Private Prosecution in Spain: How to Join Criminal Proceedings (2026)

Private prosecution is the figure that allows the victim of a crime to become an active party in criminal proceedings, with their own voice and strategy. As criminal lawyers, we explain how and when to join.

What Private Prosecution Is

Private prosecution is the exercise of the criminal action by the victim of the offence. Unlike the public prosecutor, who acts in defence of legality, the private prosecutor defends the victim's specific interests: the conviction of the offender and compensation for the harm.

What It Allows You to Do

• Propose investigative steps during the investigation phase.
• Classify the facts and request the penalty, which may differ from — and exceed — the prosecutor's.
• Propose evidence and question witnesses at trial.
• Claim civil liability (compensation) for the harm suffered.
• Appeal a dismissal or the judgment.

The Deadline to Join

The victim must join, with a lawyer and a court agent, before the formal-charges stage. The sooner the better: being present from the investigation allows the victim to influence the steps taken.

Why You Should Join

Joining as a private prosecutor lets the victim set the strategy, avoid hasty dismissals, ensure all relevant evidence is taken and claim compensation matching the harm actually suffered.