Spanish Criminal Procedure Act by Article

An English-language guide to the Spanish Criminal Procedure Act, article by article, prepared by Société Juridique for foreign nationals involved in criminal proceedings in Spain. Each entry sets out a working translation of the provision as currently in force, its procedural effect and the requirements for its application and the defence arguments the firm advances in practice.

The English guide is published progressively and currently covers 25 of the 58 provisions available in Spanish. The complete Spanish repertory, which reproduces the authoritative text verbatim, is at Ley de Enjuiciamiento Criminal por artículos.

Jurisdiction and the parties

• Article 110. Joining Proceedings as an Injured Party

The right to a defence and the status of the accused

• Article 118. Rights of the person under investigation
• Article 520. Rights of a person in police custody
• Article 775. First Appearance of the Accused and Address for Service

Commencement of proceedings

• Article 262. Duty of Professionals to Report Offences

Arrest and interim measures

• Article 490. Citizen’s Arrest
• Article 492. The Police Duty to Arrest
• Article 503. Requirements for pre-trial detention
• Article 505. The Custody Hearing on Pre-Trial Detention
• Article 589. Security for Pecuniary Liabilities and Attachment of Assets

Investigative measures restricting fundamental rights

• Article 545. Inviolability of the Home
• Article 553. Entry and Search Without Judicial Authorisation
• Article 579. Interception of Correspondence and Postal Communications
• Article 588 ter a. Interception of Telephone and Internet Communications

Evidence

• Article 456. When Expert Evidence Must Be Ordered
• Article 730. Reading of Evidence Taken During the Investigation
• Article 741. Assessment of the Evidence and the Duty to Give Reasons

Conclusion of the investigation

• Article 641. Provisional Discontinuance of Proceedings
• Article 779. Decisions Closing the Preliminary Investigation

Trial and agreed disposition

• Article 787. Attendance at Trial and Trial in Absentia
• Article 801. Immediate Sentence on a Guilty Plea before the Duty Court
• Article 962. Immediate Trial of Minor Offences before the Duty Court

Appeals and enforcement

• Article 790. Appeal Against Judgment in the Abbreviated Procedure
• Article 847. Decisions Open to Appeal in Cassation
• Article 852. Cassation for Infringement of a Constitutional Provision

The translations in this guide are working translations prepared by the firm and have no official status. The only authoritative text is the Spanish original published by the Official State Gazette, available at the Boletín Oficial del Estado. Nothing in this guide constitutes legal advice.