Private Prosecution in Spain: How to Join Criminal Proceedings (2026)
In this article
Key Takeaways
- Private prosecution defends the victim
- Can request a penalty different from the prosecutor's
- Join before the formal-charges stage
- Allows appeals against dismissals
Private prosecution is the exercise of the criminal action by the victim of an offence, who thereby becomes an active party in the proceedings with their own strategy. Unlike the public prosecutor, who acts in defence of legality, it defends the victim's specific interests: proposing investigative steps, classifying the facts and requesting a penalty that may exceed the prosecutor's, claiming civil liability (compensation) and appealing a dismissal or the judgment. The victim must join, with a lawyer and a court agent, before the formal-charges stage, and the sooner they do so, the better.
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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.
The prosecutor is not your lawyer
The public prosecutor safeguards legality, not your particular interests. Without a private prosecution, the victim does not control the strategy or the compensation claim.
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.
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Frequently asked questions
What is private prosecution?
It is the exercise of the criminal action by the victim of the offence, who joins the proceedings as an active party. Unlike the public prosecutor, who acts in defence of legality, private prosecution defends the victim's specific interests: the conviction of the offender and compensation for the harm.
What does joining as a private prosecutor allow you to do?
To 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 and appeal a dismissal or the judgment.
What is the deadline to join?
The victim must join, with a lawyer and a court agent, before the formal-charges stage. The sooner they do so, the better: being present from the investigation allows them to influence the steps taken and guide the investigation. After being formally notified of this right, it is advisable to decide quickly.
Isn't the public prosecutor enough?
The public prosecutor safeguards legality, not the victim's particular interests. Without private prosecution, the victim does not control the strategy or the compensation claim and remains a mere bystander in the proceedings.
Why should you join as a private prosecutor?
It allows you to set the strategy, avoid hasty dismissals, ensure all relevant evidence is taken and claim compensation matching the harm actually suffered.
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