What are your rights as a Detainee in Spain?
2 min read↗
Home / Practice areas / Criminal Defence
Practice areaA criminal matter in a foreign legal system is frightening enough without a language barrier on top of it. Someone in your corner who explains what is happening and what comes next, in English.
Whether you are a witness, a suspect, or already facing charges, at any level of the Spanish court system.
Yes, always. Under Spanish law you have the right to a lawyer present for any police statement, whether you are a witness or a suspect. What you say at this stage can shape the whole case, so it matters that someone is there who understands both the law and what you are actually saying.
The case first goes through an investigation phase before a Juzgado de Instrucción, where evidence is gathered. Depending on the severity of the charge, it then moves either to a Juzgado de lo Penal for less serious offences or to the Audiencia Provincial for more serious ones, where the actual trial takes place.
Yes, in most cases. Depending on where the original judgment was issued, an appeal (recurso de apelación) goes to a higher court, and in some circumstances a further appeal can reach the Tribunal Supremo. Appeal deadlines are strict, so this needs to be assessed quickly after a judgment.
It depends on the stage and the seriousness of the case. Some hearings can proceed with legal representation alone, but a criminal trial where you are the accused generally requires your presence. We tell you upfront exactly which hearings need you there in person.
A European Arrest Warrant is issued by one EU country asking another to arrest and surrender a person for prosecution or to serve a sentence. If you are notified of one, you should get legal representation immediately, since there are strict time limits and specific grounds on which surrender can be challenged.
Doing everything possible, and some things that seemed impossible.
Thanks a lot to Manuel for his outstanding dedication, professionalism, expertise and unwavering commitment. He helped to redress an injustice and clear my professional reputation. Despite it being August, Manuel went above and beyond to ensure a successful resolution.
