If you have been a victim of a crime, let me tell you that I know what you are going through. You likely face not only the physical and emotional consequences, but also the uncertainty of how to proceed legally.
In my first year of practice, I was the victim of a physical assault, and it was at that moment when I understood the importance of having a criminal defense attorney specialized in private prosecution. The role of an attorney in private prosecution is fundamental to ensure that our rights are respected, and that is why I have decided to write this article, to help you understand how an attorney for private prosecution can make a difference.
What is private prosecution and when is an attorney necessary?
The exercise of private prosecution is a right that the victim of a crime has to actively participate in the criminal process and exercise criminal action alongside the Public Prosecutor’s Office. That is, it allows you to be part of the judicial procedure not only as a witness, but as a party that collaborates in the investigation. Having an attorney in private prosecution from the moment of filing the complaint can be key.
How to initiate criminal proceedings when you are the victim of a crime?
Criminal proceedings are initiated when the Investigating Court receives notice that conduct may be criminal. Criminal proceedings may be initiated
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Functions of a criminal defense attorney as complainant
If you have been the victim of a crime, the attorney handling the private prosecution must be a travel companion who accompanies you in this difficult process and ensures you never feel alone. They must be the one who advises you to try to ensure that your rights are remedied.
A criminal attorney will offer you the necessary advice to gather evidence before filing the complaint. They will accompany you during the investigation phase, ensuring that all necessary evidence is obtained to secure the opening of the Oral Trial and achieve a conviction. Along with the complaint or criminal charge, a lawyer expert in private prosecution will request that the necessary investigative proceedings be carried out to ensure who is behind the crime.
In some crimes, such as the crime of assault, crimes against sexual freedom, threats or in domestic violence. It may be necessary to request precautionary measures, such as restraining orders or provisional detention to protect the victim from possible future risk.
One of the biggest mistakes people make is entrusting the investigation solely to the Public Prosecutor’s Office.
The Justice System is overwhelmed, and Prosecutors cannot handle all the work. Therefore, it may be, th
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As a victim of a crime, am I entitled to compensation?
As we explained in our previous article: «Compensation for assault and battery«. Every crime victim has the right to be compensated. For this, it is very important to secure the evidence.
In our team, we have a group of professionals specialized in different areas to conduct expert evaluations that help us prove the commission of a crime and quantify the damages.
Not all crimes are as easy to prove as assault and battery can be. Thanks to our team of experts we can demonstrate the financial harm caused to the victim of a fraud crime. We must not only account for the value of what was defrauded, but also the loss in quality of life that being a crime victim has caused us.
No attorney can promise you the outcome of a proceeding. But with good legal counsel, with solid evidence, the chances of having a favorable result are very high.
What rights do I have as a crime victim?
The Rights of victims are regulated in Law 4/2015, on the Victim’s Statute. This law recognizes a series of fundamental rights to protect you and guarantee that you receive justice and reparation for the harm
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.