Is the Centre obliged to report assaults to the Police or the Court?+
No, there is no obligation. In Spain, the obligation to report is more a moral matter than a legal one. In fact, the Code of Criminal Procedure, in Article 259, only provides for a fine of 15 cents to one euro and 50 cents for anyone who witnesses a crime and does not report it.
What should I do following an assault?+
The first step, after the assault, is to call the Police so they can gather all the data and evidence (camera recordings), speak with witnesses, identify the perpetrators and detain them if appropriate. Finally, the Police will leave an information note at the station for when you file the complaint. When the Police arrive, you should ask them for their badge numbers and the station they belong to, so that when you file the complaint, the Court can request all information directly from the Police. In the case of injuries, you should seek medical attention so that a medical report can be produced detailing the injuries sustained (pain, bruising, grazes, etc.).
Is it necessary to file a complaint for the Police or Court to act? What happens if I do not file one?+
A complaint that is not filed is as if it never happened. As the Police Healthcare Liaison explains: you can file with the Police or with the Court, but since the objective is to have the perpetrator prosecuted, it is best and fastest to submit it directly to the Court. If the Court considers that it needs the assistance of the Police for any investigation of the facts or to identify the perpetrator, the Court will contact the Police directly.
What compensation can I obtain for these offences?+
First of all, every offence gives rise to civil liability (compensation). In this case, no specific minimum or maximum figure can be given, as each offence and each set of facts produces different consequences and affects each person differently. For injury offences, the Road Traffic Accident Compensation Scale should be taken into account; as an example, injuries consisting of neck abrasion and costal chondritis taking 10 days to heal with moderate impairment amount to €650; receiving blows resulting in bruising may be around €200. In the case of the offence of assault on an authority figure, sentences range from 6 months to 3 years' imprisonment.
What are the penalties for the accused?+
As with compensation, this depends on the severity of the events. For minor offences, the limit is a 3-month fine. For offences involving assault on healthcare workers carrying out public duties, sentences range from 6 months to 3 years' imprisonment. For injury offences, penalties range from 3 months to 3 years' imprisonment or a fine of 6 to 12 months; 2 to 5 years' imprisonment if a weapon or dangerous instrument is used; up to 6 to 12 years' imprisonment if the loss of a principal organ or limb, a sense, impotence, sterility, serious deformity, or serious physical or psychological illness is caused.
How are online complaints processed?+
If you want to know how the submission is made, who can submit documents during the judicial proceedings, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.
What offences are committed when a healthcare worker is physically or verbally assaulted?+
In practice, the same offences may arise as for any other person. However, the most important thing is to know whether the offences are committed against the healthcare worker in the exercise of public duties or not. Physically assaulting a healthcare worker whilst they are doing their job is not the same as assaulting them during a private activity. In 2015, the Criminal Code was reformed and Article 550 gave healthcare workers the same protection as authorities and public servants, although there had already been rulings affording them that additional protection. Therefore, if the assault occurs in the exercise of public duties, we may first encounter an offence of assault on an authority figure, and then, depending on the type of assault, it could be an offence of injury, defamation, threats, coercion, etc.
Who is considered a public authority in the healthcare sector?+
We will begin with a straightforward answer: none of them are public authorities. What healthcare workers have is the same protection as a public authority and, for this reason, any assault against them will be treated in the same way as offences committed against a public authority. Consequently, none of them are public authorities, but all healthcare workers carrying out public duties will be protected by these offences as if they were a public authority.
Who is considered a public servant for the purposes of the Criminal Code?+
The definition of a public servant under the Criminal Code is found in Article 24.2, which states that individuals hold the status of public servants when they have been appointed by direct provision of the law, by election, or by appointment of a competent authority. Therefore, workers of private healthcare companies or institutions, even if these participate (through concession or in any other way) in the exercise of social functions, do not hold the status of public servants for criminal purposes and therefore do not have the protection of the offence of assault on an authority figure. As an exception, Article 554 applies more severe penalties when the assault occurs while coming to the aid of an authority figure or while intervening in a disaster, public calamity, or emergency situation, even if the person is not a public servant under Article 24.2.
What if I am non-healthcare staff working at a health centre?+
In this case, if you are a public servant under Article 24.2 of the Criminal Code, as we explain in the question 'Who is considered a public servant for the purposes of the Criminal Code?', Article 550.1, first paragraph, will apply. You will have the same protection as healthcare staff.
What is the difference between an injury offence and a minor injury offence?+
The definition is straightforward and is set out in the Law itself: an injury is one that objectively requires, in addition to initial medical attention, medical or surgical treatment. However, mere monitoring or medical supervision of the course of the injury will not be considered medical treatment. For example, an injury requiring stitches constitutes an injury offence. All others are minor offences. As an example, a minor offence is a blow that causes bruising or not, such as a shove. Another difference is the type of penalty: injury offences carry custodial sentences that increase according to the severity of the injuries, whilst minor offences carry a fine of up to 3 months.
Are threats also an offence?+
Yes — threats in which the intention to cause harm or danger to a person or people in their circle (family, friends, colleagues, etc.) is announced constitute an offence. Here too, a distinction must be made between an offence and a minor offence. To do so, the circumstances in which the event occurs must be analysed: the intensity of the threats, the fear they cause, the seriousness of the threats, the actions carried out following the threat, and the credibility of the threats.
What is the offence of coercion?+
An offence of coercion may be serious or minor, and prohibits compelling a person to carry out or refrain from an act against their will. For example, a patient banging on the door to force the healthcare worker to come out, or acting in an intimidating manner to be seen first.
Is disrespectful behaviour an offence?+
If the person is not an authority figure under the Criminal Code, as we explain in 'Who is considered a public authority in the healthcare sector?', it will not constitute an offence, as minor defamation offences have not been criminal since 2015. Only serious defamation is an offence, for example when carried out publicly. Although there have been Court rulings that convicted disrespectful behaviour ('what a terrible nurse', 'shameless', 'horrible person', 'idiot', etc.), these have been appealed and the convictions overturned, with acquittals ultimately handed down. In such cases, it will be necessary to assess whether a minor offence of threats or coercion has occurred.
What is the average duration of criminal proceedings?+
According to the statistics of the General Council of the Judiciary, the average duration of the first stage of criminal proceedings (Preliminary Investigations) is 3 months. The average duration of the second stage up to the verdict is 10 months. Therefore, from the complaint to the Verdict, between 8 and 21 months may pass, depending on the Autonomous Community in which the events take place. Aragon is the fastest and Castile and León the slowest.
Can I obtain the patient's personal data in order to file a complaint?+
The Spanish Data Protection Agency (AEPD) has determined in various consultations that the processing of personal data relating to the opposing party in litigation falls within the right of all citizens to use all relevant means of evidence for their defence. The personal data processed must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed in the exercise of their rights and legitimate interests.
How long do I have to file a complaint? When do the facts become time-barred?+
It is best to file a complaint on the same day or within three days of suffering the assault. Filing the complaint interrupts (resets the clock) or suspends (halts the passage of time) the limitation period. Therefore, the sooner the better. Offences become time-barred depending on their severity; for example, minor offences expire after one year, and the remaining offences from 5 to 20 years depending on their severity.
My word against theirs? Why would the Judge believe me?+
This is a common question, but you should know that it is very common for there to be no witnesses or camera footage in these types of offences, and this does not prevent the perpetrator from being convicted. To assess the credibility of the victim, many things are considered, such as whether the account given to the security guard, the police, and the court is essentially consistent; whether there was any prior relationship with the accused; whether there is any motive for revenge; whether there is any circumstance affecting the victim's perception of reality; and peripheral factors are also considered, such as whether the Police were called and whether medical attention was sought after the assault. Generally, the victim's account is called into question when there are elements that cast doubt on their credibility. Therefore, even if you only have your own account, this is sufficient to file a complaint and secure a conviction.
Is there a possibility of reaching an agreement with the accused?+
Yes, of course — in law this is called reaching a plea agreement. It can vary greatly in its terms and conditions. Even if an agreement is reached during the first stage of the proceedings, a one-third reduction in the sentence is applied. The accused has the opportunity to reach a plea agreement right up until the trial begins, even minutes before. Such an agreement will set out the offences, the sentences, the compensation paid (if any has been paid), and whether any mitigating or aggravating factors are taken into account. In the event of a plea agreement, the Verdict is handed down that same day and the agreement generally cannot be appealed, since no one can act against their own actions and agreements are binding.
How does a criminal process work?+
The criminal process, in general terms, is straightforward: 1. The complaint is filed and the Court decides whether to admit it. 2. If the complaint is admitted: a) in the case of minor offences, the parties will be summoned directly to trial; b) in the case of more serious offences, preliminary investigation proceedings will be initiated. 3. During the preliminary investigations (Instruction), statements will be taken from the accused and the victim; identification parades may be held; reports from the forensic doctor may be requested; inspection of the scene of the crime may be requested; etc. 4. Once the preliminary investigation phase is complete, if there is evidence of an offence and the perpetrators are known, the Judge will order the charge. If charged, the parties will submit their statement of prosecution and statement of defence. 5. The trial is held and a Verdict is delivered. In a trial for a minor offence, your presence will only be required on the day of the trial. For proceedings involving more serious offences, your presence will be required on at least two occasions: to give a statement during the investigation and at the trial. And you will only receive two notifications: to give a statement and for the trial. Throughout the entire process, no one will contact you to keep you informed of any other matter.
Does processing the submission of the complaint mean that a solicitor will defend you?+
You can find the answer to this question in our General FAQ by clicking here. by clicking here.
On what grounds can a complaint be rejected?+
In general, if injuries, threats or coercion are described in the complaint, it will normally be admitted. If, in addition, witnesses, medical reports, etc. are provided to demonstrate that this occurred, there is even greater reason for it to be admitted. Rejection occurs primarily when only mere suspicions that an offence has been committed are provided, and no facts that could constitute an offence are described.
Can the rejection be appealed?+
Yes — the Code of Criminal Procedure establishes in Article 779.1.1 that if a rejection occurs and the proceedings are filed, the victim must be notified by post to the address they provided and will have 20 working days to appeal from the date of notification. It is also true that Courts are slow and often fail to issue these notifications. In that case, it may happen that, with no one monitoring the situation, the offence becomes time-barred. Normally, the Court will decide on admission within 20 days of the complaint being filed. Therefore, it is advisable always to stay alert and attentive, as the Court can be asked to progress the proceedings.
Do I need a solicitor to defend me?+
The answer should be no. For minor offences, it is not necessary to have a solicitor, and for more serious offences only the accused is legally required to have a solicitor and procurator. In any case, the position of the complainant, when they do not have a solicitor, is defended by the Public Prosecutor. The Public Prosecutor, if they consider the facts to constitute an offence, has the function and obligation to promote the action of Justice in defence of the law, the rights of citizens and the public interest protected by Law — that is, they will seek a conviction and compensation if deemed necessary. If they do not consider the facts to constitute an offence, they will request that proceedings be closed and will not seek any conviction. And they may do so without consulting or meeting with you. In practice, they will normally not meet with you, keep you informed of the progress of the case, help you prepare for the trial, nor can you ask them to appeal a ruling that goes against your interests. Therefore, if you want to stay informed, be aware of the proceedings, receive updates on the process and ensure that your interests are defended, it is best to engage the services of a solicitor.
If I have legal expenses insurance, can it cover all my solicitor's costs?+
You can find the answer to this question in our General FAQ by clicking here. by clicking here.
If I instruct a solicitor and win, will I be awarded costs?+
If the case involves only a minor offence — that is, where the offence of assault on an authority figure is not included — the Judge will only award costs if bad faith on the part of the complainant or in the conduct of the accused is found. This is because minor offences do not require the involvement of a solicitor and procurator. For serious offences, for example where the offence of assault on an authority is included, the accused is required by Law to have a solicitor and procurator; it is optional for the complainant, as we explain in 'Do I need a solicitor to defend me?' In the latter case, it is possible that the Judge will award a costs order against the convicted party and that they will have to pay your expenses.
How can I instruct you as solicitors for the entire proceedings?+
If you would like to use the Legal Services of our partner network to advise you throughout the proceedings and to always be informed and prepared, please contact us via the following form, where we only need your name, telephone number and email address, together with your preferred contact method (email or telephone) and your available hours (morning or afternoon). Initially, we will listen to you, analyse the documentation and, from that, determine the type of proceedings, inform you of the prospects of success, and finally provide you with the fees for each step before the Court.
Can a foreign national file a complaint?+
Yes. Any person may file a complaint in relation to any type of offence with the same procedural guarantees as a Spanish citizen, regardless of whether or not you live in Spain.
Can complaints be filed online?+
You can find the answer to this question in 'Can judicial proceedings be initiated online?' (GENERAL FAQ)
Is an online complaint valid for making an insurance claim?+
Yes, it is perfectly valid as it is one of the legally accepted ways of filing a complaint. The receipt we send you will digitally certify the first page of the complaint and its submission to the Court. We will also send you a full copy of the complaint so you can submit it to your insurer. This is how Reclamo.app simplifies your legal journey without you needing to be an expert.
Can a complaint be submitted by telephone?+
Yes, but any complaint submitted by telephone must be submitted in writing within the following 24 to 48 hours. If you do not submit it in writing, it is of no use.
How do online complaints work?+
If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.
How can you find out which Court exactly is handling my complaint?+
Complaints take an average of 30 days to be processed, but you can find out sooner by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. For example, if we file a complaint about events that took place in the city of Barcelona, we will need to go to the Registry and Distribution Office at the Barcelona Palace of Justice.
How can you identify the case number of my complaint?+
In the same way as finding out which Court is handling your complaint — by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. There you will obtain the Court and the case number, which is all you need to communicate with the Court.
Do you need a solicitor and/or a Procurator to file a complaint?+
You can find the answer to this question in our General FAQ by clicking here. by clicking here.
If you file the complaint with Reclamo.app, will I be defended by a Solicitor?+
You can find the answer to this question in our General FAQ by clicking here. by clicking here.
If you do not have a solicitor, who defends you?+
The first thing you should know is that a complaint only serves to inform the Justice system of facts that constitute an offence, so that the necessary investigations can be initiated to identify the perpetrator, establish the details and take statements from witnesses. In the criminal courts there is always a Public Prosecutor who will be aware of your case, and you will also be able to contact them in person, by telephone or by email.
What do you need to do if you want a private solicitor to defend you?+
You can contact us and we will indicate which partner professional can defend you in the Court handling the complaint. The power of attorney does not need to be granted before a Notary; it can also be done electronically if you have a digital certificate.
What can Reclamo.app do for you after filing the complaint?+
Our primary function is to assist you with procedures and with drafting documents so that you can handle everything yourself, without needing a solicitor or procurator. You can also count on our support throughout the entire process through the various follow-up services we offer. If you need a one-off legal consultation, you can also request a video call with a solicitor specialising in Criminal Law who will be able to advise you on legal matters. The consultation will have a set cost and duration.
If I have legal expenses insurance, can it cover all my solicitor's costs?+
You can find the answer to this question in our General FAQ by clicking here. by clicking here.
