacity modified, the Judge of Instruction may agree, when in view of the lack of maturity of the victim it is necessary to avoid causing them (a) serious damage, which is to be made a declaration by means of expert intervention and with the intervention of the Prosecutor's Office. For this purpose, it may also be agreed that the questions will be transferred to the victim directly by the experts or, even, exclude or limit the presence of the parties at the site of the victim's exploration. In such cases, the Judge shall provide the parties with the opportunity to provide the parties with the opportunity to ask questions or to request clarification from the victim, provided that this is possible.

The Judge will order the recording of the statement by audiovisual media. "

Twelve. Article 448 is amended, which is worded as follows:

" Article 448.

If the witness, in making the prevention referred to in Article 446, manifest the impossibility of attending for being absent from the national territory, and also in the case where there was a reasonable reason for to fear his death or physical or intellectual incapacity before the opening of the oral trial, the Judge Instructor will immediately practice the declaration, assuring in any case the possibility of contradiction of the parties. To this end, the Registrar shall make known to the defendant that he is a lawyer within 24 hours, if he does not yet have it, or else, that he shall be appointed as his own office, to advise him on the act of receiving the witness ' statement. Upon that end, the Judge shall be sworn in and shall re-examine the Judge, in the presence of the defendant and of his defence lawyer, and in the presence of the Prosecutor and the complainant, if they want to attend the event, allowing them to do so. how many questions they have as appropriate, except those which the Judge considers to be manifestly impertinent.

The Secretary of the Judiciary will record the answers to these questions, and this diligence will be signed by all attendees.

The declaration of minor witnesses and persons with a judicially modified capacity may be carried out by avoiding the visual confrontation of the same with the defendant, using any means to do so. technical that makes the practice of this test possible. "

Thirteen. Article 544b (7) is amended and read as follows:

" 7. Measures of a civil nature must be requested by the victim or his legal representative, or by the Prosecutor's Office when there are minor children or persons with the judicially modified capacity, determining their compliance regime and, where appropriate, the accompanying measures which are necessary, provided that they have not been previously agreed by an organ of the civil court, and without prejudice to the measures provided for in Article 158 of the Civil Code. Where there are minors or persons with a judicially modified capacity who live with and are dependent on the victim, the Judge shall in any event, even on his own initiative, decide on the relevance of the adoption of the said measures.

These measures may consist of the attribution of the use and enjoyment of family housing, the determination of the custody and custody arrangements, visits, communication and stay with minors or persons with legal capacity. amended, the food supply arrangements, as well as any provision deemed appropriate in order to remove them from danger or to prevent them from being harmful.

The civil measures contained in the protection order will have a temporary duration of 30 days. If, within this period of time, the victim or his legal representative has been brought before the civil court, the measures taken shall remain in force for the thirty days following the filing of the application. In this term, the measures must be ratified, amended or rendered without effect by the competent court of first instance. "

Fourteen. A new Article 544 quinquies is introduced with the following wording:

" Article 544 quinquies.

1. In cases where an offence is investigated in respect of those referred to in Article 57 of the Criminal Code, the Judge or the Court, where necessary for the purpose of protecting the victim of a minor age or with a judicially modified capacity, where appropriate, It will take some of the following measures:

a) Suspend the parental rights of one of the parents. In this case, it may establish a system of visits or communication in the interests of the minor or person with a judicially modified capacity and, where appropriate, the conditions and guarantees to be developed.

b) Suspend guardianship, curatella, guardian, or shelter.

c) Establish a system of supervision of the exercise of the rights of the child or of any other tutelary or protection function or support for the minor or person with the judicial capacity, without prejudice to the powers of the Prosecutor's Office and of the competent public entities.

(d) Suspend or modify the system of visits or communication with the non-living or other family member to be in force, where necessary to ensure the protection of the child or the person with capacity judicially modified.

2. Where the development of the process shows the existence of a situation of risk or possible distress of a minor and, in any case, where some of the measures referred to in points (a) or (b) of the previous paragraph are adopted, the Registrar It shall immediately inform the competent public body which is legally entrusted with the protection of minors, as well as the Prosecutor's Office, in order to enable them to take the necessary protective measures. For the same purposes, they shall be notified of their termination or any other amendment, as well as the resolution referred to in paragraph 3.

3. Once the procedure has been completed, the Judge or Court, taking into account only the interests of the person concerned, shall ratify or raise the protective measures which have been adopted. The Tax Ministry and the parties affected by the measure may request the Judge to amend or amend it in accordance with the procedure laid down in Article 770 Civil Procedure Law. "

Fifteen. Article 636 is amended and read as follows:

" Article 636.

Against the orders of withdrawal, the appeal shall only proceed, where appropriate.

The order of withdrawal shall be communicated to the victims of the offence, in the e-mail address and, failing that, by ordinary mail to the postal address or address they have designated in the application provided for in the Article 5.1.m) of the Law on the Victim's Statute of the Crime.

In the case of death or disappearance caused by a crime, the order of withdrawal shall be communicated in the same way to the persons referred to in the second subparagraph of Article 109a (1), whose identity and e-mail or postal address was known. In these cases, the Judge or Court may agree, in a reasoned manner, to dispense with the communication to all family members when several of them have already been successfully addressed, or where it has been unsuccessful as many steps have been taken. practiced for localization.

Exceptionally, in the case of citizens resident outside the European Union, if an e-mail or postal address is not available for communication, it shall be forwarded to the diplomatic or consular post. in the country of residence to publish it.

After five days from the communication, it is understood that it has been validly performed and will deploy all its effects, beginning the computation of the period of the appeal. This scheme shall be exempted from those cases where the victim is responsible for the impossibility of access to the content of the communication.

The victims will be able to use the order of withdrawal within twenty days even if they have not been shown as part of the cause. "

Sixteen. Article 680 is amended and read as follows:

" Article 680.

The oral proceedings shall be public, subject to a declaration of invalidity, without prejudice to the provisions of the following Article. "

seventeen. Article 681 is amended, which is worded as follows:

" Article 681.

1. The Judge or the Court may, on its own initiative or at the request of any of the parties, agree, after hearing, that all or any of the acts or sessions of the trial are held behind closed doors, where security or security reasons so require. public order, or the appropriate protection of the fundamental rights of the interveners, in particular the right to the privacy of the victim, respect for the victim or his family, or is necessary to prevent the loss of victims relevant which might otherwise derive from the ordinary development of the process. However, the Judge or the President of the Court may authorise the presence of persons who are of particular interest in the case. The foregoing restriction, without prejudice to the provisions of Article 707, shall not apply to the Prosecutor's Office, to persons injured by the offence, to those prosecuted, to the private accuser, to the civil actor and to the respective defenders.

2. It may also agree on the adoption of the following measures for the protection of the privacy of the victim and his family:

(a) prohibit the disclosure or publication of information relating to the identity of the victim, of data that may facilitate their identification directly or indirectly, or of those personal circumstances that would have been valued to resolve your protection needs.

b) To prohibit the obtaining, disclosure or publication of images of the victim or of his or her relatives.

3. In any event, the disclosure or publication of information relating to the identity of persons under age or victims with disabilities in need of special protection shall be prohibited, data which may facilitate their identification in a manner direct or indirect, or those personal circumstances that would have been assessed to address their protection needs, as well as the obtaining, disclosure or publication of images of themselves or their family members. "

Eighteen. Article 682 is amended, which is worded as follows:

" Article 682.

The Judge or Court may, after hearing the parties, restrict the presence of the audiovisual media at the sessions of the trial and prohibit the recording of all or any of the hearings when it results essential in order to preserve the order of the sessions and the fundamental rights of the parties and the other interveners, especially the right to the privacy of the victims, respect due to the same or their family, or the need to avoid to the relevant victims which could otherwise derive from the ordinary development of the process. For these purposes, you can:

a) Prohibit the recording of sound or image in the practice of certain tests, or determine which actions or actions can be recorded and disseminated.

b) Banning to take and spread images of some or some of the people involved.

(c) Prohibit that the identity of the victims, witnesses or experts or any other person involved in the trial be provided. "

nineteen. Article 707 is amended as follows:

" Article 707.

All witnesses are required to state what they know about what is being asked of them, with the exception of the persons referred to in Articles 416, 417 and 418, in their respective cases.

The declaration of minor or disabled witnesses in need of special protection shall be carried out, where necessary to prevent or reduce the damage which they may derive from the development of the the process or the practice of diligence, avoiding the visual confrontation of the same with the accused. To this end, any technical means which makes the practice of this test possible may be used, including the possibility that witnesses may be heard without being present in the room through the use of the communication.

These measures will also be applicable to victim statements when their initial or subsequent assessment leads to the need for these protective measures. "

Twenty. Article 709 is amended as follows:

" Article 709.

The President will not allow the witness to answer the necessary, suggestive or pertinent questions or questions.

The President may adopt measures to prevent the occurrence of unnecessary questions concerning private life that are not relevant to the criminal act, unless the Judge or the Court considers Exceptionally, they must be answered in order to properly assess the facts or the credibility of the victim's statement. If those questions were asked, the President will not allow them to be answered.

Against the decision on which the appeal may be lodged, the appeal may be brought in its day, if the corresponding protest is made at the event.

In this case, the question will contain the question or ask the President to have forbidden the answer. "

Twenty-one. Article 730 is amended as follows:

" Article 730.

They may also be read or reproduced at the request of either party of the proceedings in the summary, which, for reasons independent of the will of the parties, cannot be reproduced in the oral judgment, and the statements received in accordance with the provisions of Article 448 during the investigation phase to victims of minor age and to victims with disabilities in need of special protection. "

Twenty-two. Article 773 (2) is amended as follows:

" 2. When the Prosecutor's Office is aware of a seemingly criminal act, either directly or by filing a complaint or atado, it shall inform the victim of the rights contained in the legislation in force; it shall carry out the evaluation and provisional resolution of the needs of the victim in accordance with the provisions of the legislation in force and shall practice the same or order the Judicial Police to practice the proceedings it considers relevant for the verification of the fact or the responsibility of the unit-holders in the same. The Prosecutor will decree the file of the actions when the fact does not magazine the characters of crime, communicating it with expression of this circumstance to whom it has alleged to be harmed or offended, in order that it can reiterate its denunciation before the Judge of Instruction. In another case, he will urge the Judge of Instruction to initiate the procedure that corresponds to the referral of the action, making the arrest, if any, and the effects of the crime at his disposal.

The Prosecutor's Office will be able to appear before any person in the terms established in the law for the judicial summons, in order to receive a statement, in which the same guarantees will be observed in this case. Law for the loan to the Judge or Court.

Cesara the Prosecutor in his proceedings as soon as he becomes aware of the existence of a judicial proceeding on the same facts. "

Twenty-three. Rule 1 (1) of Article 779 is amended, which is worded as follows:

" 1. If you consider that the fact is not a criminal offence or that your perpetration is not sufficiently justified, you will agree to the appropriate dismissal. If, even if you believe that the fact can be a crime, you have no known author, you will remember the provisional withdrawal and order the file.

The order of withdrawal will be communicated to the victims of the crime, in the e-mail address and, in their defect, postal address or address that they would have designated in the application provided for in article 5.1.m) of the Law of the Victim's Statute of the offence.

In the cases of death or disappearance caused by a crime, the order of dismissal shall be communicated in the same manner to the persons referred to in the second subparagraph of Article 109a (1), whose identity and e-mail or postal address was known. In these cases, the Judge or Court may agree, in a reasoned manner, to dispense with the communication to all family members when several of them have already been successfully addressed, or where it has been unsuccessful as many steps have been taken. practiced for localization.

Exceptionally, in the case of citizens resident outside the European Union, if an e-mail or postal address is not available for communication, it shall be forwarded to the diplomatic or consular post. in the country of residence to publish it.

Five days after the communication, it will be understood that it has been validly performed and will deploy all its effects. This scheme shall be exempted from those cases where the victim is responsible for the impossibility of access to the content of the communication.

The victims will be able to use the order of withdrawal within twenty days even if they have not been shown as part of the cause. "

Twenty-four. Article 785 (3) is amended as follows:

" 3. Where the victim has requested it, even if it is not a party to the proceedings or must intervene, the Registrar shall inform, in writing and without undue delay, the date, time and place of the trial, as well as the content of the charge. directed against the offender. "

Twenty-five. Article 791 (2) is amended as follows:

" 2. The judicial secretary will point out the view within the next 15 days and all the parties will be summoned. Where the victim has requested it, he shall be informed by the Secretary of the Court, even if there is no part and no need for his intervention.

The view will be held beginning, if any, by the practice of the test and by the reproduction of the recordings if there is a place to it. The parties will then orally summarise the outcome of the same and the basis of their claims. "

Final disposition second. Amendment of the Organic Law 10/1995 of 23 November of the Penal Code.

Article 126 (2) of the Organic Law 10/1995 of 23 November of the Penal Code is amended, which is worded as follows:

" 2. Where the offence has been of which only part of the offence may be pursued, the costs of the private accuser shall be satisfied in preference to the compensation of the State. The same preference shall be given to the payment of the procedural costs caused to the victim in the cases referred to in Article 14 of the Law on the Statute of the Victim of Crime. "

Final disposition third. Competence title.

This Law is issued under the exclusive jurisdiction of criminal and procedural law attributed to the State by Article 149.1.6. of the Spanish Constitution. The exception of Title IV, which is issued under the exclusive jurisdiction in the matter of the Administration of Justice attributed to the State by Article 149.1.5. of the Spanish Constitution, as well as the provisions of Title I, which are It is a matter for the Commission, which is responsible for the protection of the rights of the citizens of the European Union, to the extent to which it is responsible for the exercise of the rights and obligations of all Spaniards. Article 149.1.1. of the Spanish Constitution.

Final disposition fourth. Enabling the Government for regulatory development.

The Government is enabled to approve the precise regulatory provisions for the development of the provisions of this Law.

Final disposition fifth. Adaptation of the General Statutes of the Attorney General and the Attorney General's Office.

The Colleges and General Councils of Lawyers and Attorneys shall take the necessary measures to adapt their respective Statutes to the provisions of Article 8 (2) of this Law, within a maximum period of one year. from its entry into force.

Final disposition sixth. Entry into force.

This Law shall enter into force six months after its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, April 27, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY