Criminal · Alicante · Madrid · All Spain
Criminal defence for international clients in Spain.
What a criminal defence in Spain costs, how it is structured, and the questions to ask before you instruct anyone.
In brief. What a criminal defence in Spain costs: fee structures, court representative, expert reports, legal aid and how to get a fixed quote.
At a glance
There is no official tariff. Spanish bar associations publish indicative criteria used for taxation of costs, but fees are freely agreed and vary with the complexity of the file, the procedural route, the court and the stage at which the lawyer is instructed.
In practice three models are used. A fixed fee per procedural stage, which is the most common and the easiest to control: one figure for the investigation phase, another for the intermediate phase and the trial, another for an appeal. An hourly rate, usual in complex economic crime files where the volume of documentation cannot be predicted. And a hybrid, with a fixed retainer plus hourly billing beyond an agreed number of hours.
Whatever the model, the engagement letter should state what is included, what is not, whether the fee covers appearances at court and at the police station, who will actually attend the hearings, and what happens if the case is dismissed early. A fee agreement that does not answer those questions is the source of most later disputes.
Spain has a constitutional right to free legal assistance under article 119 of the Constitution, regulated by Act 1/1996. It is means tested by reference to household income against the public multiple income indicator, and it covers the lawyer, the procurador and expert fees. Detained persons are always assisted by a duty lawyer at the police station regardless of means.
Legal aid is a genuine right and it should be used by those who qualify. Its practical limitation is that the duty lawyer is allocated by rota and may not have specialist experience in the specific field, and the system does not fund the depth of technical work that some files require. Where the exposure is significant, where the case turns on expert evidence, or where the client is abroad and needs continuity of contact in their own language, private instruction is usually the better decision.
We apply transparent criteria when setting our fees. The amount depends on the nature and complexity of the matter, the stage at which we are instructed and the foreseeable duration of the case. Before accepting instructions we explain the estimate and the terms of payment clearly, so that the client can decide with full information.
Criminal proceedings develop in phases, and we make clear which work each stage involves. This allows the client to understand what is being done and why, and to avoid unexpected costs as the case advances.
Where possible we agree fees by stage, for example the investigation phase, the preparation for trial and the trial itself, which gives predictability. For discrete tasks, such as attending a police station or a first hearing, a fixed fee is often appropriate.
For emergencies, such as a recent arrest, we intervene immediately and settle the terms as soon as the urgent phase is under control, so that the response is never delayed by administrative matters.
Everyone facing criminal proceedings in Spain has the right to a lawyer, and those who lack sufficient means may be entitled to free legal assistance through the justicia gratuita system, subject to income thresholds. We explain how this operates and whether a person is likely to qualify.
Where a client instructs us privately, we ensure the scope of the engagement is defined in writing, so that the relationship between the work, the fees and the expected outcome is clear from the outset.
The first consultation is used to understand the facts, review any documents already received and assess the real exposure. On that basis we set out the available options and provide a detailed estimate, so that the decision to proceed is an informed one.
We keep the client informed throughout the case of any development that may affect the cost, on the understanding that a relationship of trust rests on economic clarity as much as on the quality of the defence.
It is useful to distinguish the lawyer’s fees from the other costs that a case can involve, such as the fees of the court agent (procurador) where one is required, the cost of expert reports, and any court charges. We explain from the outset which of these apply to the matter, so that the overall budget is clear.
Expert evidence, in particular, can be an important cost in technical cases, and we discuss whether and when it is needed rather than commissioning it as a matter of course.
Victims in Spain can take an active part in criminal proceedings as a private prosecution (acusación particular), rather than leaving the case entirely to the public prosecutor. This allows them to propose evidence, question witnesses and seek compensation.
We explain what this involvement entails and what it costs, so that a victim can decide whether an active role is worthwhile in their particular case.
A Spanish court may order the losing party to pay the costs of the proceedings (costas). For a defendant who is acquitted, or a private prosecution that succeeds, this can allow part of the costs incurred to be recovered.
We advise realistically on the prospects of such an award, which depend on the outcome and on the conduct of the parties, so that expectations about recovering costs are well founded.
FAQ
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Criminal defence in English before the courts of Alicante, Madrid and the whole of Spain. Tell us what has happened and we will tell you what the real exposure is.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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