If there are criminal proceedings, is compensation obtained there or in separate civil proceedings?

Question

José Manuel Alburquerque · Accepted Answer

Normally there. If you say nothing, the criminal judge also decides on compensation and the public prosecutor claims it on your behalf, even if you do not have a lawyer. But you can reserve the civil claim for later proceedings in the civil courts, which will have to wait until the criminal case has ended. If the accused is acquitted or the case is closed, you can still claim through the civil courts, unless a final judgment declares that the event did not take place. Neither route is always better and it is advisable to decide with a lawyer at the outset. Obtaining compensation in criminal proceedings The judge investigates the facts and, if there are injuries, they are assessed by the court's forensic doctor at no cost to you. Reporting it to the police or the court costs nothing and there is no need to attempt to reach an agreement first. You can join the proceedings as a party with your own lawyer to defend your claim better, although this is not compulsory. If you do not, give the court the invoices and receipts for your expenses so that they are taken into account. The convicted person has reasons to pay. Making good the damage before the trial reduces their sentence. Paying the compensation, or undertaking to pay it according to their means, is one of the requirements for a prison sentence to be suspended. The liable person's insurer is directly liable, up to the limit of its policy. If the liable person does not pay, others may have to, such as the company they worked for or the public authorities, if they were a public employee acting in the course of their duties. The judge can require the person under investigation to lodge a bond or can attach their assets to secure the compensation. Whatever the convicted person pays goes first to the victim, before the costs and the fine. The drawbacks and the civil route Criminal proceedings are usually slower and may end up being closed if the offence is not proved, because more evidence is needed for a conviction. While they last, civil proceedings over the same events are put on hold. It is only possible if the event may be a criminal offence. Minor carelessness no longer is. Some offences, such as minor injuries or less serious negligence, are only prosecuted if the injured party reports them. It is advisable to do so promptly, because those offences become time-barred after one year. Civil proceedings focus on compensation and are usually quicker. They require an attempt to reach an agreement first and, above 2.000 euros, a lawyer and a court agent (“procurador”). If you reserve the claim or there is no conviction If you would rather have compensation decided by a civil judge, you must expressly reserve the civil claim in the criminal proceedings. If you do not and there is a conviction, the criminal judge will set it. If the criminal proceedings end without a conviction, you can go to the civil courts even if you did not reserve the claim. The time limit for claiming in the civil courts normally starts to run when you are notified of the decision that brings the criminal proceedings to an end. If you reserved the claim, do not leave it until the last minute. An acquittal does not prevent the civil judge from ordering compensation, because negligence that may not amount to a criminal offence is enough for that.