If you are arrested in Spain, or receive a summons you do not understand, the first hours matter more than anything that happens later. Statements made at that stage are difficult to undo, and the duty solicitor system does not guarantee you a lawyer who speaks your language.
This page explains your rights, how the Spanish criminal process works, and the offences foreign residents most often face.
Your rights if you are detained
Spanish law gives a detained person a defined set of rights, and they apply regardless of nationality or immigration status:
- To be told, in a language you understand, what you are accused of and why you are being held
- To remain silent, and not to incriminate yourself
- To a lawyer, present at any questioning and at any identification procedure
- To a free interpreter
- To have your consulate notified
- To have someone of your choosing told where you are
- To be examined by a forensic doctor
Two practical points. First, you do not have to give a statement at the police station, and in most cases it is better to reserve your account for the investigating judge, once your lawyer has seen the file. Second, the duty lawyer is entitled to be there but may not speak English; you are entitled to instruct a lawyer of your own choice instead.
How a Spanish criminal case runs
| Stage | What happens |
|---|---|
| Investigation (instrucción) | An investigating judge gathers evidence. This is where the case is really shaped. |
| Committal | The judge decides whether there is enough to proceed to trial |
| Trial | Heard by a different court from the one that investigated |
| Appeal | To the Provincial Court, and in some cases beyond |
The most common misunderstanding is that the investigation stage is a formality. It is not. Evidence gathered or missed there usually decides the outcome.
Offences we most often deal with
Driving offences
Drink driving is an offence above 0.60 mg/l of breath alcohol, or 0.25 mg/l for drivers in their first two years and professional drivers. Refusing a test is a separate and more serious offence. Excessive speed, driving without a licence and reckless driving are also criminal rather than administrative matters.
These are the offences that most often bring otherwise law-abiding residents into a Spanish criminal court, and they carry disqualification as well as fines.
Offences against property
Theft, fraud and misappropriation. In fraud cases involving property or investments, the criminal case and a civil claim often run together and need coordinating.
Offences against the person
Assault, threats and coercion, including cases arising from disputes between neighbours or in communities of owners, which escalate more often than people expect.
Domestic and gender violence
These go to specialised courts and move quickly, often with protective measures imposed within days. We act both in defence and for complainants.
Acting as private prosecutor
Spanish criminal procedure allows a victim to take part in the prosecution as a party in their own right, the acusación particular, rather than leaving it to the public prosecutor. That means access to the file, the right to propose evidence and the right to make submissions.
For a victim it is usually the difference between following a case and influencing it, and it is also how compensation is claimed within the criminal proceedings.
Frequently asked questions
I have received a court summons in Spanish and do not understand it. What do I do?
Do not ignore it, and do not assume it is minor. Send it to us and we will tell you what it is, what stage the case is at and what the deadline is. Deadlines in criminal matters are short and failing to appear has consequences of its own.
Do I have to be in Spain for the case?
For minor matters, attendance can sometimes be arranged by video link or through your lawyer. For serious charges the accused is generally required to attend the trial. We tell you which category yours falls into at the outset.
Can I get legal aid?
Free legal assistance (justicia gratuita) is available in Spain to those below income thresholds, and non-residents can qualify. We can tell you whether you are likely to qualify and how to apply.
Will a Spanish conviction affect me at home?
It can. Convictions are exchanged between EU member states, and a disqualification from driving may have effects beyond Spain. This is worth understanding before deciding how to plead.
What happens to my licence after a drink driving charge?
Disqualification is a normal part of the sentence for these offences, and it applies to driving in Spain regardless of which country issued your licence. The length depends on the reading and the circumstances.
Talk to us
If you have been arrested or summonsed, call before you give any account of what happened. Contact us here, or call 654 581 493.