Article 520 Spanish Criminal Procedure Act: Rights of a person in police custody

Article 520 of the Spanish Criminal Procedure Act sets out how a detention must be carried out and lists the rights that attach to any person held in police custody in Spain: to be informed in writing of the alleged facts, to remain silent, to appoint a lawyer, to have the detention notified to a third party, to be assisted by an interpreter and to be examined by a forensic physician. For a foreign national these safeguards are the whole of the defence during the first hours.

Wording of Article 520 of the Spanish Criminal Procedure Act

Requirements and procedure

1. Detention carried out in the manner least prejudicial to the person concerned.
2. Written, immediate and comprehensible information as to the alleged facts and the reasons for the deprivation of liberty.
3. The right to remain silent, not to testify against oneself and not to confess guilt.
4. The right to appoint a lawyer and to a confidential interview with him before and after any statement.
5. Ancillary rights: notification to a third party and to the consular authorities, free assistance of an interpreter, examination by a forensic physician, and access to the essential elements of the case file.

Defence strategy

The confidential interview before any statement. Paragraph 6 confers the right to a confidential interview with the lawyer before the statement is taken. Refusal of that interview, or holding it in conditions that prevent confidentiality, vitiates the statement. Any such incident must be recorded in the custody record at the moment it occurs.

Assistance of an interpreter. This is the safeguard most frequently defective in practice where the detainee is a foreign national. The interpreter must be qualified and must be present throughout, including during the interview with the lawyer. Reliance on an officer with some knowledge of the language, or on a fellow detainee, does not satisfy the requirement and renders the statement challengeable.

Consular notification. A foreign detainee is entitled to have the detention notified to the consular authorities of his country. This right derives from Article 36 of the Vienna Convention on Consular Relations and its omission must be recorded and raised, since it may support the nullity of what follows.

Access to the essential elements of the case file. Paragraph 2(d) confers a right of access to those elements of the proceedings necessary to challenge the lawfulness of the detention. Systematic refusal at police stations remains common practice and must be met with a formal objection entered in the record.

Examination by a forensic physician. The right subsists at all times. Exercising it is essential where ill-treatment is alleged and also in order to establish intoxication or a medical condition capable of founding a defence of diminished responsibility at a later stage.

Habeas corpus. Where the deprivation of liberty is unlawful, is unduly prolonged or the rights under this Article are infringed, an application for habeas corpus under Organic Law 6/1984 is the appropriate remedy. It must be made immediately and cannot lawfully be obstructed by the custody officers.

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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.