Your interpreter rights if you are questioned, detained or accused

Key rules

• Free interpreter: You get a free interpreter at every stage, from police questioning and your lawyer meeting through to trial and appeals.
• Signing: You do not have to sign a police statement, and before signing you can have it read or explained through an interpreter and ask for corrections.
• Written rights: Detained people must get their rights in writing in a language they understand.
• Object early: Complain about poor interpreting straight away, through your lawyer, so it is recorded before you sign.

The short answer

If you are accused, investigated or detained and do not understand Spanish, you get a free interpreter at every stage. The state pays, whatever your income. This applies to every nationality, whether or not you are detained.

Do not answer questions until the interpreter is there. The checklist below gives the exact steps, and the phrases below help you ask in Spanish.

Where the interpreter must be provided

• Police questioning and detention.
• Your private meeting with your lawyer, which the interpreter keeps confidential. The cover is for talks linked to the proceedings, such as questioning, hearings or an appeal. Extra meetings may be harder to get.
• Statements before the judge or prosecutor.
• The trial, other hearings and appeals.

You can stay silent. But you cannot give up the interpreter in practice, so do not feel you must "manage" with basic Spanish. If police or a judge say you do not need one, you can challenge that.

What you must be told when detained

Police must tell you straight away, in simple language you understand, what you are accused of, why you are detained, and your rights. Those rights include silence, a lawyer, telling a relative or other person, telling your consulate, medical examination, and the maximum detention time.

You must get this in writing, in a language you understand. Stations keep standard versions in many languages. If none is available, you are told orally through an interpreter and get the written version afterwards. You can keep your copy.

What gets translated in writing

These must be translated in writing:

• the decision that took away your liberty
• the charges (the escrito de acusación)
• decisions on pre-trial detention and other precautionary measures
• the judgment
• any other document the judge or court sees as essential

The court can replace a written translation with an oral summary if your defence and a fair trial are not harmed, and your lawyer must be consulted first. The translation may arrive within a reasonable time, not instantly. The judge decides what is essential, so ask your lawyer to request in writing any document you think you need.

Your own statement (the acta) is interpreted aloud during questioning and when it is read back. A written translation is not automatic, but your lawyer can ask for one.

Before you sign anything

You do not have to sign a police statement. Before signing, you can have it read or explained through an interpreter and ask for corrections. If you refuse to sign, police must record the refusal, and it cannot be treated as an admission of guilt. Your lawyer should read the document and sign it too.

Do not sign something you did not understand. A police statement counts for less than one before a judge, but it can still be used against you.

If the interpreter is poor

Object at once, through your lawyer, so the complaint is written into the acta. You can ask for the interpreter to be replaced or their qualifications checked. Object before you sign. If you only say later that you did not understand, your case is weaker without that protest at the time.

If the objection is rejected, your lawyer can appeal. Later, problems can be raised as a failure of the proceedings or as defencelessness (indefensión).

Documents you need

Documents to get translated or explained

• The decision that took away your liberty (your detention order), translated in writing.

• The charges against you (the escrito de acusación, or indictment), translated in writing.

• The decisions on pre-trial detention and other precautionary measures, translated in writing.

• The judgment, translated in writing.

• Any other document the judge or court considers essential. Ask your lawyer to request it in writing if you think it matters for your defence.

• A written translation of your own statement (the acta, the written record). It is not given automatically: your statement is interpreted orally during questioning and when it is read back before you sign, but you can ask your lawyer to request a written copy.

What to insist on if you are detained and do not understand

• Say "Necesito un intérprete" and do not answer questions until one is present.

• Ask for your rights in writing, in a language you understand, and keep a copy.

• Ask to be told what you are accused of and why you are detained.

• Ask for a lawyer before you make any statement, or for a duty lawyer (abogado de oficio) if you have none.

• Remind police that you can stay silent and refuse to answer some or all questions.

• Ask for your consulate to be told of your detention.

• Ask for the interpreter to read back or explain your statement before you sign, and ask for a copy.

What to watch out for

Interpreter risks

• Poor interpreting that is not recorded: If the interpreter is poor and you say nothing at the time, a later claim that you did not understand is much weaker. Have your lawyer object at once so the complaint is written into the acta. You can ask for the interpreter to be replaced or for their qualifications to be checked. Insist the objection is noted before you sign.

• Signing something you did not understand: A signed police statement can be used against you, even though it carries less weight than a statement before a judge. Do not sign until it has been read or explained to you through the interpreter. Ask for corrections or additions.

• Thinking refusal to sign counts against you: You are allowed to refuse to sign. Police must record the refusal in the document, and it cannot be treated as an admission of guilt. If you are unsure what the paper says, refuse to sign and tell your lawyer.

• Being told no interpreter is needed: If officials decide you do not need an interpreter, or the interpretation or translation is poor, you have the right to challenge that decision and complain. Tell your lawyer straight away. If the objection is rejected, your lawyer can appeal it. Later problems can be raised as a defect in the proceedings or as being left defenceless, but only if they were flagged early.

• Oral summary instead of written translation: Some documents may be explained orally or summarised instead of translated in writing, if your defence and a fair trial are not affected. Ask your lawyer to confirm this is enough for each document, and to request a written translation of anything essential.

What if the interpreter is poor or missing?

Object straight away, and make sure the objection is written down. That is the single most useful thing you can do if the interpreter is missing or poor.

Speak up at once. Tell your lawyer, or the officer or judge if you have no lawyer yet, that you do not understand or that the interpretation is wrong. Ask for a different interpreter, or ask for the interpreter's qualifications to be checked. If no interpreter is there at all, say you need one before you answer any question.

Get it recorded. Ask for your objection to be noted in the acta, the written record of the statement or hearing. Your lawyer should insist that it is noted before you sign anything. Do not sign a statement you could not follow. A later claim that you did not understand is weaker if you made no protest at the time.

Phone or video interpreting is allowed. Police often use a phone interpreter in custody when nobody can come in person. That is not a fault in itself. It can be a problem if it harms the fairness of the proceedings, for example in a complex trial. The judge or court decides whether remote interpreting is acceptable in a particular hearing. If the line is bad or you cannot follow, say so and have that recorded too.

What it means legally

A statement taken without an interpreter you needed breaches your right to a defence and a fair trial. It is generally treated as null and cannot be used as evidence. Courts have annulled proceedings for this reason.

Do not count on that alone, because the outcome depends on the facts:

• You have to show you really did not understand. The courts look at how well you actually understood Spanish.
• The court may rely on other, independent evidence.
• The problem may be fixed by repeating the statement with a proper interpreter.

How to challenge it

1. Object at the time, through your lawyer, as described above. You also have the right to challenge a decision that you do not need an interpreter, and to complain about the quality of interpretation or translation.
2. If the objection is rejected, your lawyer can file a recurso de reforma or an apelación against that decision.
3. Later, the defect can be raised by asking for the proceedings to be declared void (nulidad de actuaciones), or on appeal because you were left defenceless (indefensión).
4. As a last step, once the ordinary routes are used up, an amparo appeal to the Constitutional Court is possible.

Your lawyer chooses the route and the timing. Tell them as early as you can exactly what you could not understand.

Spanish phrases to ask police for an interpreter, lawyer and report copy

Show these phrases to the officer, or read them aloud. Each Spanish line has its English meaning beside it. Say the ones you need and ask for the rest to be written down.

Ask for an interpreter

• Necesito un intérprete, por favor. I need an interpreter, please.
• No hablo español. I do not speak Spanish.
• Hablo inglés. I speak English.
• No entiendo. I do not understand.

Ask for a lawyer

• Quiero un abogado. I want a lawyer.
• Quiero hablar con un abogado antes de declarar. I want to speak to a lawyer before making a statement.
• No tengo abogado, quiero un abogado de oficio. I do not have a lawyer, I want a state-appointed lawyer.
• No voy a declarar sin mi abogado. I will not make a statement without my lawyer.

Ask for copies

• Quiero una copia del atestado. I want a copy of the police report.
• Quiero una copia de lo que firmo. I want a copy of what I sign.
• Quiero una copia de la denuncia. I want a copy of the report I filed.
• Necesito el número de la denuncia. I need the report number.
• Quiero la denuncia traducida. I want the report translated.

Other useful phrases

• Quiero llamar a mi consulado. I want to call my consulate.
• Quiero denunciar un delito. I want to report a crime.
• Me han robado. I have been robbed.
• Me han agredido. I have been attacked.
• Es para el seguro. It is for the insurance.

What to know before you sign

• If you are the victim of a crime, you have the right to a free interpreter when you file a report. You can also ask for a written acknowledgment of your report in a language you understand.
• You may not get a full written translation of every document. The police can translate orally or give you a summary instead.
• Do not sign anything you do not understand. Ask for the interpreter first, then sign.

Quick answers about interpreters at police stations and courts

Can I decline the interpreter and use my basic Spanish?

In practice you cannot waive the interpreter itself, because it is a safeguard for your defence. You can still refuse to give a statement. If a judge or police see you struggle with the language, they can appoint an interpreter on their own.

Will I get my statement translated in writing?

No, a written translation of your own statement is not given automatically. The statement is interpreted aloud during questioning and again when it is read back before you sign.

Who pays for the interpreter in a civil or labour hearing?

The party who needs the interpreter normally pays, as part of the procedural costs. You may recover it if the other side is ordered to pay costs. If you have legal aid (justicia gratuita), the interpreter and translation costs are covered.

Do I have to translate my own foreign-language documents for a civil case?

Yes, documents in a foreign language must be filed with a translation by the party who submits them. If you have legal aid, free translation is included when the case needs it.