Updated to LO 1/2026 and LO 1/2025 · Reviewed July 2026 · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
Detention is the most invasive measure the police can adopt without a judge, and for that reason it is surrounded by limits: only in the cases provided by law, for the strictly necessary time and with a reinforced catalogue of rights. Exceeding the time limits or emptying the rights of content turns the detention into an unlawful one and triggers habeas corpus. We assist detainees 24 hours a day throughout the province of Alicante and in Madrid.
In brief. In brief. Maximum of 72 hours before being brought before a judge (Constitution and art. 520 LECrim). The detention must be carried out in the manner least harmful to the detainee (art. 520.1). Rights apply from minute one: silence, lawyer, communication, doctor, interpreter. Any breach opens habeas corpus before the duty court.
Detention is surrounded by legal limits precisely because it is the most invasive measure the police can adopt without a judge: it may only take place in the cases prescribed by law, for the time strictly necessary and with a reinforced catalogue of rights that applies from minute one, including silence, a lawyer, communication with a family member, a doctor and an interpreter. The maximum before being brought before a judge is 72 hours, and the detention must always be carried out in the manner that least harms the detainee (art. 520.1 LECrim).
Exceeding the time limits or emptying the rights of content turns the detention into an unlawful one and activates habeas corpus before the duty court. Our defence work starts at the police station: immediate presence, control of the rights record, private interview before any police statement (art. 520.6 d) LECrim), habeas corpus against detentions that exceed the strictly necessary time and, as a general strategy, silence at the police station and, where appropriate, a statement before the judge.
| Safeguard | Legal basis | Content | Effect of breach |
|---|---|---|---|
| Strictly necessary time | Art. 17 CE and art. 520 LECrim | Detention only for the time needed for clarification, 72 h absolute maximum | Unlawful detention; habeas corpus before the duty judge |
| Handover within 24 hours | Art. 496 LECrim | Release or handover to the nearest judge within 24 hours | Prolongation beyond concluded proceedings is unlawful |
| Lawyer without delay | Art. 520 LECrim | Assistance by chosen or duty lawyer, maximum 3 hours | Ground for habeas corpus and nullity of proceedings |
| Written information of rights | Art. 520 LECrim | Immediate, written and comprehensible information of facts and rights | Rights record challengeable; statements excludable |
| Private interview | Art. 520.6 d) LECrim | Reserved meeting with the lawyer before the police statement | Interrogations started without it are challengeable |
| Communication and call | Art. 520 LECrim | Notification to family member and supervised telephone call | Refusal is placed on the record and exploited in the case |
| Terrorism extension | Art. 520 bis LECrim | Up to 48 additional hours (5 days total) with judicial authorisation | Every hour in excess makes the custody unlawful |
| Habeas corpus | LO 6/1984 | Decision by the duty judge within 24 hours after hearing the detainee | Outright dismissal without hearing grounds constitutional amparo |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm, checked against the reference work in our library: Ley de Enjuiciamiento Criminal Comentada, Lefebvre-El Derecho, 13th edition, May 2026. The debate in habeas corpus is factual and is won with chronology: we document the exact time of every milestone at the police station, because the minutes matter, and we identify the specific proceeding that is missing when custody is being prolonged.
If the proceedings have concluded and the person remains in the cells “waiting”, the prolongation is unlawful even within the 72-hour maximum: habeas corpus lies before the duty judge.
For offences carrying less than 3 years, detention requires indications of flight or non-appearance. Automatic detentions of fully identified persons with established roots are challengeable as unlawful.
The family must be notified of the fact and place of custody. The detainee, their spouse or partner, ascendants, descendants and siblings, their lawyer and the Public Prosecutor may all apply for habeas corpus.
The police statement is not evidence and cannot be reproduced at trial as such, but it can compromise the strategy. Our general rule is silence at the police station and, where appropriate, a statement before the judge with the case file known.
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