Spain

Spain has a compensation program for victims of terrorism and other crimes in which the victim suffers serious bodily or mental injury or death.

Eligibility Requirements

Report to police. As soon as possible; exceptions are made.

Filing period. Within 1 year; exceptions are made. However, if a criminal process is begun against the perpetrator of the crime within the 1-year time limit, the time limit will be suspended once the trial is initiated and will continue after the case is resolved.

Foreign citizen eligibility. Citizens of a foreign country who are in Spain legally on the date of the crime are eligible to apply for compensation if their country of nationality provides similar assistance to Spanish nationals.

Claimants

Procedures

Application forms can be obtained and questions about the process can be answered through the Ministry of Finance (telephone: 34-91-349 1611). In addition, a separate petition for assistance must also be filed with the Ministry of Economy and Finance. Decisions to award compensation shall be made after a hearing and after the consideration of a report by the state attorney who participates in the processing of these cases. The victim must show that he or she was legally in Spain at the moment of the crime. The application also has to include evidence of reciprocity in the United States for Spanish citizens in similar situations. Compensation is provided only after the offender has been found guilty.

Benefits and Award Limits

Although the law does not state a numerical maximum award, each individual's award has a specific maximum based on the minimum monthly salary and the negative mental and physical effects the victim suffers as a direct result of the crime. The financial situation of the victim and the beneficiary, the number of people who depend on the victim and the beneficiary, and the cost of therapy for mental health care are considered in compensation awards. The amount of assistance shall in no event exceed the compensation determined in the court judgment.

Compensable costs

Emergency awards. Provisional assistance may be granted before a final court decision provided the precarious situation of the victim or his beneficiaries has been substantiated.

Funding sources. The funding for the compensation comes from the perpetrator. If the perpetrator cannot pay, the Spanish government will be the funding source.

Contact Information

El Ministerio de Hacienda (The Ministry of Finance), Dirección General de Costes de Personal y Pensiones Públicas

General information is available at

C/Almagro 34, 28010 Madrid, Spain
Telephone: 34 91 349 15 00
Fax: 34 91 349 17 63/15 74

Information regarding specific forms and petitions is available at

Monte Sesquinza, 43, 28010 Madrid, Spain
Telephone: 34 91 349 16 11
Internet: www.igae.minhac.es/dgcp/inicio/inicio.asp (in Spanish, English translation)
www.mir.es/indeyayu/vicdelvi/vicdelvi.htm (in Spanish, English translation)

Languages used—
• On application forms: Spanish
• In correspondence: Spanish (limited English upon request)
• By telephone: Spanish (limited English upon request)

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