info@societejuridique.com
Madrid: Paseo de la Castellana 216 8 ª Planta
Alicante: Av. Ansaldo Nº31, local 16
24h emergencies: 669 30 21 13
The police report and its evidential value in Spanish criminal proceedings
Quick answerThe police report is not evidence but a complaint. Article 297 of the Criminal Procedure Act so provides, so its content must be reproduced at trial through the testimony of the officers. The only exception is for objective and unrepeatable steps recorded in it, such as the scene inspection, sketches, photographs or breath-test results.
Also cited as: police report · atestado policial · evidential value of the police report · article 297 Criminal Procedure Act · police complaint.
Few questions cause as much confusion in practice as the value of the police report. The statutory rule is clear and restrictive, yet forensic practice tends to introduce indirectly material that was never subjected to adversarial examination. The defence has here a technically rewarding field, particularly since the non-jurisdictional plenary agreement of the Second Chamber of 3 June 2015, which firmly excluded the evidential value of self-incriminating statements made at a police station.
Legal framework
Article 292 of the Criminal Procedure Act: officers of the Judicial Police shall draw up a report of the steps they take, specifying with the greatest accuracy the facts they have ascertained, inserting the statements and reports received and noting all circumstances observed that may constitute evidence or an indication of the offence.
Article 297 of the Criminal Procedure Act: the reports drawn up and the statements made by officers of the Judicial Police as a result of the inquiries they have carried out shall be regarded as complaints for legal purposes. Their other statements must be signed and shall have the value of witness testimony in so far as they concern facts within their own knowledge.
Article 717 of the Criminal Procedure Act: statements by authorities and officers of the judicial police shall have the value of witness testimony, to be appraised as such according to the rules of rational judgment.
Statutory texts cited from the consolidated versions published by the Spanish Official State Gazette. Unofficial English rendering; the Spanish text is the authentic one.
Key rule. The police report counts as a complaint and as an object of evidence, not as evidence in itself. To reach the trial, its content requires the attendance and testimony of the officers who signed it.
Key facts
| Legal nature | A complaint for legal purposes, article 297 of the Criminal Procedure Act |
|---|---|
| Mandatory content | Facts ascertained, statements, reports and circumstances observed, article 292 |
| Value of police statements | Witness testimony on facts within their own knowledge, articles 297 and 717 |
| Exception | Objective and unrepeatable steps: scene inspection, sketches, photographs, breath test |
| Statements by the detainee | No autonomous evidential value under the plenary agreement of 3 June 2015 |
| Route of admission | Testimony of the officers at trial |
| Article 714 inapplicable | The report may not be read to resolve contradictions, as it is not a statement before the judge |
Elements and scope
- Its character as a complaint, which places the report as an act initiating the proceedings and not as a means of evidence, under article 297 of the Criminal Procedure Act.
- The need for reproduction at trial through the officers’ testimony, given as witnesses on facts within their own knowledge and subject to adversarial examination.
- The exception for objective and unrepeatable steps, which reach the trial as documentary or expert evidence because they cannot be reproduced: sketches, photographs of the scene, fingerprints, breathalyser results and inspection records.
- The exclusion of self-incriminating statements made at a police station, which have no autonomous evidential value even if made with legal assistance.
- The inapplicability of the article 714 mechanism to the police report, since it is not a statement made before the investigating judge.
Points of application
Plenary agreement of 3 June 2015. The Second Chamber of the Supreme Court agreed that self-incriminating statements made to the police are neither evidence of confession nor capable of being introduced at trial as documentary evidence, not even through the testimony of the officers who witnessed them.
Police hearsay witnesses. An officer testifying about what a third party told him is a hearsay witness. His testimony does not replace that of the direct witness where the latter is available, under article 710 of the Criminal Procedure Act.
Unrepeatable steps. The distinction is factual, not formal: what matters is whether the step can be reproduced at trial. A photograph of a damaged vehicle is unrepeatable; the identification of a suspect is not.
Value of the notice of rights. The record of the notice of rights under article 520 does document compliance with that safeguard, which is a separate question from the value of any statement’s content.
No presumption of truth. The police report enjoys no presumption of truth. Case law expressly rejects the notion that the status of a law-enforcement officer confers enhanced evidential value on his account.
Defence strategy
Always request the officers’ attendance. If the officers who drew up the report do not testify, its content does not reach the trial. Their testimony should be proposed in the written defence and any dispensing with it opposed.
Oppose the reading of the report. Where the prosecution seeks to introduce its content as documentary evidence or under article 714, this should be opposed and an objection recorded to preserve the appeal.
Exclude the detainee’s police statement. The agreement of 3 June 2015 should be expressly invoked against any attempt to rely on what was said at the station, even if a lawyer was present.
Exploit contradictions between officers. Testifying as witnesses, officers often diverge on distances, times and sequence, and the defence should pin these down precisely in cross-examination.
Distinguish objective steps from police assessment. Conclusions or value judgments contained in the report are not objective steps and do not reach the trial as documentary evidence.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Spanish Criminal Code by article
- Criminal Procedure Act by article
- Practical defence guides
- Contact the firm
This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
Is the police report evidence?
No. Article 297 of the Criminal Procedure Act gives it the status of a complaint. For its content to reach the trial, the officers who signed it must testify as witnesses.
Which parts of the report do count?
Objective and unrepeatable steps: scene inspection, sketches, photographs, fingerprints and the breath-test result, which are admitted as documentary or expert evidence.
Can what I said at the police station be used against me?
Not as autonomous evidence. The non-jurisdictional plenary agreement of the Second Chamber of 3 June 2015 excluded the evidential value of self-incriminating statements made at a police station, even with legal assistance.
Can the report be read if a witness contradicts himself?
No. Article 714 allows the reading of a statement made before the investigating judge, not one recorded in the police report, which does not have that status.
Does the police report carry a presumption of truth?
No. Case law rejects the idea that an officer’s status confers enhanced evidential value. His testimony is appraised under the rules of rational judgment like that of any witness.
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
London: 20 Wenlock Road, N1 7GU, United Kingdom
Paris: 72 Faubourg St Honoré, 75008, France
info@societejuridique.com
SERVICES
LINKS
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.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
Where we act: Alicante·Madrid·Elche·Torrevieja·Orihuela·Benidorm·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·All locations
Defence by offence: Drink driving·Robbery and theft·Assault·Sexual offences·Threats·Squatting·Homicide·Criminal records