Civil Liability Arising From a Crime in Spain: How to Claim (2026)
In this article
Key Takeaways
- It is independent of the penalty
- Covers restitution, repair and compensation
- Insurers and employers may also be liable
- Claimed within the criminal proceedings
Every crime that causes harm generates, in addition to the penalty, a civil liability: the duty to repair the harm caused to the victim (Articles 109 and following of the Criminal Code). It is independent of the penalty and covers restitution of the item, repair of the harm and compensation for losses, both material and moral, not only to the victim but also to relatives or harmed third parties. The offender is liable, together with any subsidiary parties (such as the employer) and direct ones (insurers up to the policy limit). As a general rule it is claimed within the criminal proceedings, and joining as a private prosecutor is usually the most effective option.
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Every crime that causes harm generates, in addition to the penalty, a civil liability: the duty to repair the harm caused to the victim. As criminal lawyers, we explain how to claim it.
What Civil Liability Arising From a Crime Is
Committing an act described by law as a crime creates a duty to repair the harm and losses caused (Articles 109 and following of the Criminal Code). It is independent of the penalty: a person may be sentenced to prison and, in addition, ordered to compensate the victim.
What It Covers
- Restitution: returning the very item taken or damaged, where possible.
- Repair of the harm: which may consist of obligations to give, do or refrain.
- Compensation for losses: both material and moral, and not only to the victim but also to relatives or harmed third parties.
Who Is Liable
The offender is liable first. But the law also provides for subsidiary civil liability — such as the employer for the crimes of their employees — and, very importantly, the direct civil liability of insurance companies up to the policy limit.
It is claimed in the criminal proceedings
Civil liability is generally resolved within the criminal proceedings themselves. The victim may reserve the action for the civil courts, but joining as a private prosecutor is usually the most effective option.
How to Claim It Effectively
For compensation to be real and proportionate to the harm, it is advisable to join as a private prosecutor, provide proof of the loss (medical reports, expert opinions, invoices) and seek interim measures securing payment, such as the seizure of the offender's assets.
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Defence of victims and claims for civil liability arising from a crime.
That every offence gives rise to a criminal action and, where applicable, a civil action for restitution, reparation or compensation is established in Article 100 of the Spanish Criminal Procedure Law.
Frequently asked questions
What is civil liability arising from a crime?
It is the obligation to repair the harm and losses caused by an act described by law as a crime (Articles 109 and following of the Criminal Code). It is independent of the penalty: a person may be sentenced to prison and, in addition, ordered to compensate the victim.
What does it cover?
Restitution (returning the very item taken or damaged, where possible), repair of the harm (which may consist of obligations to give, do or refrain), and compensation for losses, both material and moral, not only to the victim but also to relatives or harmed third parties.
Who is liable for repairing the harm?
First, the offender. The law also provides for subsidiary civil liability, such as the employer for the crimes of their employees, and the direct civil liability of insurance companies up to the policy limit.
Where is civil liability claimed?
As a general rule, within the criminal proceedings themselves. The victim may reserve the action for the civil courts, but joining as a private prosecutor is usually the most effective option.
How is it claimed effectively?
By joining as a private prosecutor, providing proof of the loss (medical reports, expert opinions, invoices) and seeking interim measures that secure payment, such as the seizure of the offender's assets.
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