Civil Liability and Parties in Spanish Criminal Proceedings

Civil Liability Arising from Crime

Crime, in addition to the strictly criminal consequences, can also affect property and cause damage. This may result in the obligation to return property, repair damage, and compensate for harm caused by the offense. Those subject to these consequences are termed civilly liable. The civil claim can be pursued alongside the criminal case or separately through a distinct civil proceeding. The Spanish Law of Criminal Procedure (LECrim) generally holds the perpetrator of the act civilly liable, as specified in the Criminal Code (CP): "...any person criminally responsible for an act shall also be civilly responsible...". However, civil liability is often directed towards individuals other than the primary defendant. In such cases, two types of liability exist:

Types of Civil Liability

Direct Liability

This applies to individuals who did not participate in the commission of the offense but profited from it. For example, if a robber steals jewelry and gifts a stolen ring to a friend, the friend benefits for profit and becomes directly liable under Article 122 of the CP: "Anyone who has participated for profit in the effects of a felony or misdemeanor is obligated to restitute the item or compensate for the damage up to the amount of their participation."

Another example involves situations of necessity, where the perpetrator might not be directly liable, but rather the person who benefited by avoiding greater harm. This beneficiary becomes directly civilly liable for the damage caused, having been spared from it. A similar situation can occur in cases of insuperable fear.

Vicarious Liability

Legally regulated by Article 120 of the CP, vicarious liability applies in the absence of criminal liability of the primary actors. Those who can be held civilly liable include:

• Parents or guardians for acts committed by individuals under their custody.
• Legal or natural persons owning magazines, newspapers, etc., for crimes or misdemeanors committed using these media.
• Employers for offenses committed by their employees or dependents in the scope of their duties.
• Owners of establishments for offenses committed therein when specific legal requirements are met.
• Owners of motor vehicles for damage caused by authorized drivers.

Additionally, Article 121 of the CP states that the State, Autonomous Communities (CCAA), etc., are liable for damage caused by their employees in the exercise of their functions. In essence, vicarious liability falls upon individuals or entities who did not commit or participate in the offense but are held responsible due to their legal relationship with the perpetrator.

Procedural Status of the Civilly Liable

The status of being civilly liable (whether directly or subsidiarily) is acquired outside the legal process itself. Procedurally, they are not considered a 'defendant' in the civil sense until formally charged by the judge regarding civil liability. At this point, they become a party to the process. They can intervene, but with a significant limitation: they can only participate regarding the civil aspects of the case, never the criminal ones.

Civilly liable parties can be subject to civil claims and precautionary measures, such as liens or bonds, but they can never be subjected to personal precautionary measures like imprisonment.

The Case Summary (Sumario)

Every case consists of a summary (sumario), which includes separate sections (piezas):

1. A section detailing the personal circumstances relevant to the trial (e.g., pre-trial detention status).
2. A section containing the civil liability aspects. Separate files or sub-sections must be opened within the summary for direct and subsidiary civil liability.

Those held civilly liable (directly or subsidiarily) can file appeals related to their civil liability. If a decision finding them liable is later dismissed before trial, they can only defend their position during the main trial. However, if appeals against the finding of liability are successful and the decision is overturned, the injured party may initiate separate civil proceedings against them.

Accusers and Plaintiffs in Criminal Cases

The Popular Accuser (Acusador Popular)

This refers to a private party exercising only the criminal action in the prosecution of public offenses.

Objective Requirements

• Distinction from the private prosecutor: The popular accuser is someone not directly harmed or offended by the crime. They pursue the criminal action but cannot bring a civil action for damages, as that right belongs to the aggrieved party.
• Scope: This role exists only in proceedings for public offenses. In private prosecutions (for crimes prosecutable only upon complaint by the victim), only the person offended by the crime can prosecute.

Subjective Requirements

• Spanish law states that all Spanish citizens may exercise this right. Foreigners cannot act as popular accusers.
• The popular accuser is required to post a bond (fianza), the amount and type determined by the court.

The Private Prosecutor (Acusador Particular)

The Private Prosecutor is a contingent party, meaning their participation is not essential for the criminal process to proceed (unlike the Public Prosecutor in public offenses). This is the party directly offended or harmed by the crime who chooses to participate actively in the criminal prosecution. If required by law, they must be represented by a court representative (procurador) and a lawyer (abogado).

The Civil Plaintiff (Actor Civil)

The Civil Plaintiff is also a contingent party involved in criminal trials. They participate solely to exercise the civil action derived from the crime (i.e., seeking compensation or restitution). They must have the necessary legal capacity, standing (legitimacy based on being harmed), and make a formal application to participate in this role.