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In Spanish law, the normal procedure for claiming compensation for damage and injury suffered is criminal proceedings, in which civil liabilities are analysed together with criminal ones. For that reason, the local criminal court (Juzgado de Instrucción) offers civil action to a person who has been harmed, so that they can state whether they wish to make a claim during the criminal proceedings or reserve the right to claim for the injury suffered through civil proceedings.
If they state that they wish to claim in the criminal proceedings, the injured party can either opt for civil action taken in their name by the public prosecutor (this will also happen if they do not state a preference) or, if they wish, attend in person (through a lawyer and the public prosecutor).
If they choose to claim for damages outside the criminal proceedings, the injured party needs to begin civil proceedings under the rules of these proceedings.
In cross-border situations, for example where the offence was committed in a different Member State from that where the victim lives, damages may be claimed under national law against the perpetrator of the crime before the criminal court judging the case.
Spanish law lays down specific compensation schemes for violent crimes, sexual offences and terrorism offences.
For violent crimes and sexual offences committed in Spain and resulting in death, serious physical injuries or harm to physical or mental health, Spain has a system of aid for this kind of wilful (intentional) and violent crime. Aid is also awarded to victims of sexual offences even when these crimes are committed without violence.
In general, the financial aid provided for in law can be accessed if at the time of the crime:
In the event of death, the abovementioned nationality or residence requirements apply to the beneficiaries, not to the deceased.
In the event of serious bodily injury or serious harm to physical or mental health, the direct victims, i.e. those who suffered the injuries or harm, will be the beneficiaries.
Injuries giving entitlement to financial aid are those which prejudice physical integrity or physical or mental health and which cause the victim temporary incapacity lasting more than six months, or at least 33 % permanent disability.
For terrorism offences, there are several kinds of State aid intended for victims of terrorism to compensate them for the harm caused by these kinds of crime. A direct connection between the terrorist act and the harm suffered is required.
The following damage and injuries are eligible for compensation:
With the exception of bodily injury, compensation for the abovementioned harm will be secondary to that established for the same circumstances by any other public body, or to those arising from insurance contracts. In these cases, compensation will represent the difference between that paid by the abovementioned public administrations or insurance agencies and the officially conducted valuation.
The amount of compensation will be determined according to the harm that occurs (severity of the injuries and type of disability they cause, death, etc.).
Other aid:
In the case of violent crimes and sexual offences that directly result in the death of the victim, indirect victims can be beneficiaries if, at the time the crime was committed, the victim was Spanish or a national of any other EU Member State or, if this is not the case, was ordinarily resident in Spain or a national of another State that awards similar aid to Spaniards in its territory.
Beneficiaries as indirect victims would be the following:
In the event of the death of a minor or disabled person as a direct consequence of a crime, the parents or guardians of the minor or disabled person will only be entitled to aid consisting of compensation for the funeral expenses they have actually paid, up to the legally established limit.
In cases of sexual offences that cause harm to the victim’s mental health, the amount of aid will cover the costs of the therapeutic treatment freely chosen by the victim, with a maximum established by law.
In the case of terrorism offences, if these have led to the death of the direct victim, the following can be beneficiaries of the aid:
In the case of violent or sexual offences that have caused the victim serious physical injuries or serious harm to their physical or mental health, only direct victims have the right to compensation, i.e. those who have suffered the injuries or harm. Indirect victims can be beneficiaries of aid only in the case of the death of a direct victim, in the cases laid down by law and provided the requirements laid down by law are met.
In the case of terrorism offences, the following are considered entitled to the legally regulated rights and benefits:
In the case of violent crimes or sexual offences:
Yes, if the State of which the victim is a national grants similar aid to Spaniards in its territory. This practice of recognition, in which the applicable legislation in the State of which the victim is a national is invoked, must be evidenced and constitutes one of the documents that must accompany the application for definitive aid for temporary incapacity or disabling injuries, for example. The Spanish administration will verify the content and validity of the foreign law invoked and determine if it can be applied to each specific case.
In the case of terrorism offences, in order for the aid scheme, benefits and compensation provided for by Spanish legislation to apply, the terrorist acts must have been committed in Spanish territory or under Spanish jurisdiction and occurred after 1 January 1960.
If a victim suffers the consequences of a terrorist act committed in Spanish territory or under Spanish jurisdiction after 1 January 1960, they have the right to access the aid provided for by law, regardless of their nationality.
The aid scheme provided for by Spanish legislation also applies to the following cases:
Spanish nationals who are victims abroad of groups that habitually operate in Spain, or of terrorist acts against the Spanish State or Spanish interests;
Spanish victims of terrorist acts committed outside national territory that are not included in the paragraph above;
Participants in peace and security operations forming part of Spanish contingents abroad that are the object of a terrorist attack.
In the case of violent crimes and sexual offences, the provisions of Spanish legislation apply to the provisional and final procedures for processing and providing the aid to direct and indirect victims of crimes provided for by law, if the crime is committed in Spain and the applicant for aid is habitually resident in another EU Member State.
In such cases, if the application for public aid provided for in Spanish legislation is made via the assisting authorities of the State in which the applicant habitually resides, the deciding authority in Spain (i.e. the Directorate-General for Personnel and State Pension Costs (Dirección General de Costes de Personal y Pensiones Publicas) of the Ministry of Finance and Public Administration (Ministerio de Hacienda y Función Pública)) must notify the applicant and the assisting authority of:
In addition, as the decision-making body, the Directorate-General for Personnel and State Pension Costs, may obtain the cooperation of the assisting authority of the State in which the aid applicant habitually resides, in order to hold a hearing with the applicant or with any other person it considers necessary.
To that end, it may ask the assisting authority to provide whatever is needed for the investigating body to directly carry out the hearing, in particular by telephone or videoconferencing, with the person to be heard, if they agree to this or
Yes, in the case of violent crimes and sexual offences, although there is the possibility that the criminal proceedings may have been started by the competent authorities of their own motion, with no need for reporting to the police.
As a general rule, granting of the aid is conditional upon a legal ruling ending the criminal proceedings, against which no further remedy is available. While criminal proceedings are ongoing, the legislation provides for the granting of interim aid to address the precarious financial situations of victims of crime or their beneficiaries. Interim aid may be applied for once the victim has reported the events to the competent authorities or when the criminal proceedings have been initiated by the competent bodies without the need for a report.
Do I have to await the outcome of any police investigations or criminal proceedings before I can claim?
In the case of violent crimes and sexual offences, to submit the claim for financial aid, you must attach to the claim a copy of the legal ruling ending the criminal proceedings and against which no further remedy is available, whether it is a judgment, a judgment in absentia, a decision to close the case due to the death of the accused, or a decision to dismiss the case.
In the case of terrorism offences, it is a requirement for the granting of the aid and benefits provided for in Spanish legislation that either the victim has been granted the right to be compensated by way of civil liability for the acts and their consequences that can be compensated for by virtue of a judgment against which no further remedy is available, or although such a judgment has not been issued, the appropriate legal investigation has been carried out or the criminal proceedings for the prosecution of the crimes have been initiated.
In the case of violent crimes and sexual offences, to submit the claim for financial aid, you must attach to the claim a copy of the legal ruling ending the criminal proceedings and against which no further remedy is available, whether it is a judgment, a judgment in absentia, a decision to close the case due to the death of the offender, or a decision to dismiss the case.
This requirement means that, if you are going to claim financial aid, you need to begin legal proceedings against the person allegedly responsible for the crime.
In the case of terrorism offences, it is a requirement for the granting of the aid and benefits provided for in Spanish legislation that either the victim has been granted the right to be compensated by way of civil liability for the events and their consequences that can be compensated for by virtue of a judgment against which no further remedy is available, or although such a judgment has not been issued, the appropriate legal investigation has been carried out or the criminal proceedings for the prosecution of the crimes have been initiated.
Consequently, it is necessary for criminal proceedings to have started or at least for the appropriate judicial investigation to have been carried out, in order to apply for the aid and benefits provided for in law.
In the case of violent crimes and sexual offences, if the offender has not been identified it would not be possible to apply for compensation, since one of the requirements is a copy of the legal ruling against the alleged offender ending the criminal proceedings and against which no further remedy is available. If the criminal proceedings have yet to be ended - i.e. a legal ruling ending the criminal proceedings and against which no further remedy is available has not yet been issued - interim aid may be applied for, provided that evidence is provided of the precarious financial situation of the victim or his or her beneficiaries.
If the alleged offender does not appear in court, the relevant judgment in absentia must be included in the aid application.
One of the documents that must be submitted with applications for interim aid is a report from the public prosecutor’s office indicating that there is prima facie evidence for assuming that the death, injuries or harm were caused by a violent and wilful (intentional) act.
In the case of terrorism offences, the aid and benefits provided for in Spanish legislation may be applied for if the appropriate legal investigations have been carried out or the criminal proceedings for the judgment of the crimes have been initiated.
In the case of violent crimes and sexual offences, the time limit for claiming the aid is generally one year from when the crime was committed.
In the case of terrorism offences, the time limit for submitting applications for compensation for personal injury or material damages is generally one year from the date on which the harm occurred.
- Material damage
In the case of violent crimes and sexual offences, aid is granted in the event of death, serious physical injury or serious harm to physical or mental health.
Serious injury is considered to be that which affects bodily integrity or physical or mental health, and which temporarily or permanently incapacitates the person who has suffered it.
Physical injury or harm to physical or mental health would need to be sufficiently serious to declare permanent disablement or a situation of temporary incapacity lasting more than six months, in accordance with Spanish social security legislation. Permanent incapacity must involve at least 33 % incapacity.
In the case of terrorism offences, ordinary aid covers the following contingencies:
In addition, in applicable cases, beneficiaries have the right to:
Persons who have suffered physical injury are entitled to compensation for spending on medical treatment, prostheses and surgical interventions connected to the terrorist action, if the need for them is demonstrated and it is not covered by any public or private welfare system covering these persons.
The following situations are distinguished:
In addition, in applicable cases, beneficiaries have the right to:
As regards assessing compensation for after-effects, including physical, intellectual, sensory and organic impairments and cosmetic damage arising from an injury and remaining once the healing process is over, the system set up for victims of traffic accidents includes expenditure on future healthcare, prosthesis, rehabilitation at home and in clinics, and costs incurred due to the loss of personal independence, among other things.
It also includes temporary incapacity, which a victim might experience while receiving healthcare and unable to perform their occupational or normal activities.
Similarly, victims of terrorism affected by permanent non-disabling injuries are entitled, where applicable, to:
In addition, in appropriate cases, victims are also entitled to additional aid granted for those affected by permanent disablement or permanent non-disabling injuries, except for educational aid.
Similarly, beneficiaries may be compensated for personal injury that the act of kidnapping may have caused them, together with other types of aid, such as:
Damage caused to publicly-owned assets cannot be compensated for.
Beneficiaries are entitled to:
Compensation for damage to housing:
Temporary accommodation:
Compensation for damage to commercial or industrial establishments:
Compensation for damage to vehicles:
Responsibility for compensation to victims of terrorist attacks is taken by the State, which in exceptional cases will pay the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.
- Psychological damage
In the case of violent crimes and sexual offences, if the crime has caused harm to the victim’s mental health (psychological damage), the amount of aid will defray the costs of any therapeutic treatment freely chosen by the victim, by the maximum amount specified by Spanish legislation.
In the case of terrorism offences, with regard to the psychological harm, victims of terrorist attacks will immediately receive, free of charge, the psychological and psychiatric assistance necessary to meet their needs for care for as long as this is clinically judged to be necessary for their fastest and most effective recovery.
This aid extends to direct victims themselves and also to those threatened and their families or those with whom they cohabit.
(b) Rights of persons or relatives of victims
- Material damage
In the case of violent crimes and sexual offences, parents of a minor who dies as a result of a crime are considered to be beneficiaries as indirect victims.
In such cases, aid is limited to compensation for funeral expenses that the parents or guardians of the deceased child may actually have paid, within the limits laid down by Spanish legislation.
Expenses related to the wake, removal, burial or cremation are considered to be funeral expenses eligible for compensation.
In the case of terrorism offences, the State will pay the removal, funeral, burial and/or cremation costs of persons killed as a result of a terrorist attack who are not covered by an insurance policy, up to a limit set by the applicable legislation.
- Psychological damage:
In the case of terrorism offences, the aid provided for with regard to psychological and psychiatric assistance for the direct victims of terrorist acts also extends to family members and persons with whom they cohabit, who may suffer psychological effects arising from the terrorist acts which manifest themselves later: they are entitled to funding of the cost of psychological attention, following prescription by a medical practitioner, up to a limit determined for individualised treatment.
In the case of violent crimes and sexual offences, in general the amount of aid cannot ever exceed the compensation set in the judgement.
The amount of aid will be determined by applying a set of rules, providing it does not exceed the amount specified in the judgment:
The IPREM is an index that is fixed annually and used to determine the amount of certain benefits or the threshold for accessing certain benefits, entitlements or public services.
The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of death.
Payment of the amount of aid granted for therapeutic treatment expenses for sexual offences that have caused harm to the mental health of victims will be made in accordance with the following criteria:
Interim aid may also be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated. This aid may be provided via a single payment or regular payments.
In the case of terrorism offences:
For the removal, funeral, burial and/or cremation costs of persons killed as a result of a terrorist attack who are not covered by an insurance policy, a single payment is made up to a legally established limit.
For compensation of permanent non-disabling injuries, compensation is either made in a single payment or monthly instalments, depending on the scale set out.
Damage caused to publicly-owned assets cannot be compensated for.
Generally speaking, payment is made as a single payment of the amounts specified by the applicable legislation, with the exception of aid for temporary accommodation: this is provided in monthly payments, with aid being calculated on a daily basis if the accommodation is in a hotel, and on a monthly basis if housing is being rented.
Beneficiaries are entitled to:
Compensation for damage to housing:
Temporary accommodation:
Compensation for damage to commercial or industrial establishments:
Compensation for damage to vehicles:
The system of payments by instalments will be applied to cases of temporary incapacity and disabling injuries caused by terrorist attacks within the scope laid down by Spanish legislation.
For cases in which, due to the severity of the injuries suffered, it is reasonable to assume that total permanent incapacity for one’s normal occupation, permanent incapacity for any occupation, or severe disability of the victim will later be declared, payment by instalments may be made up to the legally established limit.
In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping. This extraordinary aid normally takes the form of a single payment, except for non-disabling permanent injuries and kidnapping.
In the case of violent crimes and sexual offences, public aid may be refused or its amount reduced if total or partial granting would be inequitable or contrary to public order in the following circumstances declared by judgment:
If a person who died as a result of the crime falls under one of the abovementioned reasons for refusal or limitation of aid, beneficiaries may access the aid on the basis of being indirect victims, if they are in financial distress.
In the case of violent crimes and sexual offences, your financial situation is taken into account in determining the amount of aid to be granted, since the following weightings are applied:
Your financial situation is also taken into account to determine whether you as beneficiary are in a situation of financial dependence that might result in granting of the relevant aid. If your situation is financially precarious, in accordance with the relevant legislation, interim aid may be granted before a legal ruling ends the criminal proceedings and against which no further remedy is available.
In the case of terrorism offences, in order to establish entitlement to compensation for death, the financial dependence of the beneficiary on the deceased at the point of death due to the terrorist act is taken into account, using annual income of any kind received by them.
No.
In the case of violent crimes and sexual offences, the amount of aid cannot ever exceed the compensation set in the judgment. The exact amount is determined by applying a series of rules:
To determine the amount of aid to be received in these cases, the following correction factors are successively applied to the maximum amounts of each relevant aid:
To determine the amount of aid to be received in this case, the following correction factors are successively applied to the maximum amounts of each relevant aid:
The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of the death.
In the case of sexual offences causing harm to the mental health of the victim, the amount of aid will defray the expenditure on therapeutic treatment freely chosen by the victim, up to a limit of five monthly instalments of the IPREM in force on the date of the issuing of the forensic medical report substantiating the harm to the mental health of the victim which can be treated therapeutically.
Interim aid may be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated.
In the case of terrorism offences:
Beneficiaries of this compensation will be entitled to an increase in aid by a fixed amount of twenty monthly payments of the IPREM in force on the date of the terrorist act, for each of the children or minors covered that depended financially on the victim at the time of the death.
It is considered that a person depends financially on the deceased person if, at the time of death, they lived totally or partially at the expense of that person and they did not receive on an annualised basis income of any kind exceeding 150 % of the annualised IPREM in force at that time.
Aid is also granted for the costs of removal, funeral and burial and/or cremation of persons who have died as a result of a terrorist attack and who are not covered by an insurance policy, up to the legally-established limit. The costs will be met following submission of the relevant invoices. It will be necessary to accompany them with the insurance policy covering these costs, or with an affidavit declaring the absence of such insurance.
For compensation of permanent non-disabling injuries, compensation is either made in a single payment or monthly instalments, depending on the scale set out.
Beneficiaries will be entitled to the aid to the aid provided and to an increase of said aid by a fixed amount of 20 monthly payments of the relevant IPREM for each of the children or minors covered that depended financially on the victim at the time of the terrorist act that caused the injury.
Combined together, the compensations cannot ever exceed the value of the damage caused.
Damage caused to publicly-owned assets cannot be compensated for.
Beneficiaries are entitled to:
compensation for damage to housing:
temporary accommodation:
compensation for damage to commercial or industrial establishments:
compensation for damage to vehicles:
In order to benefit from the aid, you cannot already have, or meet the legal requirements to obtain, a qualification of the same level or higher than the studies for which the aid is requested.
For language teaching and baccalaureate or equivalent or higher-level studies, the academic requirements for enrolment and achieved study content laid down in Spanish legislation on bursaries and study aid will apply.
However, for the calculation of the minimum academic achievement required of the beneficiaries of study aid, the Ministry of the Interior will apply a correction factor of 0.60 to students with specific educational support needs who require adaptation of the curriculum or increased time to undertaken their studies because of physical or mental incapacity.
In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.
The amount of compensation will be determined as follows:
In the case of violent crimes and sexual offences, in general the amount of aid cannot ever exceed the compensation set in the judgment.
The amount of aid will be determined by applying a set of rules, providing it does not exceed the amount specified in the judgment:
The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of the death.
Payment of the amount of aid granted for therapeutic treatment expenses for sexual offences that have caused harm to the mental health of victims will be made in accordance with the following criteria:
Interim aid may also be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated. This aid may be provided through a single payment or through regular payments.
In the case of terrorism offences:
For the removal, funeral, burial and/or cremation costs of persons deceased as a result of a terrorist attack who are not covered by an insurance policy, a single payment is made up to a limit of EUR 6 000.
Damage caused to publicly-owned assets cannot be compensated for.
Generally speaking, payment is made as a single payment of the amounts specified by the applicable legislation, with the exception of aid for temporary accommodation: this is provided in monthly payments, with aid being calculated on a daily basis if the accommodation is in a hotel, and on a monthly basis if housing is being rented.
Beneficiaries are entitled to:
Compensation for damage to housing:
Temporary accommodation:
Compensation for damage to commercial or industrial establishments:
Compensation for damage to vehicles:
The system of payments by instalments will be applied to cases of temporary incapacity and disabling injuries caused by terrorist attacks within the scope laid down by Spanish legislation.
For cases in which, due to the severity of the injuries suffered, it is reasonable to assume that permanent incapacity for one’s normal occupation, permanent incapacity for any occupation or severe disablement of the victim will later be declared, payment by instalments may be made up to EUR 18 030.36.
In exceptional cases, the State will take responsibility for paying the relevant compensation on the basis of civil liability for death or for physical or psychological harm, covering the following contingencies: death, severe disability, permanent incapacity for any occupation, permanent incapacity for one’s normal occupation, partial permanent incapacity, permanent non-disabling injuries and kidnapping.
The amount of compensation will be determined as follows:
No.
In the case of violent crimes and sexual offences, generally speaking, receiving legally regulated aid is not compatible with receiving compensation for injuries and damage caused by the crime which is laid down by a judgment.
However, it is possible for all or part of the legally regulated aid to be paid if the offender has been declared partially insolvent; but the amount received from both sources cannot ever be more than that set in the judicial decision.
Hence, the aid provided for in Spanish legislation is incompatible with:
In spite of the above, possible payment of the legally regulated aid may be appropriate for a beneficiary of a private insurance if the amount of compensation received from the insurance is less than that set in the judgment, provided the difference to be paid does not exceed the set scale.
In the case of injury or harm causing the permanent incapacity or death of the victim, receipt of the aid will be compatible with receipt of any public pension that the beneficiary has a right to receive.
Aid for permanent incapacity is incompatible with that for temporary incapacity.
In the case of terrorism offences, with regard to the material damage caused to victims as a result of this kind of crime, compensation for this kind of harm will be secondary to that granted by the public authorities or arising from insurance contracts, and will be reduced by the amount received from these sources.
With regard to damage to vehicles, the damage caused to private vehicles can be compensated for as well as that suffered by the users of land transport for persons or goods, except those in public ownership, provided that at the time of the incident the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation. This compensation is secondary to any other compensation granted by public authorities or arising from insurance contracts, and is reduced by the amounts of such compensation.
With regard to the costs of removal, funeral, burial and/or cremation of persons who have died as a result of a terrorist attack, payment will be made by the Spanish Central Government provided the recipients are not covered by an insurance policy, up to the legally established limit. It will be necessary to accompany the relevant invoices with the insurance policy covering these costs, or with an affidavit declaring the absence of such insurance.
Yes.
In the case of violent crimes and sexual offences, interim aid may be granted before the legal ruling ending the criminal proceedings against which no further remedy is available is handed down, so long as the precarious financial situation in which the victim or their beneficiaries were left has been demonstrated. The financial situation of a victim or the beneficiaries will be considered to be precarious if, on the date on which aid is applied for, neither the victims nor the beneficiaries are receiving annualised incomes of any kind greater than the annualised Public Multiple Purpose Index (IPREM) in force at the time of the application.
In any event, for the granting of such interim aid, it must be demonstrated that the applicant meets the requirements laid down by the applicable legislation for being a beneficiary of the relevant definitive aid.
In the case of terrorism offences, the Ministry of the Interior may pay an amount in advance, up to the legally established limit, pending receipt of the definitive aid, in cases in which due to the severity of the injuries suffered as a result of the terrorist action it is reasonable to assume that permanent incapacity for one’s normal occupation, permanent incapacity for any occupation, or severe disability of the victim will later be declared.
Similarly, where there are disabling injuries or temporary incapacity, periods of time off work can be paid for on a quarterly basis. These amounts paid in instalments will be equivalent to twice the IPREM in force on the date of the injury for the days of incapacity.
Yes.
In the case of violent crimes or sexual offences, if, having been granted aid for a certain level of incapacity or impairment, either a more serious situation meriting a greater amount or the death of the victim as a direct consequence of the injuries or harm occurs, it will be appropriate to make a one-off grant of aid for worsening of the prejudicial consequence.
The period for applying for the new aid is one year counting from the date of the judgment granting the initial aid to seek review of the degree of incapacity or disablement.
In the case of terrorism offences, although normally applications must be submitted within a maximum of one year from the date the damage occurred, if as a direct result of the injuries suffered because of the terrorist act a worsening of the consequences or the death of the person affected occurs, a new period of the same duration will be started for applying for the relevant difference in the amount.
In the case of violent crimes and sexual offences, for the granting of definitive aid for temporary incapacity and disabling injuries, the application by the victim or their representative must be on the official form and include the following details and documents:
In addition, the following documents must always be attached:
If the application for aid is made for temporary incapacity and the person concerned was covered by a public social security scheme, the certificate provided must also show that no right to benefit for that incapacity was granted.
For the granting of definitive aid in cases where death resulted, the application following the official template of the indirect victim or their representative must include the following details and documents:
In addition, the following documents must always be attached:
To demonstrate permanent cohabitation as the equivalent of spouses, it is advisable to provide a certificate issued by the relevant registry of partners in a registered relationship (Registro de parejas de hecho).
In order to demonstrate their parentage, children of a spouse who was not legally separated or of a person who was cohabiting with the deceased under the terms laid down in the applicable legislation must provide the relevant certificates of the registration of birth issued by the municipal registry of births, marriages and deaths.
Similarly, they must demonstrate that their parent was married to or cohabiting with the deceased, unless those facts have already been demonstrated by their parent’s application for aid.
In addition, both the children of the deceased and those of the spouse who was not legally separated or those of the person who was cohabiting with the deceased must prove that they were depending financially on the deceased, using the following documentation:
For the granting of definitive aid for funeral expenses, the application, using the official form, of the parents or guardians of a minor or incapacitated adult, or of their representatives, must include the following details and documents:
In addition, the following documents must always be attached:
For the granting of definitive aid for spending on therapeutic treatment following sexual offences, the application of the victim or their representative must be on the official form and include the following details and documents:
In addition, the following documents must always be attached:
For the granting of interim aid for temporary incapacity and disabling injuries, the application of the victim or their representative must be on the official form and include the following details and documents:
For the granting of interim aid in cases where death resulted, the application following the official template of the victim or their representative must include the following details and documents:
Specifically for this kind of aid, a declaration of the incomes of any kind received by the applicant during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT).
To demonstrate permanent cohabitation as the equivalent of spouses, it is advisable to provide a certificate issued by the relevant registry of partners in a registered relationship (Registro de parejas de hecho).
Specifically for this kind of aid, a declaration of the incomes of any kind received by the applicant during the year immediately before the date of the application, as well as a copy of the income tax return for the last financial year or, if that return was not made, an exemption certification issued by the National Agency for Tax Administration (AEAT).
In order to demonstrate their parentage, children of a spouse who was not legally separated or of a person who was cohabiting with the deceased under the terms laid down in the applicable legislation must provide the relevant certificates of the registration of birth issued by the municipal registry of births, marriages and deaths. Similarly, they must demonstrate that their parent was married to or cohabiting with the deceased, unless those facts have already been demonstrated by their parent’s application for aid.
In addition, both the children of the deceased and those of the spouse who was not legally separated or those of the person who was cohabiting with the deceased must prove that they were depending financially on the deceased, using the following documentation:
For the granting of interim aid in cases where death resulted, the application using the official form of the victim or their representative must include the following details and documents:
For the granting of interim aid for spending on therapeutic treatment for sexual offences, the application of the victim or their representative must be on the official form and include the following details and documents:
In the case of terrorism offences, the procedure for granting the different kinds of legally established aid is begun through an application on the official form by the person concerned or their representative, which must be accompanied by the following documents:
No.
In the case of violent crimes and sexual offences, the handling and decision-making on the public aid provided for in the law is the responsibility of the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration.
In the case of terrorism offences, decision-making on the granting or refusal of legally granted aid is the responsibility of the Ministry of the Interior.
In the case of violent crimes and sexual offences, applications for aid are sent on the official form to the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration, at the following address:
Avenida del General Perón, 38 (Edificio Master's II) - 28020 Madrid.
For help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on any financial aid that may apply to them and the different procedures.
These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.
You can find the locations of the Crime Victim Support Offices at the following link.
In the case of terrorism offences, applications for aid are sent on the official form to the Ministry of the Interior’s Directorate-General for the Support of Victims of Terrorism, at the following address:
Subdirección General de Apoyo a Víctimas del Terrorismo, C/ Amador de los Ríos 8. 28010 MADRID
The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:
C/ Goya, 14, 5ª planta, 28071 MADRID.
Contact telephone number: + 34 91 400 74 02
In the case of violent crimes and sexual offences, once all the investigations are complete and before the draft decision on granting or refusing the aid requested is drawn up, a hearing will be granted to the applicant, in accordance with the applicable legislation, to allow them to present the relevant arguments.
If the crime was committed in Spain and the applicant for aid is habitually resident in another EU Member State, when the application for aid is made via the assisting authority of the Member State in which the applicant habitually resides, the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration, as the deciding authority, may obtain the cooperation of the relevant assisting authority to carry out the procedure for the hearing of the applicant or of any other person if it considers this necessary.
In order to carry out the hearing, the Directorate-General for ePersonnel and State Pension Costs of the Ministry of Finance and Public Administration may ask the assisting authority of the Member State in which the applicant for the aid is habitually resident to provide whatever is needed so that the body investigating the granting or refusal of the aid can conduct the hearing directly, by telephone or video-conference, if the applicant agrees to this. In addition, the assisting authority conducting the hearing must send the Directorate-General for Personnel and State Pension Costs of the Ministry of Finance and Public Administration a report of the hearing carried out.
In the case of terrorism offences, the same rules as for violent crimes and sexual offences where the crime was committed in Spain and the applicant for aid is habitually resident in another EU Member State apply. If the application for aid is made via the assisting authority of the Member State in which the applicant is habitually resident, it is the Ministry of the Interior, via the Directorate-General for the Support of Victims of Terrorism, as deciding authority, that carries out the action described above with regard to the hearing.
In the case of violent crimes and sexual offences, the time limit for claiming the aid is generally one year counting from the date when the crime occurred.
The time limits for issuing a decision to grant or refuse the aid, either finally or provisionally, are as follows:
Applications may be understood to have been refused if no decision has been expressly issued when the time limit for issuing an explicit decision has passed.
In the case of terrorism offences, in general applications must be submitted within one year from when the damage occurred or from the point at which there was a diagnosis demonstrating a causal relationship between the consequence and the terrorist act. In the case of study aid, the time limit is three months from enrolment on the course.
The time limit for making and communicating the relevant decision is 12 months, except for study aid where it is 6 months, with the request being understood as approved if the time limits have passed with no explicit decision being issued.
For violent crimes and sexual offences, applicants can challenge the decisions of the Ministry of Finance and Public Administration on legally established aid within a period of one month following notification. If the decision is not challenged within that period, the only option is to lodge an appeal for exceptional review with the appropriate Ministry.
The challenge can be made to the Ministry of Finance and Public Administration or to the National Commission for the Aid and Assistance of Victims of Violent Crimes (Comisión Nacional de Ayuda y Asistencia a las Víctimas de Delitos Violentos).
The National Commission is the competent body for deciding on challenges to the decisions of the Ministry of Finance and Public Administration on the aid granted by the applicable legislation.
If three months pass following the challenge with no agreement reached by the National Commission, the challenge may be considered refused, and an administrative appeal against it may be lodged.
In the case of terrorism offences, decisions issued by the Ministry of the Interior on the administrative procedures for applying for the different kinds of aid may be appealed against internally or challenged directly in the administrative justice legal system.
For violent crimes and sexual offences, for help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on the financial aid that may apply to them and the different procedures for applying for it.
These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.
You can find the locations of the Crime Victim Support Offices in the following link.
The specific forms for the aid are available at the following link.
In the case of terrorism offences, applications for aid are sent on the official form to the Ministry of the Interior’s Directorate-General for the Support of Victims of Terrorism, at the following address:
Subdirección General de Apoyo a Víctimas del Terrorismo, C/ Amador de los Ríos 8. 28010 MADRID
The specific forms for the aid are available at the following link.
The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:
C/ Goya, 14, 5ª planta, 28071 MADRID.
Contact telephone number: + 34 91 400 74 02
In the case of violent crimes and sexual offences, the forms or templates for the different kinds of aid are available at the following link.
You can check the location of the Crime Victim Support Offices, which will provide information about the financial aid that may apply to you and the different procedures that must be gone through to apply for it, at the following link.
In the case of terrorism offences, you can check the website of the Ministry of the Interior for information on the aid available.
The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism.
In the case of violent crimes and sexual offences, victims can request free legal aid in accordance with the requirements and procedure laid down in the applicable legislation.
In particular, under Spanish legislation, victims of gender-based violence are entitled to receive free legal advice immediately before filing the complaint, and to free defence and representation by a lawyer and representative in all proceedings and administrative procedures resulting directly or indirectly from the violence suffered.
In these situations, a single legal team should undertake the defence of the victim, provided that this duly guarantees the victim’s right of defence. This right will also apply to successors in the event of the victim’s death, provided that they were not involved in the acts.
In the case of terrorism offences, victims of terrorism recognised by Spanish legislation are entitled to legal aid in all judicial proceedings and administrative procedures arising from the terrorist act that has resulted in their status as a victim, regardless of their financial resources, under the terms of the free legal aid legislation in force in Spain.
In any event, immediate free legal aid is guaranteed for all victims of terrorism who apply for it. The right to legal aid will be lost if the status of victim is subsequently not granted or if an acquittal against which no further remedy is available is issued, or if no further action is taken on the case, with no obligation to repay the cost of any benefits enjoyed free of charge up to that point.
For violent crimes and sexual offences, for help with presenting and sending applications for aid, applicants can go to the relevant Crime Victim Support Offices, where they will receive information on the financial aid that may apply to them and the different procedures for applying for it.
These offices are found in all the autonomous communities, in nearly all provincial capitals, and also in other cities.
You can find the locations of the Crime Victim Support Offices at the following link.
The National High Court’s Terrorism Victim Information and Support Office provides general information on the financial aid that may apply to victims of terrorism. This Office is located at:
C/ Goya, 14, 5ª planta, 28071 MADRID.
Contact telephone number: + 34 91 400 74 02
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