Article 520 bis Spanish Criminal Procedure Act: Detention and incommunicado detention in terrorism cases

Article 520 bis permits the detention of a person suspected of the offences referred to in Article 384 bis to be prolonged for up to a further forty eight hours beyond the ordinary seventy two, subject to a reasoned judicial authorisation, and it governs the request for incommunicado detention.

Wording of Article 520 bis of the Spanish Criminal Procedure Act

Requirements and procedure

1. That the detention relate to a person alleged to have participated in one of the offences referred to in Article 384 bis, namely offences committed by armed bands or by terrorist or rebel elements.
2. A reasoned request for the extension lodged within the first forty eight hours from the detention.
3. A judicial authorisation, granted within the following twenty four hours, by a reasoned decision, with an absolute limit of a further forty eight hours.
4. In the case of incommunicado detention, a request to that effect and a reasoned judicial decision within twenty four hours, without prejudice to Articles 520 and 527.

Defence strategy

Correct classification of the offence. The special regime applies only to the offences referred to in Article 384 bis. Where the classification does not stand up upon examination of the file, the extension of the detention loses its legal basis and the deprivation of liberty becomes unlawful from the seventy second hour.

Timeliness and reasoning of the extension. The request must be made within the first forty eight hours and the authorisation within the following twenty four. A request or an authorisation which is out of time, or one which merely reproduces a form of words, is a defect which is not remedied by the subsequent decision.

Scope of the incommunicado detention. Incommunicado detention does not suppress the right of defence, and Articles 520 and 527 delimit which rights may be restricted and which may not. Any restriction beyond that catalogue is a ground for the nullity of the steps taken during that period.

Judicial control during the detention. Paragraph 3 confers upon the judge a duty of continuous supervision. The absence of any record of that supervision in the file is a relevant element in the challenge to the conditions of the detention and to any statement taken during it.

• Article 520 LECrim: rights of the detainee
• Article 527 LECrim: incommunicado detention
• Terrorism offences defence in Spain
• Rights on arrest and in police custody

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.