SPANISH CRIMINAL PROCEDUREYour rights if you are arrested in Spain

What is at stake

• Maximum 72 hours in police custody before you must be brought before a judge
• The right to remain silent and not to incriminate yourself
• A lawyer of your choice must attend within 3 hours; a duty lawyer if you have none
• Your consulate and a relative must be informed if you so request
• Anything signed without understanding it can, and will, be used

What we do

• Immediate attendance at the police station, day or night
• Confidential interview with you BEFORE any police statement
• Review of the custody record: times, rights read, medical attention
• Habeas corpus where custody is unlawful or excessive
• Preparation of your statement before the investigating judge, which is the one that counts

Article 520 LECrim · Rights of the detainee

You must be informed immediately, in writing and in a language you understand, of the facts you are accused of and of your rights: silence, no self-incrimination, a lawyer of your choice, a free interpreter, a doctor, communication of your detention to a relative and to your consulate, and a phone call. Your lawyer must arrive without undue delay and in any case within 3 hours, and you are entitled to a private interview with them before making any statement.

Article 496 LECrim and Article 17 of the Constitution · Time limits

The police must release you or bring you before a judge within 24 hours, with an absolute constitutional maximum of 72 hours. The real limit, however, is the time strictly necessary for the investigation: once the interviews and identifications are done, keeping you in the cells is unlawful even if the 72 hours have not expired.

Article 492 LECrim · When arrest is lawful

Arrest requires reasonable grounds to believe you took part in an offence punishable by more than three years, or a risk that you will not appear if merely summoned. Automatic arrest for minor offences where the person is fully identified and has local ties is unlawful and can be challenged.

Article 118 LECrim · Right of defence

Your right to defend yourself is born the moment you are suspected, not when charges are formally filed: access to the case file, silence, and the right to be told what exactly is alleged. Statements taken from a suspect treated as a mere witness are routinely annulled by Spanish courts.

Organic Act 6/1984 · Habeas corpus

If the detention is unlawful or has exceeded its time limits, you, your family or your lawyer can file a habeas corpus petition with the duty judge, who must hear you and rule within 24 hours. It is a fast, powerful remedy and one of the reasons why a lawyer at the police station matters.

Article 17 of the Spanish Constitution · The framework

No one may be deprived of liberty except in the cases and in the manner provided by law. Everything above flows from this: what the police must prove, how long they may hold you, and the remedies you have if they get it wrong.