Arrested or detained in Spain: your rights and the first 72 hours

Key rules

• Custody limit: After the police hold you, a judge must see you or you must be released; the judge then has a further 72 hours to decide on release or pre-trial detention.
• Interpreter: If you do not understand Spanish, the interpreter is free from the start of detention.
• Consulate: Your consulate can visit you and contact your family, but it cannot defend you or get you out.
• Silence: You can stay silent until your lawyer is with you.

The short version

Spain guarantees every detainee a lawyer, an interpreter and the right to have their consulate told. These rights apply to anyone arrested in Spain, whatever their nationality or residence status. The police must respect them within strict time limits. Your consulate supports you but cannot free or defend you.

Your rights when you are detained

The police must tell you straight away, in simple words you understand, what you are accused of and why you are held. You will get a written statement of your rights.

• Silence. You can stay silent, refuse to answer questions and refuse to confess. You do not have to incriminate yourself.
• A lawyer. A lawyer attends your police questioning and any identification line-up. After questioning you can ask for a private meeting with them. If you do not name a lawyer, the local bar association assigns a duty lawyer (abogado de oficio).
• An interpreter. If you do not understand or speak Spanish, you get a free interpreter from the start of detention and for questioning. Essential documents must be translated in writing.
• The case file. You can see the essential parts of the file that you need to challenge the detention.
• Someone told. You can have a person of your choice told that you are detained and where you are held.
• A doctor. You can ask for a medical examination by the forensic doctor or the public health service.
• A judge's review. You can ask a judge to review whether the detention is legal. This is called habeas corpus.

Who pays for the lawyer

Free legal help during detention applies whatever your income. Help for the rest of the case depends on your means. Foreigners have the same right to it as Spanish citizens.

How your consulate is told

If you are a foreign national, you can ask for your consulate to be told that you are held and where. The police or the judicial authority makes the notification, usually through the foreign ministry or directly to the consulate. Often they do it as a routine step. Some countries have treaties that require notification even if you do not ask. You can also ask to speak to consular officials and to receive visits from them.

What your consulate can and cannot do

A consulate can:

• confirm the detention and visit you;
• check your welfare and conditions;
• contact your family and pass on messages;
• give you a list of local lawyers and interpreters;
• explain how the local legal system works;
• watch that you are treated fairly and in line with local law;
• in some cases, help money from your family reach your prison account.

A consulate cannot get you released, step into the court case, give legal advice or represent you. It cannot investigate the crime or get you better treatment than locals receive. Services differ somewhat between countries. Your consulate will not pay hospital, hotel, legal or travel bills, or fines and bail.

How long you can be held

Police can hold you for no longer than 72 hours before you must be released or brought before a judge. In practice, custody must last only as long as strictly needed. Once you are before the judge, the judge has a further 72 hours to decide on release or pre-trial detention. The timeline below shows the special rules for terrorism and organised crime.

If a relative is detained

• Find out which police station holds them. Ask the local police, or ask your relative's consulate to confirm the detention.
• Contact their consulate. It can visit and reach you with news.
• Ask the consulate for its list of local lawyers if the family wants to hire one. Otherwise the duty lawyer is already assigned.
• Do not expect to speak to your relative freely at once. Contact may be limited in the first hours, and in some serious cases a judge can order no outside contact.

The checklist below gives the exact requests to make, and the FAQ answers common questions.

Timeline and deadlines

• Police can hold you only as long as strictly needed for their inquiries: from the moment of arrest

• You must be released or brought before a judge: within 72 hours of arrest

• In terrorism and organised crime cases, a judge can authorise extra police custody, up to five days in total: up to 48 more hours, with judicial authorisation

• The judge decides whether to release you or order pre-trial detention: within 72 hours of the handover to the judge

Checklist

• Stay silent and do not answer questions until your lawyer is with you.

• Ask for a lawyer, or accept the duty lawyer, to attend questioning, then ask for a private meeting afterwards.

• Ask for a free interpreter if you do not understand Spanish.

• Ask the consulate to confirm the detention, visit you, contact your family and give you a list of local lawyers and interpreters.

• Do not expect the consulate to get you released, defend you in court or give legal advice; leave that to your lawyer.

Frequently asked questions

Will my consulate be told if I am arrested in Spain?

Yes, you can have your consulate told of your detention and where you are held, and the police or judicial authority makes the notification. They do it when you ask, and often as a routine step.

Do I have to pay for a lawyer if I am arrested in Spain?

No, you do not pay for a lawyer during the detention itself, whatever your means. If you do not name a lawyer, a duty lawyer (abogado de oficio) from the local bar association is assigned. Free legal aid for the rest of the case depends on your income.

Can I get a free interpreter if I do not speak Spanish?

Yes, you have the right to a free interpreter from the start of detention and during questioning, if you do not understand Spanish. You are also entitled to a written translation of the essential documents. Quality and availability can vary by language and place.

Can I have a family member told that I am detained?

Yes, you can have a person of your choice told of the detention and where you are held.

Can the police hold someone longer than 72 hours?

Only in terrorism and organised crime cases, where a judge can authorise up to 48 more hours, so five days in total. In those cases a judge can also order incommunicado detention. After the handover to the judge, the judge has a further 72 hours to decide on release or pre-trial detention.