Access to Redress Mechanisms in Spain
- Document number
- 2905
- Date
- 2011
- Title
- Access to Redress Mechanisms in Spain
- Author/publisher
- Women's Link Worldwide
- Availability
- View/save PDF version of this document
- Document type(s)
- Guidelines/Recommendations, Research/Study/Analysis,
- Keywords
- trafficking, compensation, Spain
- Summary
- The purpose of this memo is to investigate the ways to access redress (restitution, compensation) within the Spanish system. This research outlines the steps that can be taken in relation to a trafficking case pursuant to COMP.ACT in order to seek compensation via criminal as well as civil law.
In order to access compensation, it is important to undertake a proper investigation of assets, which will ultimately be necessary to secure the payment of financial liability, including civil liabilities – ex delicto- deriving from the criminal offence, court costs and fines.
At times, the only method of compensating for the damage caused by a crime is through economic restitution or a payment of compensation to the victim. The object of civil liability “ex delicto” is restitution of the goods the subject matter of the crime, the payment of damages, reparation of the damage and compensation for economic/material and moral damage caused. Judicial actions carried out with this objective should ensure the identification and securing of the goods to be returned, as well those belonging to the persons who may be held civilly liable.
Procedural law states that “Any felony or misdemeanour gives rise to a criminal action to punish the guilty party, and may also give rise to a civil action for the recovery of the thing, the reparation of the damage and compensation for the damage caused by the punishable act.” This is also reflected in the Criminal Code: “Every person criminally responsible for a crime or misdemeanour is also civilly responsible where the act gives rise to damages”. Thus, the commission of a crime or misdemeanor requires the reparation of the damage caused.
Civil responsibility can be pursued through criminal proceedings, whereby the crimes to which there has been a victim are prosecuted in a separate section on civil liability or alternatively there can be an entirely separate civil proceeding. The former option is the more frequently employed, as prosecutors are required to seek civil responsibility in criminal indictment proceedings. Civil liability may thus be pursued along with the criminal action, or it may be pursued completely separately. If it is pursued together with the criminal action, it is not possible to separately pursue the civil element until the criminal action has resulted in a final decision. - Related documents