Private Prosecution: Active Victim Defense
Specialized private prosecution service for victims: active defense in criminal process, investigation impulse, formulation of criminal and civil claims.
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What is Private Prosecution
Private prosecution is active victim intervention in criminal process as accusing party. Not same as complaining: complainant limits themselves to communicating facts and stays outside process. Private prosecution, instead, appears as party, accesses case file, proposes diligences, appeals dismissal, formulates own qualification, requests sentence and claims compensation.
Difference with Complaint and Lawsuit
- Complaint: Act communicating criminal facts to authorities.
- Lawsuit: Solemn procedural act activating process and implying party appearance.
- Private prosecution: Subsequent appearance in already initiated process, at any time before oral trial.
Appearance and Access
Appearance through writ with lawyer and procurator. Once admitted, victim accesses entire case file, receives notifications, participates in diligences and may propose new ones.
Procedural Strategy
We design strategy in three planes: tactical — which diligences to propose and when; legal — which qualification to articulate and which sentence to request; economic — which civil liability to claim and with which expert evidence.
Criminal and Civil Claims
In accusation writ we articulate both aspects: sentence — qualification, degree, aggravations, specific request; ex delicto civil liability — damnum emergens, lucrum cessans, moral damage, medical and psychological expenses, costs. Quantification supported by specific expert evidence.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Greater conviction probability | Active private prosecution presence increases evidentiary solidity of process. |
| Greater achievable sentence | Private prosecution may request sentence greater than Prosecutor and maintain if withdraws. |
| Integral civil claim | Complete compensation for all concepts in same process, without additional procedure. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Early appearance
Sooner we appear, more control over investigation and its diligences.
Coordination with Prosecution
Coordinated but independent work with Public Prosecutor to maximize accusation solidity.
Articulated probative plan
Complete design of evidence to propose in each procedure phase.
Integral economic strategy
Realistic and expert-backed quantification of all claimable compensation.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.