In the field of criminal law, obtaining a final conviction is a bittersweet victory if it is not accompanied by genuine redress. The Criminal Code mandates that, in addition to prison sentences or fines, the convicted person must pay financial compensation (civil liability) to redress the physical and mental harm caused to the victim.
However, the reality in the courts shows us a frustrating scenario: What happens when the aggressor declares himself insolvent?
A recent and comprehensive report by journalist Germán González in El Periódico de Catalunya sheds light on a silent problem that affects thousands of victims of violent crimes and sexual assault in Spain. The State has a public aid mechanism to cover these compensations in full or in part. However, the vast majority of those affected receive not a single euro simply due to a lack of awareness.
At Vosseler Abogados, we analyze the key aspects of this situation with the help of Daniel Salvador, head of our Criminal Law department.
The bureaucratic labyrinth following the verdict
When a criminal lacks resources, court clerks activate all possible mechanisms: bank account seizures, tax refunds, or wage garnishments if the offender is in prison . The Supreme Court ruled in 2023 that this civil liability never expires —becoming a debt that will haunt the perpetrator for life. But in practice, payments often translate into paltry sums of 10, 20, or 30 euros per month , prolonging the legal process for years.
It is at this point of legally established insolvency that the State should act as a safety net through public aid. However, the system fails in its communication.
“In practice, we find that the Victim Support Office should provide more guidance to victims on what to do after the criminal proceedings,” says Daniel Salvador . “The timeframes for sentence enforcement are short , and not everyone can afford to file a private prosecution.”
For Salvador, it is essential that these public offices actively provide advice and information about these state financial aid programs once the sentence is final and being enforced. This is the only way to ensure that no one is left behind due to a lack of information or the resources to afford a private lawyer.
Key points about state aid: Deadlines and amounts
For victims of violent crimes and crimes against sexual freedom (as well as for immediate family members in cases of homicide), the law offers this avenue of compensation. But it is vital to know its rules:
- It is not an automatic process: The procedure is carried out completely outside the judicial system. It must be requested from the Ministry of Economy and Finance (in cases of incapacity or death). Or before the Ministry of Inclusion and Social Security (for all other scenarios).
- The deadline is strict: The regulations establish a one-year deadline to apply for the aid, calculated from the time the route is activated after the criminal process.
- The amount variesIt is a common misconception that the State will pay the exact amount stipulated in the judgment. As the head of criminal law at Vosseler Abogados explains:
"It is important to note that the compensation is not the amount established in the judgment; it varies depending on the damage suffered and is calculated based on a public indicator of income for multiple purposes ( IPREM )," explains Daniel Salvador.
Towards a fairer and more direct model
Spanish legislation seeks to protect victims and recognize the consequences they suffer, but the current administrative procedure forces them to initiate a new claim , providing again judgments, insolvency orders and medical reports.
The legal sector is calling for a thorough reform of the system in response to situations involving insolvent perpetrators. One of the strongest proposals emphasizes the need to create a state agency—similar to the Insurance Compensation Consortium for traffic accidents—that would automatically and directly cover compensation for victims when the perpetrator is insolvent: lacking insurance or financial resources.
Until the system evolves toward simplification, specialized legal counsel during the sentence enforcement phase becomes absolutely crucial. At Vosseler Abogados, we work to ensure that justice is not merely theoretical, supporting victims through every bureaucratic step until they receive the financial compensation they are rightfully entitled to.
