Article 123 Spanish Criminal Procedure Act: interpretation and translation

Article 123 of the Spanish Criminal Procedure Act guarantees suspects and accused persons who do not speak or understand Spanish the assistance of an interpreter in every proceeding, including conversations with their lawyer, and the written translation of essential documents: custody rulings, the indictment and the judgment. It is applied daily in the defence of foreign clients.

Also cited as: article 123 Spanish Criminal Procedure Act · art. 123 LECrim · LECrim article 123 · artículo 123 de la Ley de Enjuiciamiento Criminal.

Wording of Article 123 of the Spanish Criminal Procedure Act

1. Suspects or accused persons who do not speak or understand Spanish or the official language in which the proceedings are conducted shall have the following rights: a) the right to be assisted by an interpreter using a language they understand during all proceedings requiring their presence, including police or prosecutorial questioning and all court hearings; b) the right to an interpreter in conversations with their lawyer directly related to their questioning or statement, or necessary for lodging an appeal or for other procedural applications; c) the right to interpretation of all acts of the trial; d) the right to written translation of the documents essential to the exercise of the defence, including in any event the decisions ordering their imprisonment, the indictment and the judgment; e) the right to submit a reasoned application for a document to be deemed essential. The costs of translation and interpretation arising from the exercise of these rights shall be borne by the Administration, whatever the outcome of the proceedings.

2. Where simultaneous interpretation is unavailable, the interpretation of the trial referred to in letter c) shall be consecutive, in a manner sufficiently safeguarding the defence.

3. In the case of letter d), translation may be dispensed with for passages of essential documents which, in the view of the judge, court or competent official, are unnecessary for the suspect or accused to know the facts alleged. Exceptionally, written translation may be replaced by an oral summary in a language the person understands, where the defence is thereby sufficiently safeguarded.

4. Translation shall be carried out within a reasonable time, and from the moment it is ordered the applicable procedural time limits shall be suspended.

5. Interpretation may be provided by videoconference or any telecommunication means, unless the physical presence of the interpreter is needed to safeguard the person’s rights.

6. Interpreted or translated proceedings may be documented by audiovisual recording of the original statement and its interpretation; where a document is translated orally or into sign language, a copy of the translated document and the recording shall be joined to the record.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.

Effect. The provision imposes no penalty: it grants rights whose breach voids the affected proceedings and suspends the running of procedural time limits while translation is carried out.

Rights recognised

  1. Interpreter assistance in police, prosecutorial and judicial proceedings, extended to lawyer conversations linked to the defence.
  2. Interpretation of the whole trial, consecutive where simultaneous means are unavailable.
  3. Written translation of essential documents, in any event custody decisions, the indictment and the judgment, with an exceptional oral summary.
  4. Suspension of time limits during translation and possible provision by videoconference, documented by recording.

Defence strategy

Demanding translation of essential documents. Failure to translate the custody order, the indictment or the judgment vitiates the act and reopens the time limits; the defence should raise it at once and document the language barrier.

Auditing interpretation quality. Deficient interpretation equals its absence: contradictions attributed to the accused that stem from interpreting errors are fought with the recording of the statement.

Claiming the interpreter with the lawyer. The reserved interview before the statement requires an interpreter; its denial affects the right of defence and taints the ensuing proceeding.

Invoking suspended time limits. Once translation is ordered, time limits are suspended; appeals rejected as late without discounting that period are reviewable.

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.

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.

Frequently asked questions

What effect does the application of Article 123 of the Spanish Criminal Procedure Act produce?

The provision imposes no penalty: it grants rights whose breach voids the affected proceedings and suspends the running of procedural time limits while translation is carried out.

What does Article 123 of the Spanish Criminal Procedure Act provide on the rights recognised?

Interpreter assistance in police, prosecutorial and judicial proceedings, extended to lawyer conversations linked to the defence. Interpretation of the whole trial, consecutive where simultaneous means are unavailable. Written translation of essential documents, in any event custody decisions, the indictment and the judgment, with an exceptional oral summary. Suspension of time limits during translation and possible provision by videoconference, documented by recording.

How does the defence make use of Article 123 of the Spanish Criminal Procedure Act?

Demanding translation of essential documents. Failure to translate the custody order, the indictment or the judgment vitiates the act and reopens the time limits; the defence should raise it at once and document the language barrier. Auditing interpretation quality. Deficient interpretation equals its absence: contradictions attributed to the accused that stem from interpreting errors are fought with the recording of the statement. Claiming the interpreter with the lawyer. The reserved interview before the statement requires an interpreter; its denial affects the right of defence and taints the ensuing proceeding. Invoking suspended time limits. Once translation is ordered, time limits are suspended; appeals rejected as late without discounting that period are reviewable.

Is the English text of Article 123 of the Spanish Criminal Procedure Act official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.

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