Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4606
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE I the purpose of developing a constitutive law of the legal status of the victim of the crime is to respond from public authorities as wide as possible, not only legal but also social, the victims, not only repairing the damage in the framework of criminal proceedings , but also saver of other effects traumatic in it moral that their condition can generate, all this with independence of their situation procedural.
For this reason, this Statute, in line with the directive on the matter and demands posed by our society, aims to, based on the recognition of the dignity of the victims, the defense of their material and moral goods and, thereby, of the whole of society.
With this Statute, Spain bring together in a single legislative text for the catalogue of rights of the victim, of a side transposing the European Union directives on the subject, and of another, picking up the particular demand of society Spanish.
II them background and fundamentals remote of the present Statute of the victim of the crime is found in the Decision frame 2001 / 220 / JAI of the Council, of 15 of March of 2001, relative to the Statute of the victim in the process criminal, that recognizes a set of rights of them victims in the field of the process criminal, included the right of protection e compensation , and that was the first deep project of the European legislator to achieve a homogeneous recognition of the victim in the context of the European Union, further Special regulations in germ.
It grade of compliance of such Decision frame was object of the report of the Commission European of April of 2009, that put of relief that no State member had approved a text legal only that pick, systematically, them rights of the victim and stressed the need of a development general and effective of some aspects of the mentioned Statute.
With regard to Spain, this report highlights the existence of a frame normative guarantor of them rights of the victim, although great part of those rights are exclusively procedural or is focus in some types very concrete of victims in accordance with its normative particular, this is, it law 35 / 1995, of 11 of December, of aid and assistance to them victims of crimes violent and against it freedom sexual (developed by the Real Decree 738 / 1997) (, of 23 of mayo), the law organic 1 / 1996, of 15 of January, of protection legal of the minor, the law organic 1 / 2004, of 28 of December, of measures of protection Integral against the violence of gender, as well as the law 29 / 2011, of 22 of September, of recognition and protection Integral to them victims of the terrorism.
The communication from the Commission the European Parliament, the Council, the economic and Social Committee and the Committee of the regions of 18 May 2011, called «Reinforcement of the rights of the victims in the European Union», reiterates the consideration of aspects of the existing protection up to the date that should be strengthened and the need for a European framework for the protection , as the designed with the directive 2011/99/EU of the European Parliament and of the Council, of 13 of December of 2011, on the European protection order.
In this context, is has produced it approval of the directive 2012 / 29 / EU of the Parliament European and of the Council, of 25 of October of 2012, by which is established standards minimum on them rights, the support and the protection of them victims of crimes, and by which is replaces the Decision framework 2001 / 220 / JAI of the Council. It should therefore transpose to domestic law, not just the issues that underpinned the report of the Committee of 2009 regarding the degree of transposition of the Decision 2001/220/JHA framework, but also outstanding issues of transpose pursuant to the separate directives and new rights and demands that picks up the new directive from 2012.
Thus, the present legislative text not only responds to the requirement of minimum setting the European legislator with the finally adopted text in 2012/29/EU directive, but it is being more ambitious, moving to the same demands and needs of Spanish society, in order to complete the design of the rule of law, almost always focused on procedural safeguards and the rights of the accused , charged, processed or convicted.
Effectively, with the focus of attention is has been able to warn, and society moved it with their demands, a certain prostration of the rights and special needs of victims of crime, where attention to the higher value of Justice informing our constitutional order, is necessary to address, being timely do so precisely on the occasion of this transposition.
He horizon temporary marked by such directive to proceed to its incorporation to the right internal is extends until the 16 of November of 2015, but as wants that this standard European, of character general, is preceded of others special that require a transposition in dates more nearby, is has opted by address this task in the present text and add to the catalogue general of rights of them victims others standards of application particular for some categories of these.
Also deemed appropriate, given that one of the purposes of the present law the offer a concept unit of victim of crime, apart from its procedural consideration, include in the concept of indirect victim some assumptions that are not imposed by European standards, but by other international standards, such as the UN Convention for the protection of all persons from enforced disappearance.
III the present Statute of the victim of the crime has the vocation of be the catalogue general of them rights, procedural and independent, of all the victims of crimes, however them referrals to normative special in matter of victims with special needs or with special vulnerability. It is therefore an obligation which, in the case of children, the best interests of the child to act as a guide for any measurement and decision taken in relation to a minor a victim during the criminal process. In this sense, the adoption of the measures of protection of the title III, and especially the not adoption of them same, must be informed in the interest top of the less.
It is part of a broad concept of victim, for any offence and any that is the nature of the physical damage, moral or material that has been irrogado you. Includes the direct victim, but also indirect, such as family or similar victims.
On the other hand, the protection and support to the victim is not only procedural, or depends on its position in a process, but that takes an extra dimension. It is based on a broad concept of recognition, protection and support, in order to the comprehensive safeguard of the victim. For this reason, it is essential to offer the victim the maximum facilities for the exercise and protection of their rights, with the reduction of unnecessary formalities involving the second victimization, give information and effective guidance of rights and services which correspond, the referral by the competent authority, humane treatment and the possibility to be accompanied by the person designated in all its procedures However the procedural representation that appropriate, among other measures.
Actions have to be always oriented to person, which requires an assessment and individualized treatment of any victim, without prejudice to the specialized treatment that require certain types of victims.
As already indicated, the recognition, protection and support to the victim is not limited to the material aspects and the economic service, but also extends to its moral dimension.
Moreover, the recognition, protection and support the victim is granted taking account, in turn, to the specialties of victims who do not normally reside in our country.
The effectiveness of these rights requires maximum institutional collaboration and involves not only the different public administrations, to the judiciary and to groups of professionals and victims, but also to specific persons who, from his post, have contact and relate to the victims and, ultimately, to the whole of society. Therefore, it is needed to provide the institutions of protocols of action and procedures of coordination and collaboration, as also the promotion of specialized offices, training, technical and training staff, and the awareness that the treatment the victim comporta, without forgetting the participation of associations and groups.
However the unifying vocation of the Statute and referrals to special regulations in certain groups of victims, which would be expanded its assistance and protection with the general catalogue of rights of the victim, in the absence of a specific regulation for certain groups of victims with special vulnerability, is intended to give them special protection in this text through the transposition of other two recent directives : it directive 2011 / 92 / EU of the Parliament European and of the Council, of 13 of December of 2011, relative to the fight against them abuses sexual and it exploitation sexual of them minor and it pornography child, as well as the directive 2011 / 36 / EU of the Parliament European and of the Council, of 5 April of 2011, relative to the prevention and fight against it is of humans and to the protection of them victims and by which is replaces it Framework decision 2002/629/JHA of the Council.
IV. with regard to the content and structure of the law, is starts using a title preliminary, dedicated to them provisions General, that comes to establish a concept of victim all-inclusive, as is extends to all person that suffer a prejudice physical, moral or economic as consequence of a crime.
Also recognizes the indirect victim status to the spouse or person linked to the victim by a similar relation of affectivity, their children and parents, relatives and persons in charge of the direct victim by death or disappearance caused by the crime, as well as the holders of parental authority or guardianship in relation to the forced disappearance of persons in charge that determine when a relevant risk of secondary victimisation.
Rights collecting law shall apply to all the victims of crimes that occurred in Spain or that can be prosecuted in Spain, irrespective of the nationality of the victim or if enjoy or not legal residence.
Thus, the title preliminary collects a catalogue general of rights common to all them victims, that is goes developing later along the articulated and that is refers both to them services of support as to them of Justice repairing that is established legally, and to them performances along the process criminal in all its phases-included them first proceedings and the execution- , regardless of the outcome of the criminal proceedings. This general catalogue, includes, among others, the right to information, the protection and support in any case, the right to participate actively in the criminal proceedings, the right to recognition as such victim and the right to a respectful, professional, individualized and non-discriminatory treatment.
V the title I recognizes a series of rights independent, also common to all the victims, with independence of that are part in a process criminal or have decided or not exercise some type of action, and even with prior to the initiation of the process criminal.
It is new to that person, in order to facilitate that it is wrapped from the personal point of view, can be accompanied by the person designated, without prejudice to the intervention of attorney where appropriate, in its proceedings and deal with the authorities.
In this title is regulates the right to obtain information of any authority or official to which is go, with language simple and accessible, from the first contact. That information, that must be detailed and on updated, should guide and inform on them rights that attend to the victim in issues such as: measures of support available; mode of exercising their right to denounce; mode and conditions of protection, legal advice and legal defence; compensation, interpretation and translation; measures of effectiveness of their interests if reside in other country of the Union European; procedure of complaint for inactivity of the competent authority; contact details for communications; services available from justice restorative; and the mode of reimbursement of legal costs.
Is regulates specifically the right of the victim as complainant and, in particular, its right to get a copy of it denounces, duly certified, assistance linguistic free to the victim that want brought denounces and translation free of it copy of it denounces presented.
Also, whatever to appear in person at the criminal trial, is recognizes the right of the victim to receive information about certain landmarks in the criminal case.
Develops, according to European regulations, the right to translation and interpretation, in the interviews, including the police, as in the active participation in views, and includes the right to free and written translation of essential information, in particular the decision to put an end to the cause and the designation of the place and time of the trial.
Regulates access to support services, which includes the initial reception, orientation and information and actions of protection, without prejudice to specific support for each victim, as you advise your individual assessment and for certain categories of victims of particular vulnerability.
Also seeks to make visible as victims children who are in an environment of violence of gender or domestic violence, to guarantee them access to assistance and support services, as well as the adoption of protection measures, with the aim of facilitating comprehensive recovery.
VI the title II systematizes the rights of the victim in terms of their participation in the criminal process, as something independent of the measures for the protection of the victim in the process, they are subject to title III.
Is recognizes to the victim the right to participate in the process, in accordance with it willing in the law of prosecution Criminal, and is reinforces it effectiveness material of the same through various measures: hand, the notification of them resolutions of dismissed and file and the recognition of the right to challenge them within a term of time enough starting from the communication regardless of which has been previously constituted or not as a party to the process; on the other hand, the recognition of the right to get the payment of them coasts that is you had caused, with preference to the right of the State to be indemnified by them expenses made in the cause, when the crime had been finally pursued only to its instance or the dismissal of the same had been revoked by the estimate of the resource interposed by she.
The State, as it is typical of any liberal model, retains the absolute monopoly on the enforcement of sentences, it is not inconsistent with that provided to the victim certain channels of participation that would enable it to challenge before the courts certain resolutions affecting the compliance regime of condemnation of crimes of particularly grave nature, provide information that can be relevant for judges and courts to resolve on the execution of the penalty , civil responsibilities or I comiso already agreed, and measures of control in relation to request conditional released who had been convicted of facts that a dangerous situation may arise reasonably for the victim.
The regulation of the involvement of the victim in the phase of execution of the sentence, when it comes to enforcement of sentences for especially serious crimes, guarantees the confidence and cooperation of the victims with criminal justice, as well as the observance of the principle of legality, since the decision always corresponds to the judicial authority, for what is not affected the reintegration of the punished.
Also provided to the victim the exercise of their rights, allowing the presentation of applications for legal aid to the authority or officer to inform you of your rights, avoiding in this way pilgrimage by different offices; and regulates the procedure applicable in the case of presentation in Spain of denunciation by criminal acts committed in other countries of the European Union, as well as the communication to the victim for their reference, where appropriate, to the competent authorities.
The Statute also recognizes the right of the victim to obtain the immediate return of the effects of his property, except in the exceptional cases in which the effect in question, temporarily or permanently, would remain in the custody of the authorities to ensure the correct development of the process.
Finally, a reference to the possible performance of the restorative justice services is included. At this point, the Statute exceeds the traditional references to mediation between victim and offender and stresses moral inequality that exists between the two. Therefore, the performance of these services is conceived repair material and moral of the victim-oriented, and budget is free and informed consent of the victim and the prior recognition of the essential facts by the author. In any case, the possible action of restorative justice services shall be excluded when this can result in a risk to the safety of the victim, or may be cause of any other damages.
VII in title III addresses specific issues relating to the protection and recognition of the victims, as well as protective measures for certain types of victims.
Them measures of protection seek it effectiveness facing reprisals, intimidation, victimization secondary, damage psychic or assaults to the dignity during them interrogations and statements as witness, e include from them measures of protection physical until others, as the use of rooms separate in them courts, to avoid contact of the victim with the infringing and any others, low discretion judicial that the circumstances require.
For avoid it victimization secondary in particular, is is of get it statement of the victim without takes after it denounces, reduce the number of statements and honors medical to the minimum necessary, and ensure to the victim its right to do is accompany, not already only of the representative procedural, but of another person of your choice, except resolution motivated.
Measures and access to certain services are preceded by an individualized assessment of the victim, to determine any special measures and specific protection needs. Such measures have to be updated pursuant to the course of the process and the circumstances which have arisen.
Specific protection measures are taken according to the character of the person, the crime and its circumstances, the entity of the damage and its severity or vulnerability of the victim. Thus, along with referrals to the regulations in force in the matter, include specific measures of protection for groups lacking legislation special and, in particular, of children victims of abuse, exploitation or child pornography, victims of trafficking in human beings, people with disabilities and other groups, as crimes with plurality of affected and the catastrophic effect.
VIII the title IV, finally, contains a number of common provisions, such as those relating to the Organization and operation of the offices of assistance to victims of crime, the promotion of training of legal professionals and the staff at the service of the administration of Justice in the treatment of victims, sensitization and awareness through information campaigns , it research and education in matter of support, protection and solidarity with them victims, the cooperation with the society civil and in the field international, as well as the promotion of the self-regulation by them means of communication of the treatment of information that affect to the dignity of them victims.
In this title to be noted also that different assumptions are introduced to strengthen coordination between the different services that carry out functions in the area of assistance to victims, as well as collaboration with public and private networks on the line to achieve greater efficiency in the services provided to citizens, thus following the guidelines of the Commission for the reform of public administrations (CORA).
Finally regulates the obligation of reimbursement in the case of fraudulent victims, condemned by simulation of offence or false accusation, which have caused costs to the Administration for its recognition, information, protection and support, as well as for services rendered, without prejudice to the other responsibilities, civil or criminal, which in his case.
IX the law incorporates two additional provisions. The first additional provision, which provides for the creation and subsequent regulatory development of a mechanism for periodic review of global system of support and protection to victims, with the participation of officials and groups involved, that serve as a basis for future initiatives and the gradual improvement of the same; and the second additional provision concerning the media.
Regarding the final provisions, emphasizes the first final provision, amending the law of Criminal Procedure. These settings in the standard procedural criminal are necessary to complement the regulation substantive of rights that is collects in the present law, that transposes the directive 2012 / 29 / EU.
The rest of final provisions refer to the introduction of a very timely reform in the Penal Code, competence title, regulatory development, the adaptation of the general statutes of law and Attorney 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, the victims of crimes committed in Spain or that can be prosecuted in Spain, regardless of their nationality, if they are elderly or children or if you enjoy or not of legal residence.
Article 2. Scope subjective. General concept of victim.
The provisions of this law shall apply: to) as a direct victim, to any individual who has suffered a loss or damage on his own person or property, in particular physical or mental injury, emotional damage or economic damages directly caused by the Commission of a crime.
(b) as a victim indirectly, in cases of death or disappearance of a person who has been directly caused by a crime, except as regards the facts responsible for: 1 A non-separated spouse legally or in fact, and the victim's or the spouse's children not separated legally or in fact that at the time of the death or disappearance of the victim live together with them; the person who until the moment of death or disappearance had been attached to it by a similar relation of affectivity and the children of that at the time of the death or disappearance of the victim live together with her; to their parents and relatives in straight or collateral line up to the third degree that is found in his custody and persons subject to their custody or guardianship or is found under your foster.
2. in case of absence, other relatives in a straight line and his brothers, with preference, among them, of which holding the legal representation of the victim.
The provisions of this law shall not apply to third parties who had suffered damage resulting from the crime.
Article 3. Rights of the victims.
1. any victim entitled to protection, information, support, assistance and care, as well as the active participation in the criminal process and to receive a respectful, professional, individualized and non-discriminatory treatment from their first contact with the authorities or officials, during the performance of services of assistance and support to victims and restorative justice, throughout the criminal process and for a period of time right after its conclusion regardless of who is known or not the identity of the offender and of the outcome of the process.
2. the exercise of these rights shall be governed by the provisions of this Act and the regulations that develop it, as well as provisions of special legislation and procedural rules that may apply.
TITLE I rights basic article 4. Right to understand and be understood.
Person has the right to understand and be understood in any action that should be performed from the filing of a complaint and the criminal process, including information prior to the filing of a complaint.
For this purpose: to) all communications with victims, oral or written, will be made in a clear, simple and accessible language in a way that takes into account their personal characteristics and, especially, the needs of persons with sensory, intellectual or mental disability or its minor. If the victim was a minor or had the ability to legally amended, communications will be made to your representative or the person who may assist you.
(b) be provided to the victim, from their first contact with the authorities or the offices of assistance to victims, assistance or support necessary to enable it to understand before them, including interpretation in the sign languages legally recognized, and the means of support for oral communication of deaf people with hearing disability and Deafblind.
(c) the victim may be accompanied by a person of your choice from the first contact with the authorities and officials.
Article 5. Right to the information from the first contact with the authorities competent.
1 person has the right, from the first contact with the authorities and officials, including the time prior to the filing of the complaint, to information, without unnecessary delay, adapted to their circumstances and personal conditions and the nature of the offence committed and suffered damages, on the following points: to) measures of assistance and support available , are medical, psychological or material, and procedure for obtaining them. Within these last is will include, when is appropriate, information on the possibilities of get an accommodation alternative.
(b) right to denounce and, in his case, the procedure for filing it denounces and right to facilitate elements of test to them authorities responsible of the research.
(c) procedure to obtain advice and defence legal and, in his case, conditions in which can get is free of charge.
(d) possibility of request measures of protection and, in his case, procedure to do it.
(e) compensation to which can have law and, in its case, procedure to claim them.
(f) available interpretation and translation services.
(g) support and auxiliary services for communication available.
(h) procedure by means of which the victim can exercise their rights where it resides outside Spain.
(i) resources that can stand against the resolutions that consider contrary to its rights.
j) contact details of the authority responsible for the processing of the procedure and channels to communicate with her.
(k) restorative justice services available, in the cases where it is legally possible.
(l) assumptions that can obtain reimbursement of legal costs and, where appropriate, procedure to claim it.
(m) right to make a request to be notified of the decisions referred to in article 7. To these effects, the victim shall designate in its request an address of mail electronic and, in its defect, an address postal or domicile, to which will be referred them communications and notifications by the authority.
2. this information will be updated in each phase of the procedure, to guarantee to the victim the possibility of exercise their rights.
Article 6. Rights of the victim as complainant.
Person has, at the time of filing his complaint, the following rights: to) to obtain a copy of the complaint, duly certified.
(b) free language assistance and the written translation of the copy of the complaint, when it does not understand or does not speak any of the languages which have official status in the place in which occurs the denunciation.
Article 7. Right to receive information about it cause criminal.
1 person who has made the request that referred to in paragraph m) article 5.1, shall be informed without unnecessary delay of the date, time and place of judgment, as well as the content of the accusation directed against the offender, and has notified the following resolutions: to) the resolution that agreed not to initiate criminal proceedings.
(b) the sentence that put an end to the procedure.
(c) the resolutions that agreed the prison or the rear put in freedom of the infringing, as well as the possible leak of the same.
(d) the resolutions agreed measures interim personal or to amend those already agreed, when it had purpose ensure the safety of the victim.
(e) the resolutions or decisions of any authority judicial or prison that affect to subject condemned by crimes committed with violence or intimidation and that pose a risk for the safety of the victim. In these cases and these effects, the prison administration shall immediately inform the judicial authority the resolution adopted to its notification to the affected victim.
(f) the resolutions that it concerns the article 13.
These communications shall include, at least, part operative of the resolution and a brief summary of the basis for the same, and they will be sent to your email address. Exceptionally, if the victim were not available an e-mail address, they shall refer by ordinary mail to the address you have provided. For citizens living outside the EU, if an email address postal mail in which to perform the communication is not available, is send to the diplomatic or consular office in Spanish in the country of residence for that publication.
If the victim had once formally in the proceedings, decisions shall be notified to his attorney and shall be communicated to the victim at the email address provided, without prejudice to the provisions of the following paragraph.
2. victims may demonstrate their desire to not be informed of the resolutions to which this article refers, leaving without effect the request made at any time.
3 in the case of victims of crimes of violence against women, you will be notified the resolutions referred to in letters c)) and (d) of paragraph 1, without that the victim requests it, except in those cases in which manifest their desire not to receive these notifications.
4. Likewise, it will provide, upon request, information relating to the situation in which the procedure, except that this could harm the development of the cause.
Article 8. Period of reflection in guaranteeing the rights of the victim.
1. the solicitors and barristers not may contact direct or indirect victims of catastrophes, calamities or other events that would have produced a large number of victims who meet the requirements determined by regulation and that may constitute a criminal offence, to offer their professional services until 45 days have elapsed since the fact.
This prohibition shall be without effect in the case that the provision of these services has been expressly requested by the victim.
2. the breach of this prohibition will result in disciplinary responsibility for very serious violation, without prejudice to the other responsibilities that come.
Article 9. Right to translation and interpretation.
1 person who does not speak or do not understand the English or the official language used in the actions concerned shall have the right: to) to be assisted free of charge by an interpreter who speaks a language that understands when received you statement during the investigation by the judge, the Prosecutor or police officers or intervene as a witness at the trial or at any other hearing.
This right shall also apply to people with auditory limitations or oral expression.
(b) to the free translation of the decisions referred to in paragraph 1 of article 7 and article 12. The translation will include a brief summary of the basis of the adopted resolution, when the victim so requested it.
(c) to the translation free of that information that is essential for the exercise of those rights that is concerns the title II. The victims may present a request motivated so is consider essential a document.
(d) to be informed, in a language that understands, of the date, time and place of celebration of the trial.
2. the assistance of interpreter is may provide by means of videoconference or any medium of telecommunication, unless the judge or court, of trade or to instance of part, agreed the presence physical of the interpreter for safeguard them rights of the victim.
3. exceptionally, the translation written of documents may be replaced by a summary oral of your content in a language that understand, when of this mode also is guarantee enough the equity of the process.
4 when in the case of police actions, the decision of not providing interpretation or translation to the victim may be appealed before the investigating judge. This resource is means interposed when the person affected by the decision had expressed their dissatisfaction in the time of the refusal.
5. the decision Court of not facilitate interpretation or translation to the victim may be appealed in appeal.
Article 10. Right of access to the services of assistance and support.
All victim has right to access, of form free and confidential, in them terms that regulations is determine, to them services of assistance and support provided by the administrations public, as well as to which provide them offices of assistance to the victims. This right can be extended to relatives of the victim, in terms also established by law, when in the case of offences which have caused serious damage.
Authorities or officials who come into contact with the victims must refer them to the offices of assistance victims when necessary in view of the gravity of the offence or in cases in which the victim requests it.
Them children under and them minor subject to guardianship, saves and custody of them women victims of violence of gender or of people victims of violence domestic will have right to them measures of assistance and protection provided for in them titles I and III of this law.
TITLE II participation of the victim in the process criminal article 11. Participation active in the process criminal.
(All victim has right: to) to exercise the action criminal and the action civil according to it provisions in the law of prosecution Criminal, without prejudice of them exceptions that may exist.
(b) to appear before the authorities responsible of the research for provide them them sources of test and the information that deems relevant for the clarification of them made.
Article 12. Communication and review of the closure of the investigation at the request of the victim.
1. the decision of discontinuance shall be communicated, in accordance with provisions of the law of Criminal Procedure, to the direct victims of crime who had denounced the facts, as well as the rest of victims whose identity and address is any knowledge.
In cases of death or disappearance of a person who has been caused directly by a crime, shall, in accordance with the provisions of the law of Criminal Procedure, persons referred to in subparagraph (b)) of article 2. In these cases, the judge or court may agree, accordingly, without communication to all family members when already it has successfully directed several of them or when they have proved fruitless few efforts have been practiced for its location.
2. the victim may bring resolution of proceedings pursuant to the Criminal Procedure Act, without requiring you to do so that you have went earlier in the process.
Article 13. Participation of the victim in the execution.
1 the victims had requested, in accordance with the letter m) article 5.1, that they be notified the following resolutions, may use them in accordance with provisions in the Criminal Procedure Law, but had not been party to the cause: to) the car that prison surveillance judge authorizes, in accordance with the third paragraph of article 36.2 of the Criminal Code provisions , the possible classification of the punishable in third grade until the half of the sentence, is extinguished when the victim out of any of the following offences: crimes of killing 1.
2. Article 144 of the Penal Code abortion offences.
3rd offences of injuries.
4th offences against freedom.
5 crimes of torture and moral integrity.
6 crimes against freedom and sexual indemnity.
7th robbery offences committed with violence or intimidation.
8th terrorist offences.
9th crimes of trafficking in human beings.
(b) the car that prison surveillance judge agreed, as provided for in article 78.3 of the criminal code, that the prison benefits, leave, ranking in third grade and the computation of time for probation relating to the limit of sentence, and not to the sum of the penalties imposed (, when the victim it out of any of them crimes that is concerns the letter to) of this paragraph or of a crime committed in the breast of a group u organization criminal.
((c) the auto by which is grant to the punishable it freedom conditional, when is try of any of them crimes to is concerns the paragraph second of the article 36.2 of the code criminal or of any of them crimes to is concerns the letter to) of this paragraph, whenever is had tax a penalty of more than five years of prison.
The victim should announce its willingness to use within a maximum period of five days from the time they had notified pursuant to the second and third subparagraphs of article 7(1) to the clerk of the competent court, and the appeal within a period of fifteen days from such notification.
The announcement of the filing of the appeal not will require the assistance of counsel.
2 the victims will also be legitimised for: to) interest that they are applied to conditional release measures or rules of conduct laid down by the law necessary to ensure their safety, when one would have been convicted of facts that a dangerous situation may arise reasonably for the victim;
(b) provide to the Court any information that may be relevant to solve on the execution of the penalty imposed, the civil responsibilities arising from the offence or confiscation had been agreed.
3 before the prison supervision judge have to dictate any of the resolutions referred to in paragraph 1 of this article, shall transfer the victim to make within five days of their claims, provided that this would have made the request referred to in the letter m) of paragraph 1 of article 5 of this law.
Article 14. Reimbursement of expenses.
The victim involved in the process will be entitled to the refund of expenses for the exercise of their rights and the costs that have caused him with preference in respect of the payment of the expenses that had been caused to the State, when your payment is imposed in the judgement of conviction and he would have sentenced the defendant at the request of the victim, for crimes that the public prosecutor had not formulated accusation or after having revoked the resolution of file by lodged by the victim.
Article 15. Restorative justice services.
1 victims will have access to services of restorative justice, in the terms to be determined by regulation, with the aim of obtaining adequate moral and material reparation of the damage resulting from the offence, when the following requirements are met: a) the offender has recognized the essential facts of which derives its responsibility;
(b) the victim has provided their consent, after receiving full and impartial information about its content, its possible results and existing procedures to enforce compliance therewith;
(c) the offender has given its consent;
(d) the procedure for mediation not there is a risk to the safety of the victim, or there is the danger that its development may cause new material or moral damages to the victim; (and e) is not prohibited by law for the offence committed.
2. the discussions developed within the mediation process shall be confidential and may not be disseminated without the consent of both parties. Mediators and other professionals involved in the mediation procedure, shall be subject to professional secrecy regarding the facts and manifestations that had knowledge in the exercise of its function.
3. the victim and the offender may revoke your consent to participate in the mediation process at any time.
Article 16. Legal aid.
Victims may submit their applications for recognition of the right to free legal aid before the official or authority provided by the information referred to in point (c)) article 5.1, which will move it, along with the documentation provided, to the corresponding bar.
The application may also be submitted outside the offices of assistance to the victims of the administration of Justice, which shall forward it to the Colegio de Abogados that corresponds.
Article 17. Victims of crimes committed in other Member States of the European Union.
Victims resident in Spain may be submitted to the Spanish authorities allegations relating to criminal acts that had been committed in the territory of other countries of the European Union.
In the case that the Spanish authorities resolved not to give effect to the investigation for lack of jurisdiction, immediately forward the complaint to the competent authorities of the State in whose territory the facts is committed and communicate it to the complainant by the procedure that it had appointed as provided in the letter m) article 5.1 of the present law.
Article 18. Return of property.
Victims shall have the right to refund, in accordance with the provisions of the Criminal Procedure Act, without delay of returnable assets of their property that had been seized in the process.
The return may be refused when the conservation of the effects by the authority is essential for the proper development of the criminal proceedings and is not sufficient with the imposition to the owner of an obligation of conservation of effects available to the judge or court.
Also, the return of these effects may be refused, in accordance with provisions in the legislation that may apply, when conservation is needed in a procedure of technical investigation of an accident.
TITLE III protection of article 19 victims. Right of the victims to protection.
The authorities and officials responsible for the investigation, persecution and prosecution of the offences shall take appropriate measures, in accordance with provisions in the Criminal Procedure Act, to guarantee the life of the victim and members of their families, their physical and mental integrity, freedom, security, sexual freedom and indemnity, as well as to adequately protect their privacy and dignity particularly when receipt of statement or to testify at trial, and to avoid the risk of their secondary or repeated victimization.
For them victims minor of age, the Prosecutor shall ensure especially by the compliance of this right of protection, adopting them measures appropriate to its interest upper when is necessary to prevent or reduce them damages that for them can derive of the development of the process.
Article 20. Right that is avoid the contact between victim and offender.
Them dependencies in which is develop them acts of the procedure criminal, included the phase of research, will be arranged so that is avoid the contact direct between them victims and their family, of a part, and the suspicious of the infringement or accused, of another, with arrangement to the law of prosecution Criminal and without prejudice of it willing in them articles following.
Article 21. Protection of the victim during the investigation criminal.
The authorities and the criminal investigation officers shall ensure that, insofar as this does not prejudice the effectiveness of the process: to) receipt of statement the victims, when necessary, without unjustified delay.
(b) receive statement victims the fewest times possible, and only when it is strictly necessary for the purposes of criminal investigation.
(c) the victims may be accompanied, in addition to his procedural representative and if the legal representative, by a person of your choice, during those proceedings that must intervene, unless approval otherwise by the officer or authority is resolved responsible for the practice of diligence to ensure the correct development of the same.
(d) them honors medical of them victims only is carried to out when are essential for the purposes of the process criminal, and is reduce to the minimum the number of them same.
Article 22. Right to protection of privacy.
Them judges, courts, tax and them others authorities and officials responsible of it research criminal, as well as all those that anyway involved or participate in the process, shall take, in accordance with it willing in it law, them measures necessary for protect the privacy of all them victims and of their family and, in particular, for prevent the broadcasting of any information that can facilitate the identification of them victims minor of age or of victims with disability needy special protection.
Article 23. Individual assessment of the victims to identify their special protection needs.
1. the determination of what measures of protection, regulated in them articles following, must be taken to avoid to the victim damages relevant that, of another mode, could derive of the process, is held after a valuation of their circumstances particular.
2 this assessment take particularly into consideration: to) the personal characteristics of the victim and in particular: 1 if it is a person with disabilities or if there is a relationship of dependence between the victim and the alleged perpetrator of the offence.
2nd case of underage victims or victims in need of special protection or where there are special vulnerabilities.
(b) the nature of the offence and the gravity of them damages caused to the victim, as well as the risk of repetition of the crime. For this purpose, appreciate the needs of protection of the victims of the following crimes: crimes of terrorism 1.
2nd crimes committed by an organization criminal.
3rd crimes committed on the spouse or person who is or has been connected to the author by a similar relation of affectivity, even without cohabitation, or descendants, ascendants or brothers by nature, adoption or affinity, or the spouse or cohabitant.
4th offences against the freedom or indemnity sexual.
5 crimes of trafficking in human beings.
6 crimes of disappearance forced.
7th crimes committed due to racist, anti-Semitic or other related to ideology, religion or beliefs, family situation, membership of its members to an ethnic group, race or nation, national origin, gender, orientation or sexual identity, disease or disability.
(c) the circumstances of the offence, in particular if is is of crimes violent.
3 along the criminal proceedings, the adoption of protection measures for underage victims will take into account your personal situation, immediate needs, age, gender, disability and level of maturity, and will fully respect their physical, mental and moral integrity.
(((4. for minor of age victims of some crime against the freedom or indemnity sexual, is apply in all case the measures expressed in the lyrics to), b) and c) of the article 25.1.
Article 24. Competition and evaluation procedure.
1 assessment of the needs of the victim and the determination of protective measures are: to) during the investigation of the offence, the magistrate or of violence against women, without prejudice to provisional assessment and resolution that should make and adopt the Prosecutor, in its investigation proceedings or in proceedings under the law of criminal responsibility of the minor , or the officials of police that act in the phase initial of the research.
(b) during the trial, the judge or court that paid the knowledge of the cause.
The resolution to be adopted should be motivated and will reflect what are the circumstances that have been valued for its adoption.
Is will determine regulations it processing, the record documentary and the management of the assessment and their modifications.
2. the assessment of the protection needs of the victim always include that of those that have been expressed by it for this purpose, as well as the willingness expressed.
The victim may waive the protection measures which had been agreed in accordance with articles 25 and 26.
3. in the case of victims who are minors or people with disabilities in need of special protection, evaluation will take into consideration their views and interests.
4. the services of assistance to the victim may only provide to third parties information it had received from the victim with the prior and informed consent of the same. Out of those cases, the information only may be transferred, in their case, and with character reserved, to the authority that adopts the measure of protection.
5. any modification relevant of them circumstances in that is had based the evaluation individual of them needs of protection of the victim, will determine a update of the same and, in his case, the modification of them measures of protection that had been agreed.
Article 25. Measures of protection.
(1. during the phase of research may be taken the following measures for the protection of them victims: to) that is les receive statement in dependencies especially designed or adapted to such end.
(b) that is les receive statement by professional that have received a training special to reduce or limit damages to the victim, or with your help.
(c) that all statement takes a same victim are carried out by the same person, except that this damage can be done in a relevant way the development process or should take the statement directly by a judge or a Prosecutor.
(d () taking of statement, where some of the victims referred to in numbers is 3rd and 4th of the letter b) of paragraph 2 of article 23 and the victims of trafficking for sexual exploitation, is carried out by a person of the same sex as the victim when it requests it unless this damage can be done in a relevant way the development process or the statement be taken directly by a judge or Prosecutor.
2 during the prosecution phase may be adopted, in accordance with the provisions of the law of Criminal Procedure, the following measures for the protection of the victims: to) measures that avoid eye contact between the victim and the alleged perpetrator, even during practice the test, for which you can make use of communication technologies.
(b) measures to ensure that the victim may be heard without being present in the courtroom, through the use of appropriate communication technologies.
(c) measures to avoid being asked questions relating to the private life of the victim having no relevance with the offence prosecuted, unless the judge or court considers exceptionally that must be answered to properly assess the facts and the credibility of the statement of the victim.
(d) conclusion of the oral hearing without the presence of the public. In these cases, the judge or the President of the Court may allow, however, the presence of those who prove a special interest in the cause.
((The measures to which is referred them lyrics to) and c) also may be taken during the phase of research.
3. also, also can agree is, for the protection of them victims, the adoption of any or some of them measures of protection to is concerns the article 2 of the law organic 19 / 1994, of 23 of December, of protection to witnesses and experts in causes criminal.
Article 26. Measures of protection for minor and people with disabilities in need of special protection.
1. in the case of minor victims and the victims with disabilities need special protection, in addition to the measures provided for in the preceding article shall be adopted, in accordance with provisions in the Criminal Procedure Act, the measures that are necessary to prevent or limit, as far as possible, that the development of the investigation or the trial to become a new source of damages for the victim of the crime. En_particular, the following shall apply: a) declarations received during the research phase will be recorded by audio-visual means and can be reproduced in the judgment in the cases and conditions determined by the law of Criminal Procedure.
(b) the Declaration may be by means of experts.
2 the Prosecutor shall seek the judge or court the appointment of a judicial victim advocate, represent it in the investigation and criminal proceedings, in the following cases: to) when values that the legal representatives of the minor victim or judicially modified capacity have with it a conflict of interest, derived or not from the researched fact It cannot rely on an adequate management of interests in investigation or criminal proceedings.
((b) when the conflict of interests to is concerns the letter to) of this paragraph exists with one of them parents and the other not is find in conditions of exercise properly their functions of representation and assistance of the victim less or with capacity judicially modified.
(c) while the victim under age or legally modified capacity is not accompanied or separated from those who exercise parental authority or charges tutelary.
3. when exist doubts on the age of the victim and not can be determined with certainty, is presumed that is is of a person less of age, to them effects of it provisions in this law.
TITLE IV common provisions CHAPTER I to the victims article 27 assistance offices. Organization of the Office of assistance to victims.
1. the Government and them communities autonomous that have assumed competences in matter of Justice will organize, in the field that les is own, offices of assistance to the victims.
2. the Ministry of Justice or the autonomous communities may conclude cooperation agreements with public and private entities, nonprofit, to provide the assistance and support services referred to in this title.
Article 28. Functions of the Office of assistance to victims.
(1. the offices of assistance to the victims will lend an assistance that will include as minimum: to) information general on their rights and, in particular, on the possibility of access to a system public of compensation.
(b) information on them services specialized available that can provide assistance to the victim, to the view of their circumstances personal and the nature of the crime of that may have been object.
(c) support emotional to 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 have access to legal aid.
(e) advice on risk and how to prevent secondary or repeated, victimization or bullying or retaliation.
(f) coordination of the various bodies, institutions and competent authorities for the provision of support services to the victim.
(g) coordination with judges, courts and Ministry Fiscal for the provision of the services of support to the victims.
2 victim assistance offices carried out an assessment of its merits, especially with regard to the circumstances referred to in paragraph 2 of article 23, with the aim of determining what measures of assistance and support should be provided to the victim, which may include: a) the provision of support or psychological assistance.
(b) the accompanying opinion.
(c) information on psychosocial resources and assistance available and, if the victim requests, referral to them.
(d) them measures special of support that may be necessary when is question of a victim with needs special of protection.
(e) the referral to specialist support services.
3 access to support services to victims will not be condition to the prior lodging of a complaint.
4. the relatives of the victim can access support services to victims in accordance with what is available according to the rules, in the case of offences which have caused serious damage.
5. the victims with disabilities or special needs of protection, as well as where appropriate their families, receive, directly or through their referral to specialized services, assistance and support that are necessary.
Article 29. Performances of restorative justice and unofficial solution support functions.
Victim assistance offices will, in the terms to be determined by regulation, support services of restorative justice and other unofficial procedures legally established.
CHAPTER II training article 30. Training in the principles of protection of victims.
1. the Ministry of Justice, the General Council of the judiciary, the General Prosecutor's Office of the State and the autonomous communities, in the scope of their respective powers, ensure training general and specific, relative to the protection of victims in criminal proceedings, in the training of judges and magistrates, prosecutors, court clerks, forces and security corps , medical examiners, staff at the service of the administration of Justice, staff offices of assistance to victims and, in his case, officials of the General Administration of the State or the autonomous communities that play roles in this matter.
In these training courses will pay particular attention to victims in need of special protection, those in which there are factors of particular vulnerability and minor victims or disabled.
2. colleges of lawyers and attorneys will boost the training and awareness of their collegiate on the principles of protection of victims contained in this law.
Article 31. Protocols.
The Government and the autonomous communities within the framework of its competences, in order to make more effective protection of victims and their rights recognized by this law, shall adopt protocols that are necessary for the protection of the victims.
Also, them schools professional that integrate to those that, in its activity professional, is relate and lend services to them victims of crimes, will promote also the elaboration of protocols of performance that guide its activity towards the protection of them victims.
CHAPTER III cooperation and good practices article 32. Cooperation with professional and evaluation of the care to the victims.
The powers public will encourage the cooperation with them collective professional specialized in the try, attention and protection to the victims.
Is will promote the participation of these collective in them systems of evaluation of the operation of them standards, measures and others instruments that is adopt for the protection and assistance to the victims.
Article 33. Cooperation international.
Public authorities, members of the European Union will promote cooperation with other States and especially with States rights of victims of crime, in particular through the exchange of experiences, promotion of information, submission of information to facilitate assistance to specific victims by the authorities of their place of residence, awareness, research and education , cooperation with civil society, assistance to networks on the right of the victims and other related activities.
Article 34. Awareness.
Public authorities shall promote campaigns on behalf of victims social awareness, as well as self-regulation of the media of public and private ownership in order to preserve privacy, dignity and other rights of the victims. These rights must be respected by the media of social communication.
CHAPTER IV refund article 35 obligation. Obligation to refund.
1. the person that had benefited from subsidies or aid received by their victim status and that would have been subject to any protective measures regulated by this law, shall be bound to reimburse amounts received in this concept and to the payment of the expenses caused to the Administration for his performances of recognition, information, protection and support , as well as by the services rendered with an increase of the interest legal of the money increased in a fifty per cent, if outside condemned by denounces false or simulation of crime.
2. the procedure of liquidation of the former obligation of refund and the determination of the amounts that can correspond to each concept is will determine regulations.
3. This provision will apply without prejudice of it planned in the law of assistance legal free.
First additional provision. Evaluation periodic of the system of care to the victims of the crime in Spain.
He operation of them institutions, mechanisms and guarantees of assistance to the victims of the crime will be object of an evaluation annual, that is take to held by the Ministry of Justice according to the procedure that is determine regulations.
These evaluations, whose results will be published in the website, will guide it improves of the system of protection and the adoption of new measures to ensure its efficiency.
Government shall transmit an annual report with the assessment and proposals for improvement of the system of protection of victims and measures that guarantee their effectiveness to the Cortes Generales.
Second additional provision. Media.
The measures included in this law may not assume increased allocations of staff, or remuneration of other staff costs.
Sole transitional provision. Temporary application.
The provisions contained in this Act shall apply to victims of crime from the date of its entry into force, without involving a feedback of the procedures have already been fulfilled.
Provision repealing only. Repeal legislation.
Shall be repealed all the rules of rank or less they do contradict the provisions of this law.
First final provision. Modification of the law of prosecution Criminal for the purposes of the transposition of some of them provisions contained in the directive 2012 / 29 / EU of the Parliament European and of the Council, of 25 of October of 2012, by which is establish standards minimum on them rights, the support and the protection of them victims of crimes.
The law of Criminal procedure is hereby amended as follows: one. It modifies the article 109, that is drafted as follows: «article 109.»
In the Act received statement by the judge to the victim that had the legal capacity, the clerk will instruct you law that assists you to show in the process and give up or not to the return of the thing, repair of damages and compensation for the injury caused by the punishable. Also you will inform of them rights collected in the legislation current, and may delegate this function in personal specialized in the assistance to victims.
If it was a minor or had the ability to legally amended, shall be equal diligence with their legal representative or the person who may assist you.
Out of the cases provided for in the preceding two paragraphs, shall not be interested in civil or criminal actions notification that continue or stop the course of the cause, which does not preclude the clerk seek to instruct that right to the injured away.
In any case, in the processes that are followed by offences covered in article 57 of the Penal Code, the clerk will ensure communication to the victim of the procedural acts that may affect your safety.»
Two. Will introduces a new article 109 bis, with the following wording: «article 109 bis.»
1. the victims of crime that had not waived its right may exercise criminal action at any time before the application for qualification of the offence, although it will not allow go back and reiterate the activities already practiced before its representation.
In the event of death or disappearance of the victim as a result of the offence, criminal proceedings can be exercised by non-separated spouse legally or in fact and by the children of this or the spouse not separated legally or in fact that at the time of the death or disappearance of the victim live together with them. by the person that until the time of the death or disappearance had State United to she by an analog relationship of affection and by them children of this that in the time of the death or disappearance of the victim live together with she; by their parents and relatives in straight or collateral line up to the third degree is found in his custody, persons subject to his tutelage or guardianship or is found under your foster.
In case of not exist them earlier, may be exercised by them others relatives in line straight and by their brothers, with preference, between them, of which holding the representation legal of the victim.
2. the exercise of the action criminal by any of them people legitimized according to this article not prevents your exercise later by any other of them legitimate. When there is a plurality of victims, all them may appear is independently with its own representation. However, in these cases, when the good order of the process or the right to a trial without undue delay, the judge or court, may be affected in reasoned ruling and after hearing all the parties, it may impose that they be grouped together in one or more representations and that they are directed by the same or multiple defenses, because of their respective interests.
3. the criminal proceedings may also be exercised by victims ' associations and legal persons that the law recognizes legitimization to defend the rights of victims, provided that it was authorized by the victim of the crime.
«When the crime or lack committed has by purpose prevent u hinder to them members of them corporations local the exercise of their functions public, may also present is in it cause it administration local in whose territory is has committed the made punishable.»
Three. Amending article 110, which is worded as follows: «article 110.
Those workers affected by a crime or failure that have not renounced their right can show party in the cause if they did so before the process of qualification of the crime and exercise civil actions proceeding, as you agree to them, without to why are back out in the course of the proceedings.
«Even when the handicapped not display part in the cause, this means that they renounce the right of restitution, repair or compensation which in their favor may be decided in judgment, being necessary to make the waiver of this right in the case of a clear and strict manner.»
Four. Amending article 261, which is worded as follows: «article 261.
Not obliged to report: 1 the spouse of the offender not separated legally or in fact or person that live together with him in similar relation of affectivity.
«2nd ascendants and descendants of the offender and collateral relatives up to the second degree inclusive.»
5. Amending article 281, which is worded as follows: «article 281.
They are exempt from compliance provisions of the previous article: 1 the victim and his heirs or legal representatives.
2nd in the crimes of murder or homicide, the spouse of the deceased or person linked to it by a similar relation of affectivity, ascendants and descendants and collateral relatives up to the second degree inclusive, the heirs of the victim and parents, mothers and children of offenders.
3rd the associations of victims and legal persons that the law recognizes legitimization to defend the rights of victims whenever the exercise of criminal action had been expressly authorized by the own victim.
«The exemption of bail not is applicable to those foreigners if not them corresponds under treated international or by the principle of reciprocity.»
6. Paragraph shall be first amended article 282, which is worded as follows: «Judicial Police aims and will be the obligation of those who compose it, figure out the public crimes that were committed in their territory or demarcation; practice, according to their powers, them proceedings necessary to check them and discover to them criminals, and collect all them effects, instruments or tests of the crime of whose disappearance has danger, putting them to disposal of the authority judicial. When victims are in contact with the Judicial Police, it shall comply with the duties of information foreseen by the current legislation. In addition, they carry out an assessment of the particular circumstances of the victims to determine provisionally protective measures must be adopted to ensure them adequate protection, without prejudice to the final decision that will be taken to the Court.»
7. Amending article 284, which is worded as follows: «article 284.
Immediately that Judicial police officers have knowledge of a public offence or may be required to prevent the statement of proceedings by reason of a private crime, will include it to the judicial authority or the representative of the public prosecutor, if they could do so without ceasing in the practice of the measures of prevention. In another case, they will make it so they have completed them.
If they had collected weapons, instruments or effects of any kind that could be related to crime and are staying in the place in which it was committed or in its vicinity, or in the possession of the accused or known elsewhere, they extend expressive diligence of the place, time and occasion in which are found, which will include a thorough description so thorough idea of the same and the circumstances of its discovery can be that it may be replaced by a graphic report. Stagecoach will be signed by the person in whose possession they were found.
The seizure of effects that could belong to a victim of the offense shall be communicated to it.
The person affected by the seizure may have recourse anytime measure before the magistrate in accordance with the provisions of the third paragraph of article 334.»
8. Amending article 301, which is worded as follows: «article 301.
Of summary proceedings will be reserved and shall not be public until open oral proceedings, with the exceptions specified in this law.
The lawyer or Attorney of any of the parts that reveal unduly the content of the summary, will be corrected with fine of 500 to 10,000 euros.
In the same fine shall incur any other person that not being official public Comet the same lack.
«He official public, for those paragraphs earlier, will incur in the responsibility that the code criminal point instead respective.»
9. Will introduces a new article 301 bis, with the following wording: «article 301 bis.»
«He judge may agree, of trade or to instance of the Ministry Fiscal or of the victim, it adoption of any of them measures to is refers the paragraph 2 of the article 681 when is necessary for protect the privacy of the victim or the respect due to the same or to its family.»
10. Two new third and fourth paragraphs are introduced to article 334, with the following wording:
«The person affected by the seizure may be made at any time measurement before the magistrate. This resource does not require of the intervention of lawyer when is presented by third people different of the accused. The resource means filed when the person affected by the measure or one relative of legal age had expressed their dissatisfaction at the same time.
The effects that belonged to the victim of the crime will be immediately restored to it, except that they should exceptionally be preserved as means test or to the practice of other proceedings, and without prejudice to its restitution as soon possible. The effects will be also restored immediately when they should be preserved as a means test or to the practice of other proceedings, but its 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, appeal this decision pursuant to the preceding paragraph.'
Eleven. Amending article 433, which is worded as follows: «article 433.
To the present is to declare, them witnesses delivered to the Secretary the copy of the certificate of citation.
Adult criminal witnesses will give oath or promise to tell everything supieren with respect to what is asked, while the judge obliged to inform, in a language clear and understandable, obligation that have to be truthful and the possibility of incurring a crime of perjury in criminal case.
Them witnesses that, in accordance with it willing in the Statute of the victim of the crime, have it condition of victims of the crime, may do is accompany by its representative legal and by a person of its choice during the practice of these proceedings, unless in this last case, accordingly, is resolved it contrary by the judge of instruction for ensure the correct development of it same.
In the case of witnesses under age or people with judicially modified capacity, the investigating judge may agree, when it is necessary to avoid causing serious damages, Declaration by the intervention of experts and with the intervention of the public prosecutor's Office taken them in view of the lack of maturity of the victim. For this purpose, you can also remember the questions move to the victim directly by the experts or, even, exclude or limit the presence of the parties instead of the exploration of the victim. In these cases, the judge shall ensure to facilitate the parties the possibility of moving questions or seek clarifications from the victim, whenever it is possible.
«The judge will order the recording of the statement by media audiovisual.»
12. Amending article 448, which is worded as follows: «article 448.
If the witness manifestare, to the do you it prevention referred in the article 446, it impossibility of attend by have of leave is of the territory national, and also in the case in that any reason rationally quite for fear its death or inability physical or intellectual before the opening of the trial oral, the judge instructor will send practice immediately it statement, ensuring in all case it possibility of contradiction of them parts. For this, the Secretary judicial will make know to the reo that name lawyer in the term of twenty-four hours, if still not it has, or of it contrary, that is you will appoint of trade, so you advise in the Act of receive the statement of the witness. Elapsed said term, the judge will receive oath and will return to examine to this, to presence of the processing and of his lawyer defender and to presence, also, of the Fiscal and of the complainant, if nay attend to the Act, allowing to these make you few cross-examination have by suitable, except that the judge dismiss as manifestly impertinent.
The answers to these questions shall be recorded by the clerk of the Court, and this diligence will be signed by all participants.
The witnesses under age and persons with judicially modified capacity may be performed avoiding visual confrontation with the accused, using any technical means which make it possible to practice this test.»
13. Paragraph 7 of article 544 ter, which is drawn up is modified as follows: "7. civil measures must be requested by the victim or his/her legal representative, or by the public prosecutor when there are minor children or persons with the ability to legally amended, determining your compliance regime and, if appropriate, the follow-up to them that were precise» , provided that no had been previously agreed by a body of civil court order, and without prejudice to the measures provided for in article 158 of the Civil Code. When exist under or people with capacity judicially modified that coexist with the victim and depend on of she, the judge must to pronounce is in all case, even of trade, on the relevance of the adoption of them referred measures.
These measures may consist in the attribution of the use and enjoyment of the family home, establishing the status of guard and custody, visits, communication and stay with minors or persons judicially modified capacity, the regime for the provision of food, as well as any provisions deemed to be timely in order to turn them from a danger or prevent them damages.
The measures of character civil contained in the order of protection will have a validity temporary of 30 days. If within this term was initiated to instance of the victim or of his representative legal a process of family before the jurisdiction civil, them measures taken will remain in force during them thirty days following to the presentation of the demand. «In this term the measures must be ratified, modified or left without effect by the judge of first instance that is competent.»
Fourteen. Will introduces a new article 544 d with the following wording: «article 544 d.»
1 in cases where an investigation into a crime referred to in article 57 of the Penal Code, the judge or court, when it is necessary for the purpose of protection of the victim under age or legally amended, if capacity, shall accordingly some of the following measures: to) suspend the parental authority of one of the parents. In this case, you can set a regime of visits or communication in the interest of the minor or person with judicially modified capacity and, where appropriate, the conditions and guarantees that must be developed.
(b) suspend the guardianship, conservatorship, guardian or foster care.
(c) establish a system of supervision of the exercise of parental authority, guardianship or any other functions of guardianship or protection or support on the minor or person with the ability to legally changed, without prejudice the powers of the public prosecutor and the competent public authorities.
(d) suspend or modify the regime of visits or communication with the not partner or with another family that is found in force, when is necessary to ensure the protection of the minor or of the person with capacity judicially modified.
((2. when in the development of the process is put of manifesto the existence of a situation of risk or possible desamparo of a lower and, in all case, when were adopted some of them measures of them lyrics to) or b) of the paragraph previous, the Secretary judicial it communicated immediately to the entity public competent that have legally entrusted the protection of them under as well as to the public prosecutor, so that they can adopt the protective measures that may be necessary. Notify the same effects your hoist or any other modification, as well as the resolution referred to in paragraph 3.
3. after completion of the procedure, the judge or court, valuing only the interest of the person concerned, will ratify or lift up the protective measures that have been adopted. The public prosecutor's Office and the parties affected by the measure may apply to judge its modification or hoist in accordance with the procedure laid down in article 770 Civil procedure law.»
15. Amending article 636, which is worded as follows: «article 636.
Against dismissal cars only will proceed, in your case, the appeal.
The order of dismissal will be communicated to victims of crime, in the e-mail address and, failing that, by ordinary mail to the postal address or domicile that they have designated in the application referred to in article 5(1). m) of the law of the Statute of the victim of the crime.
In cases of death or disappearance caused by a crime, dismissed auto will be communicated in the same way people who referred to in the second subparagraph of paragraph 1 of article 109 bis, whose identity and email or postal address they had knowledge. In these cases the judge or court, you may agree, accordingly, dispense with the communication to all family members when already is has successfully directed several of them or when they have proved fruitless few efforts have been practiced for its location.
Exceptionally, for citizens living outside the EU, if an email address postal mail in which to perform the communication is not available, is send to the diplomatic or consular office in Spanish in the country of residence for that publication.
Five days after the communication, means that it has been validly performed and will deploy all of its effects, starting the computation of the period for filing of the appeal. Are hurricanes of this regime those alleged in which the victim accredits fair cause of the impossibility of access to the content of the communication.
Victims may bring the order of proceedings within the time limit of twenty days although they had shown not as a party to the cause.»
Sixteen. Amending article 680, which is worded as follows: «article 680.
Discussions of the trial will be public, under penalty of nullity, without prejudice to the provisions of the following article."
Seventeen. It modifies the article 681, that is drafted as follows: «article 681.»
1. the judge or court may decide, ex officio or at the request of either party, after hearing them, all or any of the acts or the trial sessions held behind closed doors, where so require it reasons of security or public order, or the adequate protection of the fundamental rights of those involved, in particular , the right to privacy of the victim, the respect due to the same or his family, or necessary to avoid victims relevant damages which, otherwise, could be derived from the ordinary development of the process. However, the judge or the President of the Court may authorize the presence of people that prove a special interest in the cause. The former restriction, without prejudice to the provisions of article 707, shall not apply to the public prosecutor to persons injured by the crime, the defendants, accusing private, civil actor and respective advocates.
2 also may agree to the adoption of the following measures for the protection of the privacy of the victim and members of their families: to) prohibit disclosure or publication of information relating to the identity of the victim of data which may facilitate identification of direct or indirect, or personal circumstances that would have been valued to resolve about their protection needs.
(b) prohibit the obtaining, disclosure or publication of images of the victim or of his family.
3 it is forbidden, in any case, disclosure or publication of information relating to the identity of minors victims or victims with disabilities need special protection, data that can facilitate their identification either directly or indirectly, or personal circumstances that would have been valued to resolve about their protection needs, as well as obtaining «, disclosure or publication of images his own or of his family.»
Eighteen. It modifies the article 682, that is drafted as follows: «Article 682.»
The judge or court, after hearing the parties, may restrict the presence of audiovisual media in the sessions of the trial and prohibit all or any of the hearings will be recorded when it is essential to preserve the order of the sessions and the fundamental rights of the parties and other actors, especially the right to privacy of victims , the respect due to the same or to your family, or the need of avoid to the victims damages relevant that, of another mode, could derive of the development ordinary of the process. For these purposes, you can: to) ban is to record the sound or the picture in the practice of certain tests, or determine what steps or actions can be recorded and disseminated.
(b) prohibit that is take and spread images of any or some of the people that in the involved.
(c) prohibited to provide the identity of the victims, witnesses or experts or anyone else involved in the trial."
Nineteen. Amending article 707, which is worded as follows: «article 707.
All witnesses are required to declare what supieren on what is asked, with the exception of the people expressed in the articles 416, 417 and 418, in their respective cases.
The Declaration of witnesses under age or in need of special protection disabled, will take place, where necessary to prevent or reduce damage arising for them of the development of the process or of the practice of the diligence, avoiding the visual confrontation with the accused. To this end, any technical means which make possible the practice of this test, including the possibility that witnesses may be heard without being present in the room through the use of communication technologies may be used.
«These measures will be equally applicable to them statements of the victims when of its evaluation initial or later derive the need of these measures of protection.»
Twenty. Amending article 709, which is worded as follows: «article 709.
The President will not allow the witness to answer questions or captious, suggestive or intrusive cross-examination.
The President may take measures to avoid that unnecessary questions relating to private life that have no relevance to the criminal offence prosecuted, except that the judge or court consider exceptionally that must be answered to properly assess the facts and the credibility of the statement of the victim are formulated to the victim. If these questions were formulated, the President will not allow that they are answered.
Against the resolution taken on this end the appeal, may be brought on their day if the corresponding protest is made in the Act.
In this case, it will consist in the Act the question or repregunta to which the President has forbidden reply.»
Twenty-one. Amending article 730, which is worded as follows: «article 730.
You can also read or played at the request of either party the proceedings in the summary, which, for reasons independent of the will of those, may not be reproduced in the oral proceedings, and statements received in accordance with the provisions of article 448 during the research phase to minor victims and victims with disabilities need special protection.»
Twenty-two. Amending paragraph 2 of article 773, which is worded as follows: ' 2. when the Prosecutor has news of an apparent criminal act, well directly or by being filed a complaint or overcrowded, inform the victim of the rights enshrined in the current legislation;» perform evaluation and resolution temporary needs of the victim in accordance with the provisions of the legislation and practice itself or instruct the Judicial Police to practice proceedings deemed relevant for the verification of the fact or the responsibility of holders in the same. The Prosecutor will Decree the file of the proceedings when the fact not magazine crime characters, communicating with expression of this circumstance who was alleged to be harmed or offended, so that you can repeat their complaint before the judge of instruction. In another case will urge of the judge of instruction the initiation of the procedure that corresponds with remission of it acted, putting to its provision to the arrested, if it has, and them effects of the crime.
He Ministry Fiscal may do appear before itself to any person in them terms established in the law for the citation judicial, in order receive you statement, in which is observed them same guarantees indicated in this law for the lent before the judge or court.
«Will cease the tax in their proceedings as soon as have knowledge of the existence of a procedure judicial on them same made.»
Twenty-three. The rule is changed 1 of paragraph 1 of the article 779, which is worded as follows: «1st if it considers that the fact is not a criminal violation or does not appear sufficiently justified its perpetration, agreed the dismissal that corresponds. Yes, still believing that the fact may be constitutive of offense, there is no known author, agree the interim stay of proceedings and order the file.
The order of dismissal shall be communicated to the victims of the crime, in the email address and, failing that, postal address or domicile who had been appointed in the request referred to in article 5(1). m) of the law of the Statute of the victim of the crime.
In cases of death or disappearance caused by an offence, the order of dismissal will be communicated in the same way, people referred to the second subparagraph of paragraph 1 of article 109 bis, whose identity and email or postal address they had knowledge. In these cases the judge or court, you may agree, accordingly, dispense with the communication to all family members when already is has successfully directed several of them or when they have proved fruitless few efforts have been practiced for its location.
Exceptionally, for citizens living outside the EU, if an email address postal mail in which to perform the communication is not available, is send to the diplomatic or consular office in Spanish in the country of residence for that publication.
After five days from the communication, is means that has been effected validly and will deploy all their effects. Those cases in which the victim credit just cause of the denial of access to the content of the communication is hurricanes of this regime.
«The victims may resort the auto of dismissal within the term of twenty days although not is had shown as part in the cause.»
Twenty-four. Is modifies the paragraph 3 of the article 785, that is drafted as follows: «3. when the victim it has requested, although not is part in the process or should intervene, the Secretary judicial must inform you, by written and without delays unnecessary, of the date, time and place of the trial, as well as of the content of it accusation directed against the infringing.»
Twenty-five. Amending paragraph 2 of article 791, which is worded as follows: ' 2. the Court Clerk shall designate the view within fifteen days and she will be cited everywhere.» When the victim it has requested, will be informed by the Secretary judicial, although not is has shown part nor be required its intervention.
The view will be held beginning, in his case, by the practice of the test and for the reproduction of recordings if there is place to it. Then parties will summarize orally the results thereof and the basis of their claims."
Second final provision. Modification of the organic law 10/1995 of 23 November, of the criminal code.
Amending paragraph 2 of article 126 of the organic law 10/1995 of 23 November, of the Penal Code, which is worded as follows: ' 2. when the crime has been that only be pursued upon request, will they be satisfied the coasts of the private accuser with preference to the compensation from the State. " «Will have the same preference the payment of them coasts procedural caused to the victim in them alleged to is concerns the article 14 of the law of the Statute of the victim of the crime.»
Third final provision. Skill-related title.
This law is run under the protection of the exclusive competence in the field of penal and procedural legislation, attributed to the State by article 149.1.6. ª of the Spanish Constitution. Is except of it previous the title IV, that is dictates to the amparo of the competition exclusive in matter of administration of Justice attributed to the State by the article 149.1.5. ª of the Constitution Spanish, as well as it willing in the title I, that is dictates to the amparo of the competition exclusive in matter of regulation of them conditions Basic that ensure the equality of all them Spanish in the exercise of them rights and in the compliance of them duties constitutional, attributed to the State by article 149.1.1. ª of the Spanish Constitution.
Available to finish fourth. Enabling the Government for regulatory development.
Is enables to the Government to approve them provisions regulatory accurate for the development of it provisions in the present law.
Fifth final provision. Adaptation of the statutes General of the law and of the Attorney.
Schools and general tips for lawyers and solicitors shall take appropriate measures to adapt their respective statutes to the provisions of paragraph 2 of article 8 of this law, within a maximum period of one year from the entry into force.
Sixth final provision. Entry in force.
This law shall enter into force six months from its publication in the "Official Gazette".
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.
Madrid, 27 April 2015.
The Prime Minister, MARIANO RAJOY BREY
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