Madrid is where the largest and most technical criminal cases in Spain are heard. We act for British and Irish clients before the courts of the capital in English, in fraud, money laundering, tax, cybercrime, extradition and corporate liability matters.
The capital is not simply a bigger version of the coastal courts. It is the seat of the National Court (Audiencia Nacional), of the Central Investigating Courts and of the specialist prosecuting authorities, and cases sent there follow rules of their own.
In brief. English-speaking criminal defence in Madrid: fraud, money laundering, tax, cybercrime, extradition and National Court proceedings under Spanish law.
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Offences committed in Madrid are investigated and tried, according to their gravity, by the Court of First Instance for the Madrid judicial district (Tribunal de Instancia, as reorganised by Organic Law 1/2025) and by the Provincial Court of Madrid (Audiencia Provincial). That is the ordinary route, and it is the one most cases take.
Madrid is also the seat of the National Court (Audiencia Nacional), which has jurisdiction over a defined class of matters of particular significance, among them terrorism, organised drug trafficking and large-scale or cross-border economic crime, together with extradition proceedings and European arrest warrant proceedings. Its investigations are conducted by the Central Investigating Courts, and appeals ultimately reach the Supreme Court (Tribunal Supremo).
For a British or Irish client the practical consequence is that where the case is heard changes how it is fought. A National Court investigation typically runs on documents, banking records and digital evidence rather than on eyewitnesses; it can last a long time; it often involves several suspects with divergent interests; and it can be accompanied by asset restraint measures that bite long before any trial.
We have an office in Madrid, at Paseo de la Castellana 216, and a second office in Alicante. Alongside the work of the capital we defend matters of this kind throughout Spain: see our pages on extradition and Interpol red notices, money laundering defence and cybercrime defence.
These are the charges that dominate the caseload of the Madrid courts where a foreign national is involved. Each has its own statutory range in the Criminal Code and its own route through the system.
Article 248 defines fraud as deception sufficient to make another part with property to his own detriment. Article 250 lists the circumstances that aggravate it, including the amount involved and the abuse of a business relationship. Investment schemes and supplier frauds are prosecuted here.
Acquiring, converting or transferring property knowing that it derives from a criminal activity, or concealing its origin, is an offence in itself and is charged separately from the underlying conduct. Recklessness is enough in some cases, which is why professionals and intermediaries are frequently included in the investigation.
Where a person entrusted with the management of another’s assets exceeds his powers and causes loss, the offence is breach of trust. It is the standard charge in disputes between shareholders and in cases brought by a company against its own former officers.
A tax matter becomes criminal where the sum evaded in a single tax and tax year exceeds 120,000 euros. Article 305 bis provides a higher range where the amount is especially large or the evasion was organised through intermediaries or entities that obscure the true taxpayer.
A company may be prosecuted in its own name for offences committed by its directors or by employees under their authority. It becomes a party with its own lawyer and a specially appointed representative, and the existence and real operation of a compliance model is central to both liability and mitigation.
Unlawful access to an information system, the interception of communications and the disclosure of another’s data are separate offences from any fraud committed with them. Company cases often combine an outgoing employee, a copied database and a claim under this heading.
Fraud committed by manipulating a computer system or by any similar artifice falls within the fraud provisions. Card offences are dealt with separately: counterfeiting a payment card under Article 399 bis 1, and knowingly using a forged card under Article 399 bis 3.
Bribery covers both the public official who solicits or accepts an advantage and the private party who offers it. Influence peddling under Articles 428 to 430 requires no payment at all, only the exercise of influence to obtain a decision that produces an economic benefit.
Where three or more persons act together in a stable and organised way to commit offences, membership is charged in addition to the underlying offence. It is added routinely in large economic and drug cases, and it materially changes both the penalty and the court that hears the matter.
These are the statutory ranges. The sentence imposed depends on participation, whether the offence was completed, and the circumstances found in the individual case.
| Offence | Article | Statutory penalty | Usual route |
|---|---|---|---|
| Aggravated fraud | Art. 250 CP | 1 to 6 years and a fine; 4 to 8 years above 250,000 euros | Ordinary proceedings |
| Money laundering | Art. 301 CP | 6 months to 6 years and a fine of one to three times the value | Ordinary proceedings |
| Breach of trust by a director | Art. 252 CP | 6 months to 3 years; 1 to 6 years aggravated | Ordinary proceedings |
| Tax offence above 120,000 euros | Art. 305 CP | 1 to 5 years and a fine of one to six times the sum evaded | Ordinary proceedings |
| Aggravated tax offence | Art. 305 bis CP | 2 to 6 years and a fine | Ordinary proceedings |
| Unlawful access to an information system | Art. 197 bis CP | 6 months to 2 years | Abridged proceedings |
| Bribery of a public official | Art. 419 CP | 3 to 6 years, a fine and disqualification | Ordinary proceedings |
| Membership of a criminal organisation | Art. 570 bis CP | 1 to 3 years; 2 to 5 years for those who direct it | Ordinary proceedings |
Two provisions are worth knowing before any decision is taken. A custodial sentence of up to two years imposed on a person with no previous convictions in Spain may be suspended under Article 80, normally on conditions including payment of compensation. And a defendant who provides information or repairs the harm before the trial may rely on the mitigating circumstances of Article 21. Neither is automatic, both are for the court, and neither can be promised in advance.
Most clients in Madrid do not arrive through a police cell. They arrive through a summons, a letter from a court naming them as a person under investigation (investigado), a search of company premises, or a bank informing them that an account has been frozen. The rights are the same as on arrest, but the pressure is different: there is time, and it is usually spent badly.
A person under investigation must be told what is alleged before being questioned, may see the file unless it has been declared secret, and may decline to answer any question, including questions from the prosecution while answering the defence. Being questioned before the file has been read is the most common avoidable mistake at this stage.
Where a person is arrested, Article 520 of the Criminal Procedure Act applies from the first minute: written notice of the accusation in a language you understand, a confidential interview with your lawyer before questioning, a free interpreter, a doctor, notification of a relative and of your consular authorities. Our guide to arrest and police custody rights in Spain sets it out in full.
Access to the file is the difference between a prepared statement and an improvised one. Where the investigation has been declared secret, the right course is usually to say nothing until it is lifted.
Freezing orders and restraint of company accounts are decided early and reviewed rarely. They are far easier to resist at the outset than to unwind after months of operating around them.
A director and his company cannot always share one lawyer. Where their accounts of events may diverge, separate representation from the start protects both positions.
Seized devices, server images and messaging exports have to be obtained and preserved properly. How a copy was made, and by whom, is a question for the defence at the time and not at trial.
A complex economic case in the capital rarely resembles a fast-track trial. It is long, document-heavy and decided in stages, and each stage closes behind you.
The investigating court gathers evidence: banking records, expert reports, searches, seizure of devices, statements from suspects and witnesses. The defence proposes its own lines of enquiry, challenges the official expert evidence and watches the statutory time limit on the investigation and any extension of it.
The prosecution sets out its accusation and the court decides whether the matter goes to trial. We ask for dismissal, contest the classification of the offence and the aggravating circumstances, and file the defence pleading with our own evidence and any preliminary objections.
The case is tried by the Criminal Section of the Court of First Instance, by the Provincial Court of Madrid, or by the Criminal Division of the National Court where it has jurisdiction. Objections to unlawfully obtained evidence are taken at the outset and every refusal of evidence is formally recorded for the appeal.
Appeal lies to the Provincial Court or to the Appeal Division of the National Court, and from there, where the law allows, to the Supreme Court. At the enforcement stage we apply for suspension of a custodial sentence, for payment of a fine by instalments and for review of the compensation ordered.
Named personally in a case that began as a company matter, often after an internal investigation or a report by a regulated institution. The first question is always whether your interests and the company’s are still the same.
A Spanish subsidiary or branch facing prosecution in its own name under Article 31 bis, needing its own defence, a designated representative and an honest assessment of whether its compliance model will withstand scrutiny.
Detained at an airport or notified of a request while in Spain. The National Court decides these matters, and the grounds for opposing surrender are narrow and technical.
A private prosecution allows a victim to appear as a party, propose evidence and pursue full compensation rather than rely solely on the public prosecutor’s view of the case.
How the money laundering offence is charged in Spain and how it is defended.
Red notices, extradition requests and surrender proceedings before the National Court.
Computer fraud, unlawful access and digital evidence in Spanish criminal proceedings.
Police detention
In Madrid most arrests are made by the National Police, which holds the person at the district police station or at the premises of the unit handling the file; in the municipalities of the region, jurisdiction is shared between the National Police and the Guardia Civil. What happens over the following hours is governed by article 520 of the Spanish Criminal Procedure Act (LECrim).
Your rights. Every detainee must be informed in writing, in a language they understand, of the facts alleged, the reasons for the detention and their rights: to remain silent or to give a statement only before the judge; not to incriminate themselves; to appoint a lawyer freely, with no officer allowed to recommend one, and to be assisted without delay; to access the essential elements of the file; to have a relative informed; to make a telephone call; to be assisted free of charge by an interpreter; and to be examined by the forensic doctor. A foreign national is entitled to have their consulate notified and to receive a consular visit. The lawyer appointed must attend within a maximum of three hours from the moment the Madrid Bar transmits the instruction.
The seventy-two-hour limit and the hearing. Detention may not exceed the time strictly necessary and, in any event, seventy-two hours, after which the person is released or brought before the investigating section on duty of the Court of First Instance of Madrid or of the relevant district. If the arrest results from a European Arrest Warrant, the person is brought before the Central Investigating Judge of the Audiencia Nacional (article 50 of Act 23/2014). The judge then convenes, within seventy-two hours, the hearing under article 505 at which the prosecutor may request pre-trial detention, which is only possible where the offence carries at least two years’ imprisonment, there are sufficient grounds and a legitimate purpose such as flight risk justifies it (article 503). A stable home in Madrid, documented employment and family ties are the arguments that weigh most at that hearing.
Fast-track procedure
A large share of Madrid cases follow the fast-track procedure of article 795 of the LECrim, reserved for offences carrying up to five years’ imprisonment, opened on a police report with the person arrested or summoned and flagrante delicto or another statutory circumstance. Investigation, charging and often judgment are concentrated in the duty court within hours. Article 801 allows a plea before the duty judge where the sentence sought does not exceed three years and, reduced by one third, two years; the judge then imposes the reduced sentence and rules immediately on suspension. The reduction is real, but a plea creates a criminal record, which for a foreign resident affects residence and nationality; it should only be accepted after a lawyer has read the police report.
Appeals
Judgments of the criminal section may be appealed to the Provincial Court of Madrid within ten days of notification (article 790 of the LECrim). Judgments delivered at first instance by the Provincial Court, or by the Audiencia Nacional, may be appealed to the Civil and Criminal Chamber of the High Court of Justice of Madrid or to the Appeals Chamber of the Audiencia Nacional (article 846 ter), and an appeal in cassation to the Supreme Court lies in the cases of article 847. All these courts sit in Madrid, which makes the capital the place where the final word on any Spanish criminal case is decided. Time limits are short and cannot be extended; an appeal is prepared from the trial itself, through the objections recorded in the minutes.
After conviction
Deportation. Article 89 of the Criminal Code replaces prison sentences of more than one year imposed on a foreign national with expulsion, unless expulsion would be disproportionate in view of the person’s roots in Spain; for an EU citizen it is only possible in case of a serious threat to public order or security. Since the United Kingdom left the Union, British residents no longer benefit from the EU rule, so the roots argument must be made from the outset, because the court decides this in the judgment.
Criminal record. Article 136 sets the expungement periods, from six months for minor penalties to ten years for serious ones, counted from the end of the sentence and provided there is no reoffending. While it remains, the record weighs in residence and nationality applications.
Legal aid. It is granted, subject to a means test, by the Legal Aid Commission through the Madrid Bar (article 3 of Act 1/1996), to foreign nationals on the same terms as Spaniards. The duty lawyer is only free if that right is granted, and may be replaced at any time by a lawyer of your choice.
It has jurisdiction over a defined list of matters rather than over everything serious. Among them are terrorism, organised drug trafficking, and economic offences of large scale or with a cross-border dimension, together with extradition and European arrest warrant proceedings. Whether your case belongs there is a question of law that can be argued, and it is worth arguing, because it determines the investigating court, the trial court and the appeal route. See our page on extradition and Interpol red notices.
Yes. Being named as a person under investigation means a court has identified you as someone who may be criminally responsible, and the statement you give is evidence. You are entitled to know what is alleged, to see the file unless it has been declared secret, to a lawyer and to an interpreter, and to say nothing. The absence of an arrest does not make the matter minor; it means you have time to prepare, which is an advantage only if it is used.
Restraint measures are ordered to secure any eventual confiscation and compensation, and they are decided on the material the court has at that moment, usually only the prosecution’s. They can be challenged, and their scope argued down where they go beyond what is needed or paralyse a trading business. The longer an order stands unchallenged, the harder it becomes to displace.
Yes, and increasingly it is. Article 31 bis allows a company to be prosecuted in its own name for offences committed by its directors, or by employees under their authority where supervision was lacking. The company appoints a specially designated representative and needs separate representation. Whether a compliance model existed and, more importantly, whether it was actually operating, is central to both liability and mitigation.
It depends on what the court has ordered. A person under investigation may be required to surrender a passport, to appear periodically before the court or to give an address for service, and in some cases travel is restricted outright. Where no such measure has been imposed you are free to travel, but you must remain contactable and must attend when summoned. Leaving without telling your lawyer is what turns a manageable case into a warrant.
The mechanism has changed, the protections have not. Surrender between Spain and the United Kingdom now runs through the arrangements agreed after withdrawal rather than through the European Arrest Warrant, and the proceedings are heard by the National Court. Your rights under Article 520, to an interpreter, to a lawyer of your own choosing and to consular assistance, are unchanged.
A maximum of seventy-two hours, after which the person is released or brought before the duty judge of the Court of First Instance of Madrid (article 520.1 of the LECrim). Under a European Arrest Warrant, the person is brought before the Central Investigating Judge of the Audiencia Nacional.
Within a maximum of three hours from the moment the Madrid Bar transmits the instruction (article 520.5 of the LECrim). We attend twenty-four hours a day throughout the Madrid region.
For a foreign national, prison sentences of more than one year are in principle replaced by expulsion (article 89 of the Criminal Code), unless disproportionate given roots in Spain; for an EU citizen, only in case of a serious threat to public order. British residents no longer benefit from the EU rule. The court decides this in the judgment.
Those listed in article 65 of the Organic Law on the Judiciary: large-scale fraud with victims in several provinces, drug trafficking by organisations, offences committed abroad falling to Spain, extradition and European Arrest Warrants, among others. Other offences committed in Madrid fall to the Court of First Instance and the Provincial Court of Madrid.
If you have been summoned by a court in Madrid, told that your company is under investigation, or notified of an extradition request or a red notice, the useful conversation happens before a statement is given or a document produced. Our Madrid office is at Paseo de la Castellana 216, and we act throughout Spain.
Dedicated pages on the matters we handle most frequently from the Paseo de la Castellana office, with the applicable provisions, penalties and the practice of the Madrid courts.
Société de Conseil Juridique et Expert is a law firm with offices in Madrid, Alicante, London and Paris, specialising in criminal law, technology law and economic and corporate crime. We provide strategic guidance in complex criminal proceedings, intellectual property and technological resources for legal decision-making with advanced forensic analysis. Our multidisciplinary team combines legal experience, legal intelligence and personal attention to deliver effective solutions adapted to each case. Legal assistance available 24 hours a day and online consultations.
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