Crime Victims’ Statute

FELIPE VI

KING OF SPAIN

To all who see and understand the present.

Know: That the Cortes Generales have passed and I come to pass the following law:

PREAMBLE

I

The purpose of drafting a law constituting the legal status of the victim of the crime is to offer from the public authorities as wide a response as possible, not only legal but also social, to the victims, not only to compensate for the damage in the context of criminal proceedings, but also to minimize other traumatic effects in moral terms that their condition can generate, regardless of their procedural situation.

Therefore, this Statute, in line with European legislation on the subject and with the demands of our society, seeks, on the basis of recognition of the dignity of the victims, the defence of their material and moral assets and, thereby, of those of society as a whole.

With this Statute, Spain will bring together in a single legislative text the catalogue of the rights of the victim, on the one hand transposing the European Union Directives in this field and, on the other hand, taking into account the particular demand of Spanish society.

II

The background and remote foundations of this Statute for the victim of crime are set out in Council Framework Decision 2001/220/JHA of 15 March 2001 on the status of the victim in criminal proceedings, which recognizes a set of rights of victims in criminal proceedings, including the right to protection and compensation, and which was the first in-depth project of the European legislator to achieve a homogeneous recognition of the victim within the European Union, the germ of subsequent special legislation.

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

With regard to Spain, this report highlights the existence of a normative framework guaranteeing the rights of the victim, although much of these rights are exclusively procedural or focus on some very specific types of victims according to their particular legislation, i.e. Act No. 35/1995 of 11 December 1995assistance and assistance to victims of violent crimes and sexual freedom (developed by Royal Decree 738/1997 of 23 May 1997), the Organic Law 1/1996 of 15 January 1996of the Legal Protection of Minors, Organic Law 1/2004 of 28 December 2004measures to protect against gender-based violence, as well as Law 29/2011 of 22 September 2011of Recognition and Comprehensive Protection of Victims of Terrorism.

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 18 May 2011, entitled “Strengthening victims’ rights in the European Union”, reiterates the need to examine the aspects of existing protection that should be strengthened and the need for a European protection framework, such as that established by the Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011on the European protection order.

In this context, the adoption of the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA. It is therefore appropriate to transpose into national law not only the questions raised by the 2009 Commission report concerning the degree of transposition of Framework Decision 2001/220/JHA, but also the questions to be transposed under the special directives and the new rights and requirements contained in the new 2012 Directive.

This legislative text therefore not only meets the minimum requirements laid down by the European legislator with the text finally adopted in the abovementioned Directive 2012/29/EUbut tries to be more ambitious, by transferring to it the demands and needs of Spanish society, in order to complete the design of the rule of law, focused almost always on the procedural guarantees and the rights of the accused, accused, tried or convicted.

Indeed, with this focus of attention, it has been possible to note, and this is what our society is doing with its demands, a certain prostration of the rights and special needs of the victims of crime, which, in view of the higher value of justice that informs our constitutional order, it is necessary to address, and it is appropriate to do so precisely in connection with this transposition.

The time horizon for transposition of the directive extends until 16 November 2015, but since this general European standard is preceded by special rules requiring transposition at earlier dates, it has been decided to address this task in this text and to add to the general catalogue of victims' rights other rules of particular application for certain categories of victims.

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

III

This Statute on the Victim of Crime is intended to be the general catalogue of the rights, procedural and extra-judicial, of all victims of crime, notwithstanding references to special regulations on victims with special needs or with special vulnerability. It is therefore an obligation that, in the case of minors, the best interests of the child act as a guide for any action and decision taken in relation to a child victim of an offence during criminal proceedings. In this regard, the adoption of the protection measures in Title III, and especially the non-adoption thereof, must be based on the best interests of the child.

It is based on a broad concept of a victim, for any offence and whatever the nature of the physical, moral or material injury that has been inflicted upon it. It includes the direct victim, but also indirect victims, as relatives or assimilated.

On the other hand, the protection and support of the victim is not only procedural, nor depends on their position in a proceeding, but also takes on an extra-processive dimension. It is based on a broad concept of recognition, protection and support, with a view to the comprehensive safeguarding of the victim. To this end, it is essential to provide the victim with the maximum facilities for the exercise and protection of his rights, with the minimum of unnecessary procedures involving the second victimization, to provide him with effective information and guidance on the rights and services to which he is entitled, referral by the competent authority, humane treatment and the possibility of being accompanied by the person he designates in all his proceedings, notwithstanding the appropriate procedural representation, among other measures.

Proceedings must always be people-oriented, requiring individualized assessment and treatment of every victim, without prejudice to the specialized treatment required by certain types of victims.

As mentioned above, recognition, protection and support for the victim is not limited to material aspects and economic reparation, but also extends to its moral dimension.

In addition, recognition, protection and support for victims is given in turn to the specialities of victims who do not habitually reside in our country.

The realization of these rights requires maximum institutional collaboration and involves not only the various public administrations, the judiciary and groups of professionals and victims, but also the specific persons who, from their place of work, have contact and relate to the victims and, ultimately, to society as a whole. It is therefore necessary to provide the institutions with protocols for action and coordination and cooperation procedures, as well as the promotion of specialized offices, initial and continuing technical training for staff and the awareness that victim treatment entails, including the participation of associations and groups.

In spite of the unifying vocation of the Statute and the references to the special rules of certain groups of victims, which would be extended their assistance and protection with the general catalogue of victims' rights, in the absence of a specific regulation for certain groups of victims with special vulnerability, it is intended to give them special protection in this text by transposing two other recent Directives: Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011on combating sexual abuse and sexual exploitation of children and child pornography, as well as Directive 2011/36/EU of the European Parliament and of the Councilof 5 April 2011 on preventing and combating trafficking in human beings and protecting victims and replacing Council Framework Decision 2002/629/JHA.

IV

As to the content and structure of the Act, it is initiated by means of a preliminary Title, devoted to general provisions, which establishes a concept of an omnicomprehensive victim, since it extends to any person who suffers physical, moral or economic harm as a result of an offence.

The status of indirect victim is also recognized to be the spouse or person linked to the victim by a similar relationship of affection, his or her children and parents, direct relatives and dependants 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 enforced disappearance of the persons in his or her care, when this determines a significant danger of secondary victimization.

The rights provided for in the Act shall apply to all victims of offences occurring in Spain or who may be prosecuted in Spain, irrespective of the nationality of the victim or whether they enjoy legal residence or not.

Thus, the Preliminary Title contains a general catalogue of rights common to all victims, which is further developed throughout the articles and which refers to both the support services and the restorative justice services that are established legally, and to the proceedings throughout the criminal proceedings in all its phases – including the first investigations and the execution – regardless of the outcome of the criminal proceedings. This general catalogue includes, inter alia, the right to information, protection and support in any case, the right to participate actively in criminal proceedings, the right to recognition as such a victim and the right to respectful, professional, individualized and non-discriminatory treatment.

V

Title I recognizes a number of non-judicial rights, also common to all victims, whether they are parties to criminal proceedings or have decided or have not acted in any way, and even prior to the initiation of criminal proceedings.

It is new that any victim, in order to facilitate his or her personal accommodation, may be accompanied by the person he or she appoints, without prejudice to the intervention of counsel where appropriate, in his or her proceedings and dealings with the authorities.

This Title regulates the right to obtain information from any authority or official to whom it refers, in simple and accessible language, from the first contact. This information, which should be detailed and updated in turn, should guide and inform the victims of their rights in such matters as: available support measures; how to exercise their right to complain; how and conditions of protection, legal advice and legal defence; compensation, interpretation and translation; measures of effectiveness of their interests if they reside in a different country of the European Union; complaint procedure for inactivity of the competent authority; contact details for communications; available restorative justice services; and method of reimbursement of judicial expenses.

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

In addition, regardless of whether the victim is a person in criminal proceedings, the right of the victim to receive information on certain milestones in the criminal case is recognized.

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

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

The aim is also to make minors in a context of gender-based violence or domestic violence visible as victims, to ensure their access to assistance and support services, as well as the adoption of protective measures, with the aim of facilitating their comprehensive recovery.

VI

Title II systematizes the rights of the victim in terms of his participation in criminal proceedings, as something independent of the measures for the protection of the victim in the proceedings, which are the subject of Title III.

The victim is granted the right to participate in the proceedings, in accordance with the provisions of Spanish Criminal Procedure Actand the material effectiveness of the decision is strengthened by various measures: on the one hand, notification of decisions to dismiss and dismiss and recognition of the right to challenge them within a sufficient period of time from the date of communication, whether or not it has previously been constituted as a party to the proceedings; on the other hand, recognition of the right to obtain payment of the costs caused to it, in preference to the right of the State to be compensated for the expenses incurred in the case, where the offence has been ultimately prosecuted solely at its request or the dismissal of the offence would have been revoked by the estimate of the remedy brought by it.

The State, as is the case with any liberal model, retains an absolute monopoly on the execution of sentences, which is not incompatible with the provision of certain means of participation to the victim that would allow it to challenge certain decisions before the courts that affect the system of serving sentences for particularly serious crimes, to provide information that may be relevant for the judges and courts to decide on the execution of the sentence, civil responsibilities or confiscation already agreed upon, and to request the adoption of control measures in relation to conditional releases that would have been convicted for acts from which a situation of danger to the victim may reasonably arise.

The regulation of the victim ' s intervention in the execution of the sentence, when it comes to serving sentences for particularly serious crimes, guarantees the trust and cooperation of the victims with the criminal justice system, as well as the observance of the principle of legality, since the decision is always the responsibility of the judicial authority, and therefore the reintegration of the convicted person is not affected.

The victim is also provided with the exercise of his rights, allowing for the submission of requests for legal aid to the authority or official responsible for informing him of his rights, thus avoiding pilgrimages by various offices; and the procedure applicable in cases of filing complaints in Spain for criminal acts committed in other countries of the European Union, as well as the communication to the victim of referral, if any, to the competent authorities.

The Statute also recognizes the right of the victim to obtain immediate return of the effects of his property, except in exceptional cases where the effect in question, temporarily or definitively, would have to remain in the custody of the authorities to ensure the proper conduct of the proceedings.

Finally, reference is made to the possible action of restorative justice services. At this point, the Statute goes beyond traditional references to mediation between victim and offender and underscores the moral inequality that exists between the two. Thus, the action of these services is designed to provide material and moral reparation to the victim, and the victim ' s free and informed consent and prior recognition of the essential facts by the perpetrator are budgeted for. In any event, the possible action of restorative justice services will be excluded where this may entail some risk to the safety of the victim or may cause any other harm.

VII

Part III addresses issues relating to the protection and recognition of victims, as well as specific protection measures for certain types of victims.

Protection measures seek effectiveness against reprisals, intimidation, secondary victimization, mental harm or attacks on dignity during interrogations and testimony as a witness, and include from physical protection measures to others, such as the use of separate courtrooms in the courts, to avoid contact of the victim with the offender and any others, under judicial discretion, that circumstances require.

In order to avoid secondary victimization in particular, the aim is to obtain the victim ' s declaration without delay after the complaint, to reduce the number of medical statements and examinations to the minimum necessary, and to guarantee the victim his right to be accompanied, not only by the procedural representative, but by another person of his choice, unless there is a reasoned decision.

The adoption of measures and access to certain services are preceded by an individual assessment of the victim, in order to determine his or her specific protection needs and possible special measures. Such measures should be updated in accordance with the course of the proceedings and the circumstances.

Specific protection measures are taken in the light of the character of the person, the offence and its circumstances, the entity of the damage and its severity or the vulnerability of the victim. Thus, in addition to the references to the existing special legislation in this area, specific protection measures are included for groups that lack special legislation and, in particular, for minors who are victims of abuse, exploitation or child pornography, victims of trafficking in human beings, persons with disabilities and other groups, such as offences with a plurality of victims and those with a catastrophic effect.

VIII

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

In this Title, it should also be noted that various provisions are introduced to strengthen coordination between the various services that perform functions in the field of victim assistance, as well as collaboration with public and private networks, in order 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, the obligation to reimburse is regulated in the case of fraudulent victims, convicted of simulating a crime or false complaint, who have caused expenses to the Administration for their recognition, information, protection and support, as well as for the services provided, without prejudice to any other civil or criminal responsibilities, as appropriate.

IX

The Act incorporates two additional provisions. The first additional provision, which provides for the establishment and further regulatory development of a mechanism for the comprehensive periodic evaluation of the victim support and protection system, with the participation of the actors and groups involved, to serve as a basis for future initiatives and for the gradual improvement of the system; and the second additional provision on means.

As regards the final provisions, it highlights the first final provision, which amends the existing one Spanish Criminal Procedure Act. These adjustments to the criminal procedure rule are necessary to supplement the substantive regulation of rights contained in this Law, which transposes the Directive 2012/29/EU.

The other final provisions concern the introduction of a very specific reform of the Spanish Criminal Code, to the title of competence, to the regulatory development, to the adaptation of the General Statutes of the Bar and the Office of the Procurator and to the entry into force.

PRELIMINARY TITLE

General provisions

Article 1. Scope.

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

Article 2. Subjective scope. General concept of victim.

The provisions of this Law shall apply:

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

(b) As an indirect victim, in cases of death or disappearance of a person directly caused by an offence, except those responsible for the acts:

1. The spouse who is not legally or de facto separated and the children of the victim or of the spouse who is not legally or de facto separated at the time of the death or disappearance of the victim lived together with them; the person who, until the time of death or disappearance, had been associated with the victim by a similar relationship of affection and the children of the victim who, at the time of the death or disappearance of the victim, lived together with the victim; the parents and relatives in a straight line or collateral line within the third degree under their custody and the persons under their guardianship or guardianship or under their family care.

2. In the absence of the above, the other relatives in a straight line and their brothers, preferably, among them, of whom the legal representation of the victim was held.

The provisions of this Act shall not apply to third parties who have suffered harm as a result of the offence.

Article 3. Rights of victims.

1. Every victim has the right to protection, information, support, assistance, care and redress, as well as to active participation in criminal proceedings and to be treated respectfully, professionally, individually and without discrimination from his or her first contact with authorities or officials, during the operation of victim assistance and support services and, where appropriate, restorative justice, throughout the criminal proceedings and for an appropriate period of time after their conclusion, regardless of whether or not the identity of the offender and the outcome of the proceedings is known.

In any event, mediation and conciliation in cases of sexual violence and gender-based violence will be prohibited.

2. The exercise of these rights shall be governed by the provisions of this Law and by the regulations implementing it, as well as by the provisions of special legislation and the procedural rules that apply.

Paragraph 1 is amended, with effect from 7 October 2022, by final provision 12.1 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

TITLE I

Basic rights

Article 4. Right to understand and be understood.

Every victim has the right to understand and be understood in any action that must be taken since a complaint was filed and during the criminal proceedings, including information prior to the filing of a complaint.

To this end:

(a) All communications with victims, whether oral or written, shall be made in clear, simple and accessible language, in a manner that takes into account their personal characteristics and, in particular, the needs of persons with sensory, intellectual or mental disabilities or their minority. If the victim is a minor or has a judicially modified capacity, communications shall be made to his or her representative or to the person assisting him or her.

(b) The victim shall be provided, from his or her first contact with the authorities or with the Victim Assistance Offices, with the assistance or support necessary to enable him or her to be heard in front of them, including interpretation in legally recognized sign languages and means of support for the oral communication of deaf, hearing impaired and deaf-blind persons.

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

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

1. Every victim has the right, from the first contact with the authorities and officials, including the moment before the submission of the complaint, to receive, immediately, information adapted to his personal circumstances and conditions and to the nature of the offence committed and the damages suffered, on the following points:

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

(b) The right to complain and, where appropriate, the procedure for lodging a complaint and the right to provide evidence to the investigating authorities.

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

(d) Possibility of requesting protective measures and, where appropriate, procedure for doing so.

(e) Compensation to which he may be entitled and, where appropriate, procedure for claiming compensation.

(f) Interpretation and translation services available.

(g) Support and auxiliary communication services available.

(h) Procedure by which the victim may exercise his or her rights in the event of his or her residence outside Spain.

(i) Remedies against decisions which it considers contrary to its rights.

(j) Contact details of the procedure authority and channels for communicating with it.

(k) Restorative justice services are available, where legally possible.

(l) Assumptions in which he can obtain reimbursement of judicial expenses and, where appropriate, procedure for claiming such reimbursement.

(m) be notified of the decisions referred to in Article 7. For this purpose, the victim may designate an e-mail address or, failing that, a postal address or address, to which communications and notifications will be sent by the authority.

2. This information will be updated at each stage of the proceedings, to ensure that the victim is able to exercise his or her rights.

Paragraph 1 is amended, with effect from 7 October 2022, by final provision 12.2 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 6. Rights of the victim as a complainant.

Every victim has the following rights at the time of filing his complaint:

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

(b) To free linguistic assistance and written translation of the copy of the complaint lodged, if he does not understand or speak any of the languages of official character at the place where the complaint is lodged.

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

1. Every victim shall be immediately informed of the date, time and place of the trial, as well as of the content of the charge against the offender, and shall be notified of the following decisions:

(a) The decision to decide not to initiate criminal proceedings.

(b) A judgement terminating the proceedings.

(c) Any decision that may result in the offender ' s imprisonment or subsequent release, as well as the possible escape thereof.

(d) Decisions that agree to the adoption of personal protective measures or that modify those already agreed upon, where they have been aimed at ensuring the safety of the victim.

(e) Decisions or decisions of any judicial or prison authority that affect persons convicted of crimes committed with violence or intimidation and that pose a risk to the safety of the victim. In such cases and for this purpose, the prison administration shall immediately inform the judicial authority of the decision taken to notify the victim concerned.

(f) The decisions referred to in article 13.

Such communications shall include at least the operative part of the resolution and a brief summary of the basis for the resolution, and shall be forwarded to your email address. Exceptionally, if the victim does not have an e-mail address, they will be sent by regular mail to the address that he or she would have provided. In the case of citizens residing outside the European Union, if there is no e-mail or postal address in which to make the communication, it will be sent to the Spanish diplomatic or consular office in the country of residence for publication.

If the victim has been formally present in the proceedings, the decisions shall be notified to the procurator and communicated to the victim at the e-mail address provided by the victim, without prejudice to the provisions of the following paragraph.

2. Victims may at any time express their wish not to be informed of the decisions referred to in this article, the request made being null and void.

3. In the case of victims of crimes of gender-based violence, the decisions referred to in paragraph 1(c) and (d) shall be notified to them without the need for the victim to request it, except in cases where he or she expresses his or her wish not to receive such notifications.

4. Information relating to the situation in which the proceedings are being conducted shall also be provided to him, upon request, unless that would prejudice the proper conduct of the case.

Paragraph 1 is amended, with effect from 7 October 2022, by final provision 12.3 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

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

1. Lawyers and Attorneys may not address direct or indirect victims of disasters, public calamities or other events that have resulted in a large number of victims who meet the requirements established by law and which may constitute an offence, in order to offer them their professional services up to 45 days after the offence.

This prohibition shall not apply if the provision of these professional services has been expressly requested by the victim.

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

Article 9. The right to translation and interpretation.

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

(a) To be assisted free of charge by an interpreter who speaks a language he understands when he or she is heard at the stage of investigation by the judge, the public prosecutor or police officers, or when he or she intervenes as a witness at the trial or at any other oral hearing.

This right shall also apply to persons with hearing or speech limitations.

(b) The free translation of the decisions referred to in Articles 7(1) and 12. The translation shall include a brief summary of the basis of the resolution adopted, when the victim so requests.

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

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

2. Interpreter assistance may be provided by means of videoconference or any means of telecommunication, unless the judge or court, on its own motion or at the request of a party, agrees on the physical presence of the interpreter in order to safeguard the rights of the victim.

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

4. In the case of police proceedings, a decision not to provide interpretation or translation to the victim may be appealed to the investigating judge. Such an appeal shall be deemed to have been lodged where the person concerned by the decision expressed his or her disagreement at the time of the refusal.

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

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

Every victim has the right to access, free of charge and confidentially, in accordance with the terms and conditions to be determined, the assistance and support services provided by public administrations, as well as those provided by the Victim Assistance Offices. This right may be extended to the family members of the victim, in terms which are also provided for by regulation, in the case of offences which have caused particularly serious harm.

The authorities or officials who come into contact with the victims shall refer them to the Victim Assistance Offices when necessary in view of the gravity of the crime or in cases where the victim so requests.

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

The third paragraph, with effect from 7 October 2022, is amended by final provision 12.4 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

TITLE II

Participation of the victim in criminal proceedings

Article 11. Active participation in criminal proceedings.

Every victim has the right:

(a) To institute criminal proceedings and civil proceedings in accordance with the provisions Spanish Criminal Procedure Actwithout prejudice to any exceptions that may exist.

(b) To appear before the investigating authorities in order to provide them with the sources of evidence and such information as they deem relevant to the clarification of the facts.

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

1. The decision to dismiss shall be communicated in accordance with the provisions of the Spanish Criminal Procedure Actthe direct victims of the crime who had reported the events, as well as the other direct victims whose identity and domicile were known.

In cases of death or disappearance of a person who was directly caused by an offence, notification shall be made, in accordance with the provisions of Spanish Criminal Procedure Actpersons referred to in Article 2 (b). In such cases, the judge or court may agree, on the grounds of reason, to dispense with the communication to all family members when it has already successfully addressed several of them or when it has proved unsuccessful to do so.

2. The victim may appeal the decision to dismiss the case in accordance with the provisions of the Spanish Criminal Procedure Actwithout the need for prior involvement in the proceedings.

Article 13. Participation of the victim in the execution.

1. Victims who have requested, pursuant to Article 5.1(m), that the following decisions be notified to them, may appeal against them in accordance with the provisions of the Convention. Spanish Criminal Procedure Acteven if they had not shown a party to the case:

(a) The order by which the Prison Supervision Judge authorizes, as provided for in the third paragraph of the Article 36.2 of the Criminal Codethe possible classification of the convicted person as a third degree before half the sentence is extinguished, where the victim is convicted of one of the following offences:

1st Homicide Crimes.

2nd Abortion Offences of the Article 144 of the Criminal Code.

3rd Crimes of injury.

4th Crimes against freedom.

5th Crimes of torture and against moral integrity.

6. Offences against sexual freedom and compensation.

7th Robbery offences committed with violence or intimidation.

8. Terrorist offences.

9. Crimes of trafficking in human beings.

(b) The order by which the Prison Supervision Judge agrees, as provided for in Article 78(3) of the Criminal Codethat prison benefits, exit permits, third-degree classification and the calculation of time for parole relate to the limit of serving a sentence, and not to the sum of the penalties imposed, where the victim is a victim of one of the offences referred to in point (a) of this subparagraph or of an offence committed within a criminal group or organization.

(c) The order granting the sentenced person conditional release, in the case of any of the offences referred to in the second paragraph of the Article 36.2 of the Criminal Code or any of the offences referred to in point (a) of this subparagraph, provided that a sentence of more than five years ' imprisonment has been imposed.

The victim shall announce to the competent judicial secretary his or her willingness to appeal within a maximum period of five days from the date of notification in accordance with the second and third subparagraphs of article 7.1, and to appeal within a period of fifteen days from the date of such notification.

The announcement of the lodging of the appeal shall not require the assistance of counsel.

2. Victims shall also be entitled to:

(a) Interest in the imposition on the conditional release of such measures or rules of conduct as may be required by law to ensure his safety, if he has been convicted of acts from which a situation of danger to the victim may reasonably arise;

(b) To provide the judge or court with any information relevant to the determination of the execution of the sentence imposed, the civil liability arising from the offence or the confiscation agreed upon.

3. Before the Prison Supervision Judge has to issue any of the decisions referred to in paragraph 1 of this article, he shall transfer the victim to make his allegations within five days, provided that the victim has made the request referred to in Article 5 (1) (m) of this Law.

Article 14. Reimbursement of expenses.

The victim who participated in the proceedings shall have the right to obtain reimbursement of the costs necessary for the exercise of his rights and the procedural costs that have been caused to him in preference to the payment of the expenses that have been caused to the State, when payment of his payment is imposed in the sentence and the accused has been sentenced, at the request of the victim, for offences for which the Public Prosecutor ' s Office has not made an accusation or after the decision of the victim ' s appeal has been revoked.

Article 15. Restorative justice services.

1. Victims may have access to restorative justice services, as determined by regulation, for the purpose of obtaining adequate material and moral reparation for the harm caused by the offence, where the following requirements are met:

(a) The offender has recognized the essential facts from which he or she derives his or her responsibility;

(b) The victim has given his consent, after receiving thorough and impartial information on its content, possible results and existing procedures for its implementation;

(c) the offender has consented;

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

(e) It is not prohibited by law for the offence committed.

2. The discussions conducted within the mediation procedure shall be confidential and may not be disseminated without the consent of both parties. Mediators and other professionals participating in the mediation procedure shall be subject to professional secrecy in relation to the facts and manifestations which they have known in the exercise of their functions.

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

Article 16. Free justice.

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

The request may also be submitted to the Offices for Assistance to Victims of the Administration of Justice, which shall forward it to the appropriate Bar Association.

Article 17. Victims of crimes committed in other EU Member States.

Victims residing in Spain may lodge complaints with the Spanish authorities concerning criminal acts committed in the territory of other countries of the European Union.

In the event that the Spanish authorities decide not to proceed with the investigation due to a lack of jurisdiction, they shall immediately forward the complaint submitted to the competent authorities of the State in whose territory the facts were committed and shall inform the complainant thereof by the procedure which they have designated pursuant to Article 5.1(m) of this Law.

Article 18. Return of property.

Victims shall have the right to obtain, in accordance with the provisions Spanish Criminal Procedure Actthe prompt return of property that had been seized in the proceedings.

Repayment may be refused if the preservation of the effects by the authority is essential for the proper conduct of the criminal proceedings and is not sufficient with the imposition on the owner of an obligation to preserve the effects at the disposal of the judge or court.

The refund of such effects may also be refused, in accordance with the applicable legislation, where their preservation is necessary in a technical investigation procedure of an accident.

TITLE III

Protection of victims

Article 19. Right of victims to protection.

The authorities and officials responsible for the investigation, prosecution and prosecution of offences shall take the necessary measures, as provided for in the Spanish Criminal Procedure Actto ensure the life of the victim and his/her family members, their physical and mental integrity, sexual freedom, security, freedom and compensation, as well as to protect their privacy and dignity adequately, particularly when they are given testimony or are required to testify at trial, and to avoid the risk of their secondary or repeated victimization.

In the case of minor victims, the Public Prosecutor ' s Office shall, in particular, ensure that this right of protection is complied with, taking appropriate measures in its best interests where necessary to prevent or reduce the harm to them that may result from the conduct of the proceedings.

Article 20. Right to avoid contact between victim and offender.

The units in which criminal proceedings are conducted, including the investigation phase, shall be so arranged as to avoid direct contact between the victims and their family members, on the one hand, and the suspect of the offence or accused, on the other, on the basis of the Spanish Criminal Procedure Act and without prejudice to the following articles.

Article 21. Protection of the victim during the criminal investigation.

The criminal investigation authorities and officials shall ensure that, to the extent that this does not prejudice the effectiveness of the proceedings:

(a) The victims are given testimony, where necessary, without undue delay.

(b) Victims are given testimony as few times as possible, and only when strictly necessary for the purposes of criminal investigation.

(c) Victims may be accompanied, in addition to their procedural representative and, where appropriate, the legal representative, by a person of their choice, in the course of the proceedings in which they are required to intervene, unless the official or authority responsible for the conduct of the proceedings so as to ensure the proper conduct of the proceedings so decides is justified.

(d) Medical examinations of victims are carried out only when they are essential for the purposes of criminal proceedings and the number of victims is minimized.

Article 22. Right to protection of privacy.

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

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

1. The determination of which protective measures, regulated in the following articles, should be adopted to prevent the victim from having any relevant harm that might otherwise result from the proceedings, shall be made after an assessment of his or her particular circumstances.

2. This assessment shall take particular account of:

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

1. In the case of a person with a disability or if there is a relationship of dependence between the victim and the alleged perpetrator of the crime.

2. If the victims are minors or victims in need of special protection or those with special vulnerabilities.

(b) The nature of the offence and the seriousness of the damage caused to the victim, as well as the risk of recurrence of the offence. To this end, special consideration shall be given to the protection needs of victims of the following crimes:

1. Crimes of terrorism.

2nd Offences committed by a criminal organization.

3rd Offences committed on the spouse or on a person who is or has been linked to the perpetrator by a similar relationship of affection, even without cohabitation, or on descendants, ascendants or siblings by nature, adoption or affinity, either of their own or of the spouse or cohabitant.

4th Offences against sexual freedom or immunity.

5th Crimes of human trafficking.

6. Crimes of enforced disappearance.

7. Offences committed on racist, anti-Semitic or other grounds relating to ideology, religion or belief, family status, membership of members of an ethnic group, race or nation, national origin, sex, sexual orientation or identity, illness or disability.

(c) The circumstances of the offence, in particular in the case of violent crimes.

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

4. In the case of victims of an offence against sexual freedom, the measures set out in article 25.1 (a), (b), (c) and (d) shall in any event apply.

Paragraphs 2 (a) and 4 are amended, with effect from 7 October 2022, by final provision 12.5 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 24. Competence and evaluation procedure.

1. The assessment of the needs of the victim and the identification of protective measures are:

(a) During the investigation phase of the offence, the investigating judge or the judge on violence against women, without prejudice to the interim evaluation and determination to be made and adopted by the public prosecutor, in his or her investigative proceedings or in the proceedings under the Organic Law on Criminal Responsibility of Minors, or by police officers acting at the initial stage of investigations;

(b) During the trial phase, the judge or tribunal to which the case was brought.

The decision to be taken should be reasoned and reflect the circumstances that have been assessed for adoption.

The processing, documentary record and management of the valuation and its modifications shall be determined by regulation.

2. The assessment of the victim's protection needs shall always include those of the victim's protection needs, as well as the will expressed by the victim.

The victim may waive any protective measures agreed upon in accordance with articles 25 and 26.

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

4. Victim assistance services may only provide third parties with information they have received from the victim with the prior and informed consent of the victim. Apart from such cases, information may only be transferred, where appropriate, and with confidentiality, to the authority taking the protective measure.

5. Any relevant modification of the circumstances on which the individual assessment of the victim's protection needs was based shall determine an update of the victim's protection needs and, where appropriate, the modification of the protection measures agreed upon.

Article 25. Protective measures.

1. The following measures for the protection of victims may be adopted during the investigation phase:

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

(b) That they are given testimony by professionals who have received special training to reduce or limit harm to the victim, as well as in a gender perspective, or with their help.

(c) That all statements made by the same victim shall be taken by the same person, unless this may significantly prejudice the conduct of the proceedings or the statement must be taken directly by a judge or a prosecutor.

(d) The taking of a declaration, in the case of one of the victims referred to in Article 23 (2) (b) (3) and (4), and victims of trafficking for the purpose of sexual exploitation, shall be carried out by a person who, in addition to complying with the requirements of Article 23 (2) (b), is of the same sex as the victim, at the request of the victim, unless this may significantly prejudice the conduct of the proceedings or the declaration must be taken directly by a judge or prosecutor.

2. During the trial phase, they may be adopted in accordance with the provisions of the Spanish Criminal Procedure Actthe following measures for the protection of victims:

(a) Measures to avoid visual contact between the victim and the alleged perpetrator, including during the practice of evidence, for which the use of communication technologies may be made.

(b) Measures to ensure that the victim can be heard without being present in the courtroom, using appropriate communication technologies.

(c) Measures to prevent questions concerning the privacy of the victim that are not relevant to the criminal act prosecuted, unless the judge or court exceptionally considers that they must be answered in order to properly assess the facts or credibility of the victim ' s statement.

(d) Conduct of the oral hearing without the presence of the public. In such cases, however, the Judge or the President of the Court may authorize the presence of persons who show a special interest in the case.

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

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

Paragraph 1 (b) and (d) are amended with effect from 7 October 2022 by final provision 12.6 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

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

1. In the case of child victims, victims with disabilities who need special protection and victims of sexual violence, in addition to the measures provided for in the preceding article, measures shall be adopted in accordance with the Spanish Criminal Procedure Actthe measures necessary to prevent or limit, to the extent possible, the conduct of the investigation or the conduct of the trial to become a new source of harm to the victim of the crime. In particular, the following shall apply:

(a) The statements received during the investigation phase shall be recorded by audiovisual means and may be reproduced at trial in the cases and conditions determined by the Spanish Criminal Procedure Act.

(b) The declaration may be received by expert persons.

2. The Prosecutor shall request the judge or court to appoint a victim ' s defence counsel to represent the victim in the investigation and criminal proceedings, in the following cases:

(a) If it determines that the legal representatives of the minor victim or a victim with a judicially modified capacity have a conflict of interest with her, whether or not derived from the act under investigation, which does not allow her to rely on proper management of her interests in the investigation or criminal proceedings.

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

(c) Where the minor victim or a victim with a judicially modified capacity is not accompanied or separated from those exercising parental authority or guardianship.

3. Where there is doubt as to the age of the victim and cannot be determined with certainty, the victim shall be presumed to be a minor for the purposes of this Act.

The heading and section (1), with effect from 7 October 2022, are amended by final provision 12.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

TITLE IV

Common provisions

CHAPTER I

Victim Assistance Offices

Article 27. Organization of Victim Assistance Offices.

1. The Government and the Autonomous Communities which have assumed responsibility for justice shall, within their own sphere, organize Victim Assistance Offices.

2. The Ministry of Justice or the Autonomous Communities may conclude collaboration agreements with public and private non-profit entities to provide the assistance and support services referred to in this Title.

Article 28. Functions of the Victim Assistance Offices.

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

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

(b) Information on the specialized services available that may assist the victim, in view of his or her personal circumstances and the nature of the offence to which he or she may have been subjected.

(c) Emotional support for the victim.

(d) Advice on economic rights related to the process, in particular the procedure for claiming compensation for damages suffered and the right to have access to legal aid.

(e) Advice on risk and how to prevent secondary or repeated victimization, intimidation or reprisals.

(f) Coordination of the various bodies, institutions and entities responsible for the provision of victim support services.

(g) Coordination with Judges, Courts and the Prosecutor ' s Office for the provision of victim support services.

2. The Victim Assistance Offices shall assess their particular circumstances, in particular with regard to the circumstances referred to in Article 23(2), with a view to determining which assistance and support measures should be provided to the victim, including:

(a) Provision of psychological support or assistance.

(b) Accompaniment at trial.

(c) Information on the psychosocial and care resources available and, if requested by the victim, referral to them.

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

(e) Referral to specialized support services.

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

4. The victim ' s family members shall have access to victim support services in accordance with the regulations, in the case of offences that have caused particularly serious harm.

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

Article 29. Functions in support of restorative justice and non-processive settlement.

The Victim Assistance Offices shall provide, as determined by regulation, support to restorative justice services and other legal extra-process settlement procedures.

CHAPTER II

Training

Article 30. Training in the principles of victim protection.

1. The Ministry of Justice, the General Council of the Judiciary, the Office of the Attorney-General of the State and the Autonomous Communities, within their respective spheres of competence, shall provide general and specific training on the protection of victims in criminal proceedings, in training courses for judges and magistrates, prosecutors, judicial secretaries, security forces and bodies, forensic doctors, personnel in the service of the administration of justice, staff of the Offices for Assistance to Victims and, where appropriate, officials of the General Administration of the State or of the Autonomous Communities who carry out functions in this field.

These training courses will focus on victims in need of special protection, those with special vulnerabilities, and victims of minors or persons with disabilities.

2. The Bar and Bar Associations shall promote the training and sensitization of their members in the principles of victim protection contained in this Act.

Article 31. Action protocols.

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

In addition, professional associations that integrate those who, in their professional activity, relate to and provide services to victims of crime, will also promote the development of protocols of action that guide their activity towards the protection of victims.

CHAPTER III

Cooperation and good practices

Article 32. Cooperation with professionals and evaluation of victim care.

The public authorities shall encourage cooperation with professional groups specializing in the treatment, care and protection of victims.

The participation of these groups in systems for evaluating the functioning of standards, measures and other instruments adopted for the protection and assistance of victims will be encouraged.

Article 33. International cooperation.

The public authorities shall promote cooperation with other States and in particular with the Member States of the European Union on the rights of victims of crime, in particular through the exchange of experiences, the promotion of information, the transfer of information to facilitate assistance to specific victims by the authorities of their place of residence, awareness-raising, research and education, cooperation with civil society, assistance to networks on victims' rights and other related activities.

Article 34. Awareness raising.

The public authorities shall promote social awareness campaigns for victims, as well as self-regulation of publicly and privately owned social media in order to preserve the privacy, image, dignity and other rights of victims. These rights must be respected by the media.

It is amended, with effect from 7 October 2022, by final provision 12.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

CHAPTER IV

Obligation to repay

Article 35. Reimbursement obligation.

1. A person who has benefited from subsidies or assistance received as a victim and who has been the subject of any of the protective measures provided for in this Act shall be obliged to reimburse the amounts received in this regard and to pay the costs incurred by the Administration for its recognition, information, protection and support, as well as for services rendered with an increase in the legal interest of money increased by 50 per cent, if convicted of false denunciation or simulation of an offence.

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

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

Additional provision one. Periodic evaluation of the system of care for victims of crime in Spain.

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

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

The Government will submit an annual report to the Cortes Generales with the evaluation and proposals for improving the victim protection system and measures to ensure its effectiveness.

Second additional provision. Means.

The measures provided for in this Act may not entail an increase in staff, remuneration or other staff costs.

Single transitional provision. Temporary application.

The provisions contained in this Act shall apply to victims of offences from the date of its entry into force, without this being a step backwards in the proceedings already completed.

Single derogation provision. Repeal of regulations.

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

Final provision one. Amendment of Spanish Criminal Procedure Act for the purpose of transposing some of the provisions contained in the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012establishing minimum standards on the rights, support and protection of victims of crime.

The Spanish Criminal Procedure Act is amended as follows:

One. Article 109 is amended as follows:

‘Article 109.

In the event of receipt of a statement by the judge to the injured party who has the necessary legal capacity, the judicial secretary shall instruct him of the right to appear as a party to the proceedings and to renounce or not to return the matter, reparation for the damage and compensation for the injury caused by the punishable act. It will also inform you of the rights contained in the legislation in force, and may delegate this function to personnel specialized in victim assistance.

If he or she is a minor or has the capacity to be judicially modified, equal diligence shall be exercised with his or her legal representative or the person assisting him or her.

Apart from the cases provided for in the two preceding paragraphs, no notice shall be given to those concerned in civil or criminal proceedings to prolong or halt the proceedings, which shall not prevent the judicial registrar from seeking to establish the right of the injured person absent.

In any event, in proceedings for offences covered by Article 57 of the Criminal Codethe Registrar shall ensure that the victim is informed of any procedural acts which may affect his or her safety.’

Two. A new article 109a is inserted, as follows:

‘Article 109a.

1. Victims of the crime who have not renounced their right may bring criminal proceedings at any time before the process of classifying the offence, although this will not allow for the retrotraction or repetition of the proceedings already carried out prior to the personation.

In the event of the death or disappearance of the victim as a result of the offence, criminal proceedings may be brought by his or her legally or de facto non-separated spouse and by the children of the victim or of the spouse who were not legally or de facto separated at the time of the victim ' s death or disappearance, by the person who, until the time of death or disappearance, had been associated with him or her by a similar relationship of affection and by the children of the victim who, at the time of the victim ' s death or disappearance, lived with him or her; by his or her parents and relatives in a straight or collateral line within the third degree under his or her care, by persons under his or her guardianship or guardianship or under his family care.

In the absence of the above, it may be exercised by the other relatives in a straight line and by their brothers, preferably, among them, of whom the victim was legally represented.

2. The exercise of criminal proceedings by any of the persons entitled under this article does not prevent their subsequent exercise by any of the other persons entitled. Where there is a plurality of victims, they can all be represented independently. However, in such cases, where the proper order of the proceedings or the right to a trial without undue delay may be affected, the judge or court may, in a reasoned decision and after hearing all the parties, require them to be grouped in one or more representations and to be directed by the same or several defences, on the basis of their respective interests.

3. Criminal proceedings may also be instituted by the associations of victims and by legal persons to whom the law recognizes the legitimacy to defend the rights of victims, provided that this is authorized by the victim of the offence.

Where the offence or misdemeanour committed is intended to prevent or hinder members of local corporations from exercising their public functions, the local administration in whose territory the punishable act was committed may also be present in the case.’

Three. Article 110 is amended as follows:

‘Article 110.

Those injured by an offence or misdemeanour who have not renounced their right may appear as a party to the case if they do so before the process of classifying the offence and pursue the civil actions that are appropriate, as appropriate to them, without, therefore, being withdrawn during the proceedings.

Even if the injured party is not a party to the case, it is not understood that they renounce the right to restitution, reparation or compensation that can be agreed in their favour in a final judgment, it being necessary that the waiver of this right be made in their case in a clear and strict manner.’

Four. Article 261 is amended as follows:

‘Article 261.

Nor shall they be required to report:

1. The spouse of the offender who is not legally or de facto separated or the person living with him in a similar relationship of affection.

2. The ascendants and descendants of the offender and his collateral relatives up to and including the second degree.”

Five. Article 281 is amended as follows:

‘Article 281.

The following shall be exempt from the provisions of the preceding article:

1. The offended and his heirs or legal representatives.

2. In the offences of murder or murder, the spouse of the deceased or a person associated with him for a similar relationship of affection, ascendants and descendants and their collateral relatives up to and including the second degree, the heirs of the victim and the parents and children of the offender.

3. The associations of victims and legal persons to which the law recognizes the right to defend the rights of victims provided that the exercise of criminal proceedings has been expressly authorized by the victim himself.

The exemption from bail does not apply to aliens if it does not correspond to them under international treaties or by the principle of reciprocity.’

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

“The judicial police are responsible for, and shall be obliged of, all those who make up the judicial police, for ascertaining public offences committed in their territory or demarcation, for carrying out, according to their powers, the necessary measures to verify them and to discover the offenders, and for collecting all the effects, instruments or evidence of the crime of which they are in danger, making them available to the judicial authority. When victims come into contact with the Judicial Police, they will fulfil the information duties provided for in the legislation in force. They shall also carry out an assessment of the particular circumstances of the victims in order to determine provisionally what protective measures should be taken to ensure adequate protection for them, without prejudice to the final decision to be taken by the judge or court.’

Seven. Article 284 is amended as follows:

‘Article 284.

Immediately, if judicial police officers become aware of a public offence or are required to prevent the investigation of a private offence, they shall participate in the investigation to the judicial authority or the representative of the Public Prosecutor's Office, if they can do so without ceasing in the practice of preventive proceedings. In another case, they'll do it so they're done.

If they have collected weapons, instruments or effects of any kind that may be related to the crime and are located at the place where the crime was committed or in its vicinity, or in the hands of the accused or elsewhere known, they shall extend expressive diligence of the place, time and occasion in which they are found, including a detailed description so that a full picture of them and the circumstances of their finding can be formed, which may be replaced by a graphic report. The proceedings shall be signed by the person in whose possession they are found.

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

The person affected by the seizure may at any time appeal the measure to the examining magistrate in accordance with the third paragraph of Article 334.’

Eight. Article 301 is amended as follows:

‘Article 301.

The proceedings of the case shall be reserved and shall not be public until the oral proceedings are opened, with the exceptions specified in this Law.

The lawyer or attorney of any of the parties who improperly discloses the contents of the case shall be corrected by a fine of 500 to 10,000 euros.

Any other person who is not a public official commits the same offence shall be liable to the same fine.

The public official, in the case of the preceding paragraphs, shall bear the responsibility that the Spanish Criminal Code indicate in its respective place.’

Nine. A new article 301 bis is inserted, as follows:

‘Article 301a.

The judge may, on his own motion or at the request of the public prosecutor or the victim, agree to take any of the measures referred to in Article 681(2) where it is necessary to protect the privacy of the victim or respect for the victim or his family.’

Ten. Two new third and fourth subparagraphs are inserted into article 334 as follows:

‘The person affected by the seizure may at any time appeal the measure to the investigating judge. Such an appeal shall not require the intervention of a lawyer when presented by third parties other than the accused. The appeal shall be deemed to have been brought if the person concerned by the measure or a family member of his or her majority had expressed their disagreement at the time of the measure.

The effects of the victim of the offence shall be immediately returned to it, except that they should exceptionally be retained as evidence or for the conduct of other proceedings, and without prejudice to their restitution as soon as possible. The effects will also be restored immediately when they are to be kept as evidence or for the practice of other proceedings, but their preservation can be guaranteed by imposing on the owner the duty to keep them at the disposal of the judge or court. The victim may, in any event, appeal against this decision in accordance with the provisions of the preceding paragraph.’

Eleven. Article 433 is amended as follows:

‘Article 433.

When the witness comes forward to testify, the witness shall hand over the copy of the summons to the clerk.

Witnesses of legal age shall take an oath or promise to say whatever they know in respect of what is asked of them, being obliged to inform them, in clear and understandable language, of their obligation to be truthful and of the possibility of committing an offence of false testimony in criminal proceedings.

Witnesses who, in accordance with the provisions of the Statute of the Victim of Crime, have the status of victims of the crime, may be accompanied by their legal representative and by a person of their choice during the course of these proceedings, unless in the latter case, on the basis of reasons, the investigating judge decides otherwise to ensure the proper conduct of the proceedings.

In the case of minor witnesses or persons with judicially modified capacity, the examining magistrate may agree, when in view of the lack of maturity of the victim it is necessary to avoid causing serious harm to them, that testimony be taken through the intervention of experts and with the intervention of the prosecution. For this purpose, it may also be agreed that questions are transferred to the victim directly by experts or, even, exclude or limit the presence of the parties at the site of the victim's exploration. In such cases, the judge shall provide the parties with the opportunity to transfer questions or to seek clarification from the victim, whenever possible.

The Judge shall order the recording of the declaration by audiovisual means.’

Twelve. Article 448 is amended as follows:

‘Article 448.

If the witness, by making the prevention referred to in article 446, declares that he is unable to attend because he is absent from the national territory, and also in cases where there is reasonable reason enough to fear his death or physical or intellectual incapacity before the opening of the oral proceedings, the examining magistrate shall immediately order the statement to be made, in any event ensuring the possibility of contradiction of the parties. To this end, the judicial secretary shall inform the accused that he or she appoints a lawyer within 24 hours, if he or she has not yet had such a lawyer or otherwise, that he or she shall be appointed ex officio, to advise him or her in the event of receiving the witness ' testimony. After that period, the judge shall be sworn in and shall review the judge, in the presence of the accused and his defence counsel, and in the presence of the prosecutor and the complainant, if they wish to attend the act, allowing them to make any questions they deem appropriate, except those which the judge dismisses as manifestly impertinent.

Answers to these questions shall be entered by the judicial secretary and signed by all those present.

The testimony of minor witnesses and persons with a judicially modified capacity may be made by avoiding the visual confrontation of such witnesses with the accused, using any technical means which would make the practice of this evidence possible.’

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

‘7. Measures of a civil nature must be requested by the victim or his legal representative, or by the Public Prosecutor's Office where there are minor children or persons with the judicially modified capacity, determining their compliance regime and, where appropriate, such additional measures as may be necessary, provided that they have not previously been agreed by a body of the civil court, and without prejudice to the measures provided for in the Article 158 of the Civil Code. Where there are minors or persons with judicially modified capacity living with and depending on the victim, the judge shall in any case decide, even ex officio, on the relevance of the adoption of the said measures.

Such measures may include the allocation of the use and enjoyment of family housing, the determination of the regime of custody, visits, communication and stay with minors or persons with judicially modified capacity, the system of provision of maintenance, as well as any provision that may be deemed appropriate in order to remove them from danger or to avoid harm.

The civil measures contained in the protection order shall be valid for 30 days. If within this time limit a family proceeding is initiated at the request of the victim or his legal representative before the civil court, the measures taken shall remain in force for 30 days following the filing of the application. The measures must be ratified, amended or terminated by the competent court of first instance.’

Fourteen. A new article 544 quinquies is inserted as follows:

‘Article 544d.

1. In cases where an offence referred to in the Article 57 of the Criminal Codewhere it is necessary for the purpose of protecting the minor victim or with the judicially modified capacity, the judge or court shall, where necessary, take a reasoned action as follows:

(a) Suspend parental authority of one of the parents. In this case, it may establish a system of visits or communication in the interest of the child or person with judicially modified capacity and, where appropriate, the conditions and guarantees under which it must be developed.

(b) Suspend guardianship, guardianship, guardianship or placement.

(c) Establish a system for monitoring the exercise of parental authority, guardianship or any other protective or protective or supportive function over the child or person with the judicially modified capacity, without prejudice to the powers of the Public Prosecutor ' s Office and the competent public entities.

(d) To suspend or modify the arrangements for visits or communication with the non-cohabitant or with another family member in force, where necessary to ensure the protection of the child or the person with judicially modified capacity.

2. Where, in the course of the proceedings, the existence of a situation of risk or possible neglect of a minor is revealed and, in any event, when some of the measures in points (a) or (b) of the preceding subparagraph are taken, the judicial registrar shall immediately inform the competent public body legally entrusted with the protection of minors and the Public Prosecutor's Office so that they may take such protective measures as may be necessary. For the same purposes, they shall be notified of their lifting or of any other modification, as well as of the decision referred to in paragraph 3.

3. Upon completion of the proceedings, the judge or court, valuing only the interest of the person concerned, shall ratify or increase the protective measures that have been adopted. The Public Prosecutor's Office and the parties concerned by the measure may request the judge to amend or lift the measure in accordance with the procedure laid down in article 770. Civil Procedure Act.»

Fifteen. Article 636 is amended as follows:

‘Article 636.

An appeal shall be brought against orders of dismissal only if necessary.

The order for dismissal shall be communicated to the victims of the offence, at the e-mail address and, failing that, by ordinary mail to the postal address or domicile designated by them in the application provided for in article 5.1.m of the Act on the Status of Victims of Crime.

In cases of death or disappearance caused by an offence, the order for dismissal shall be similarly communicated to the persons referred to in the second subparagraph of Article 109a(1) whose identity and address of electronic mail or post were known. In such cases, the judge or court may agree, on the grounds of reason, to dispense with communication to all family members when it has already successfully addressed several of them or when it has proved unsuccessful to do so.

Exceptionally, in the case of citizens residing outside the European Union, if there is no e-mail or postal address in which to make the communication, it will be sent to the Spanish diplomatic or consular office in the country of residence for publication.

Five days after the communication, it shall be understood that it has been validly carried out and shall display all its effects, with the calculation of the time limit for the appeal. Except in cases where the victim proves that the content of the communication is impossible to access, the victim shall be exempt from this regime.

The victims may appeal the order for dismissal within twenty days even if they have not been shown to be a party to the case.’

Sixteen. Article 680 is amended as follows:

‘Article 680.

Debates in the oral proceedings shall be public, subject to the penalty of nullity, without prejudice to the provisions of the following Article.’

Seventeen. Article 681 is amended as follows:

‘Article 681.

1. The judge or court may, on its own motion or at the request of either party, after hearing the parties, agree that all or any of the acts or sessions of the trial shall be held in camera, where security or public order reasons so require, or that adequate protection of the fundamental rights of the interveners, in particular, the right to privacy of the victim, respect for the victim or his family, or is necessary to prevent the relevant harm to the victims which might otherwise arise from the ordinary conduct of the proceedings. However, the Judge or the President of the Court may authorize the presence of persons who show a special interest in the case. The above restriction, without prejudice to the provisions of article 707, shall not apply to the Public Prosecutor ' s Office, to persons injured by the offence, to persons prosecuted, to the private prosecutor, to the civilian actor and to the respective defence counsel.

2. It may also agree to adopt the following measures for the protection of the privacy of the victim and his or her family members:

(a) Prohibit the disclosure or publication of information relating to the identity of the victim, of data that may facilitate his or her identification directly or indirectly, or of personal circumstances that have been assessed to address his or her protection needs.

(b) To prohibit the collection, dissemination or publication of images of the victim or his or her family members.

3. In any event, it is prohibited to disclose or publish information concerning the identity of victims of minors or persons with disabilities in need of special protection, data that may facilitate their identification directly or indirectly, or personal circumstances that have been assessed to address their protection needs, as well as the collection, dissemination or publication of images of them or their relatives.’

Eighteen. Article 682 is amended as follows:

‘Article 682.

The judge or court may, after hearing the parties, restrict the presence of the audiovisual media at the trial sessions and prohibit the recording of any or all of the hearings where it is essential to preserve the order of the sessions and the fundamental rights of the parties and other actors, in particular the right to privacy of the victims, due respect for the victim or his family, or the need to avoid the relevant harm to the victims which might otherwise arise from the ordinary conduct of the proceedings. For this purpose, it may:

(a) To prohibit the recording of sound or image in the practice of certain tests, or to determine which proceedings or actions may be recorded and disseminated.

(b) To prohibit the taking and dissemination of images of any or some of the persons involved.

(c) Prohibit the facilitation of the identity of victims, witnesses, experts or any other person involved in the trial.’

Nineteen. Article 707 is amended as follows:

‘Article 707.

All witnesses are obliged to declare what they know about what is being asked of them, except for the persons referred to in articles 416, 417 and 418 in their respective cases.

The testimony of witnesses who are minors or with disabilities in need of special protection shall be made, where necessary, to prevent or reduce the harm to them resulting from the conduct of the proceedings or from the practice of the proceedings, avoiding the visual confrontation of such witnesses with the accused. For this purpose, any technical means which makes the practice of this test possible may be used, including the possibility that witnesses may be heard without being present in the courtroom through the use of communication technologies.

These measures shall also apply to statements by victims where their initial or subsequent assessment results in the need for such protection measures.’

Twenty. Article 709 is amended as follows:

‘Article 709.

The President shall not allow the witness to answer questions or questions that are misleading, suggestive or impertinent.

The President may take measures to prevent unnecessary questions concerning privacy that are not relevant to the criminal act being prosecuted from being posed to the victim, unless the Judge or Court exceptionally considers that they must be answered in order to properly assess the facts or the credibility of the victim ' s statement. If those questions were asked, the Chairman would not allow them to be answered.

An appeal may be lodged against the decision taken on this point if the relevant protest is made.

In this case, the minutes shall record the question or reply to the President's refusal to reply.'

Twenty-one. Article 730 is amended as follows:

‘Article 730.

The proceedings in the case file, which, for reasons independent of the will of the parties, cannot be reproduced in the oral proceedings, and the statements received in accordance with Article 448 during the investigation phase, may also be read or reproduced at the request of either party.

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

‘2. When the Public Prosecutor has heard of an apparently criminal act, either directly or because a complaint or a report has been filed with him, he shall inform the victim of the rights contained in the legislation in force; he shall make the interim assessment and resolution of the victim ' s needs in accordance with the provisions of the legislation in force and shall perform himself or herself or shall order the Judicial Police to carry out such proceedings as it deems relevant for the verification of the fact or responsibility of the participants in the act. The Prosecutor shall order the closure of the proceedings if the act does not show the nature of the offence and shall inform the person who has alleged to have been injured or offended of the offence so that he may repeat his complaint to the investigating judge. In another case, the investigating judge shall initiate the appropriate proceedings with a referral of the proceedings, making available to the detainee, if any, and the effects of the offence.

The Public Prosecutor ' s Office may bring any person before it in accordance with the terms of the law for the summons to the court, in order to receive a statement, which shall observe the same guarantees as those set forth in this law for the person provided before the judge or court.

The Prosecutor shall terminate his proceedings as soon as he becomes aware of the existence of judicial proceedings concerning the same facts.’

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

‘1.a If he considers that the act is not a criminal offence or that its perpetration is not sufficiently justified, he shall agree to the appropriate dismissal. If, even if it is considered that the act may constitute an offence, there is no known perpetrator, it shall agree to the provisional dismissal and order the filing.

The order for dismissal shall be communicated to the victims of the offence, at the e-mail address and, failing that, to the postal address or address designated by them in the application provided for in article 5.1.m of the Act on the Status of the Victim of the Crime.

In cases of death or disappearance caused by an offence, the order for dismissal shall be similarly communicated to the persons referred to in the second subparagraph of Article 109a(1) whose identity and address of electronic mail or post were known. In such cases, the judge or court may agree, on the grounds of reason, to dispense with communication to all family members when it has already successfully addressed several of them or when it has proved unsuccessful to do so.

Exceptionally, in the case of citizens residing outside the European Union, if there is no e-mail or postal address in which to make the communication, it will be sent to the Spanish diplomatic or consular office in the country of residence for publication.

Five days after the communication, it shall be understood that it has been validly carried out and shall display all its effects. Except in cases where the victim proves that the content of the communication is impossible to access, the victim shall be exempt from this regime.

The victims may appeal the order for dismissal within twenty days even if they have not been shown to be a party to the case.’

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

‘3. Where the victim so requests, even if he is not a party to the proceedings or is not required to intervene, the judicial secretary shall inform the victim in writing, without unnecessary delay, of the date, time and place of the trial, as well as of the content of the charge against the offender.’

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

‘2. The judicial secretary shall report the hearing within fifteen days and all the parties shall be summoned to the hearing. If the victim so requests, he shall be informed by the judicial secretary, even if no party has been shown and his intervention is necessary.

The hearing shall begin, where appropriate, with the practice of proof and the reproduction of recordings if there is a place for it. The parties shall then give an oral summary of the outcome of the proceedings and of the basis of their claims.’

Final provision two. Amendment of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

Paragraph 2 is amended Article 126 of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codewhich reads as follows:

‘2. Where the offence has been one of those that can be prosecuted only at the request of a party, the costs of the private accuser shall be satisfied in preference to compensation by the State. The same preference shall be given to the payment of procedural costs to the victim in the cases referred to in Article 14 of the Crime Victim Statute Act.’

Final provision three. Competence degree.

This Act is governed by the exclusive competence of the State in criminal and procedural law. Article 149.1.6.a of the Spanish Constitution. Except for the foregoing, Title IV, which is issued under the exclusive competence of the State in the field of the administration of justice, is hereby conferred on the State by Article 149.1.5.a of the Spanish Constitutionas well as the provisions of Title I, which is provided for under exclusive competence to regulate basic conditions guaranteeing the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties, conferred on the State by the Article 149.1.1.a of the Spanish Constitution.

Final provision four. Enabling the Government for regulatory development.

The Government is empowered to adopt the necessary regulations for the development of the provisions of this Act.

Final provision five. Adaptation of the General Statutes of the Bar and the Office of the Procurator.

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

Final provision six. Entry into force.

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

Therefore,

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

Madrid, April 27, 2015.

FELIPE R.

The President of the Government,

MARIAN RAJOY BREY