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Beneficiarios y requisitos de nacionalidad

The concept of a beneficiary encompasses not only those who suffer physical injury or harm to their health directly, but also those who were dependent on the deceased in cases resulting in death.

Protection is extended to victims from other countries in relation to violent and intentional crimes committed in Spain.

The following persons shall be eligible for assistance as direct victims:

  • Spanish nationals or nationals of any other Member State of the European Union.
  • Those who do not meet the above requirements but are usually resident in Spain.
  • Nationals of another State which grants benefits equivalent to those granted to Spanish nationals within its territory, even if they do not habitually reside in Spain.
  • Furthermore, women who are nationals of any other State and who are in Spain, regardless of their administrative status, shall be eligible for assistance where the woman concerned is a victim of sexual violence within the meaning of the Organic Law on the Comprehensive Guarantee of Sexual Freedom, including victims of homicide following an offence against sexual freedom, or victims of sex-based violence as defined in Organic Law 1/2004 of 28 December on comprehensive protection measures against sex-based violence.

In the event of death, the nationality requirements will apply to indirect victims, regardless of the personal circumstances of the deceased.

Those eligible for the aid provided for in Law 35/1995 may qualify in their capacity as:

  • Direct victims: those who suffer serious bodily injury or serious harm to their physical or mental health as a direct result of the offence.
  • Indirect victims: in cases of intentional crimes resulting in death, the following are entitled to death benefits:
    1. The deceased’s spouse, provided they were not legally separated, or the person who had been living with the deceased on a permanent basis in a relationship of affection comparable to that of a spouse, regardless of their sexual orientation, for at least the two years prior to the time of the deceased’s death, unless they had children together, in which case mere cohabitation shall suffice.
    2. The children of the deceased who were financially dependent on them, regardless of their parentage or whether they were born after their death. Minor children and adult children who are incapacitated shall be presumed to be financially dependent on the deceased.
    3. The children of the spouse or of the person who was cohabiting with the deceased, provided that they are financially dependent on the latter.
    4. In the absence of the aforementioned persons, the parents of the deceased, provided they were financially dependent on them.

The financial dependence of children and, where applicable, of parents shall be deemed to exist where the beneficiary was living with the deceased and was dependent on them for support, and did not have any income of their own exceeding certain limits laid down by regulation.

  • In the case of assistance with funeral expenses, the parents or guardians of a minor or an adult with a disability who dies as a direct result of the offence shall be eligible as indirect victims.
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