Roles of Active and Passive Parties in Criminal Procedure

Parties in Criminal Proceedings: Roles and Responsibilities

Active Parties (Accusers)

Active parties are individuals, legal entities, or institutions calling for the satisfaction of a determined interest through judicial intervention.

The Public Prosecutor's Office (Ministerio Fiscal)

The Public Prosecutor is an organizational body composed of public employees of the Justice system, distinct from the judiciary. It operates impartially. Its main objective is the protection of legality and the defense of the accused.

• Interest: To defend legality and ensure the correct application of the law.
• Statute: Governed by an organic statute embodying the principles of action and hierarchical dependency.
• Proceedings: Entitled to institute criminal proceedings for crimes prosecuted ex officio (by virtue of office) and those following a complaint from the aggrieved person (parastatal crimes).
• Requirement: For private crimes or those prosecuted upon request, a formal complaint is needed.

Forms of Prosecution

Private Prosecution (Victim Accuser)

This occurs when the victim of the crime exercises the prosecution, seeking judicial intervention to declare the criminal or civil liability of the supposed author of a public offense or a misdemeanor.

• Requirement: Generally initiated by a complaint.
• Exception: In short and speedy trial procedures, the victim may join the case without needing a formal complaint (otherwise, they act as a witness, and the Public Prosecutor exercises the prosecution).

Popular Prosecution (Accusación Popular)

Any Spanish citizen not offended by the crime or misconduct may enforce the criminal standard.

• Mechanism: Initiated via a lawsuit (action lawsuit).
• Civil Claims: The Popular Accuser has no right to civil claims.
• Requirement: The court requires a bond (security deposit) that is proportional to the complainant's heritage.

Private Accuser

A party initiating prosecution for a private crime committed against their person (e.g., libel and slander against individuals).

The Civil Plaintiff (Actor Civil)

The Civil Plaintiff seeks only civil claims arising from the crime (e.g., damages, compensation). This role allows the prosecution, the private prosecutor, or the private accuser to also act as the civil plaintiff.

• Exclusion: The Popular Accuser can never be the Civil Plaintiff.
• Scope: The Civil Plaintiff can be the holder of private law, not necessarily the criminal victim, who is affected by the crime and claims only civil reparations (e.g., heirs of an aggrieved party).

Passive Parties (Respondents)

Passive parties bear the pressure of the charging parties and are the focus of the judicial action.

The Defendant (Accused)

The individual against whom the court proceedings are directly addressed. The specific name of the defendant changes depending on the stage of the procedure. As a general rule, the defendant must correspond to the perpetrator of a criminal act.

The condition of the accused is acquired from the time when the judicial authority directs a statement or investigation against them for committing determined criminal acts, attributing involvement.

Civilly Liable Parties

Direct Civil Liability

This liability arises from the damage and losses caused by the criminal acts themselves. This responsibility is primarily borne by the perpetrator (the defendant) alongside their criminal liability.

Vicarious Civil Liability (Third-Party Responsibility)

Vicarious liability applies when a third party is responsible for covering the civil consequences of the crime, often due to the offender's lack of capacity or insolvency.

• Lack of Capacity: Applies in cases where there is a declaration of non-liability for criminal offenses committed by juveniles, individuals with abnormality or mental impairment, or those with impaired perception from birth or childhood.
• Insolvency Coverage: Third parties are obliged to cover the insolvency of the offender.
• Example (Security Forces): In the case of Security Forces and Corps (FCS), if there was an alleged reckless or intentional action resulting from the use of a firearm, and if the offender proves insolvent, the corresponding Public Administration is responsible for payment.