Facing a criminal case

It is for anyone planning or carrying out a move to Spain. After reading, you will know your rights at each stage, how the process runs and how to get a defence lawyer.

Start with "How a criminal case runs in Spain from investigation to sentence". It shows the stages, the timing and who does what, so the other pages make sense in context.

From there, go to the page that matches your situation:

• A summons as a suspect: "You were called to testify as a suspect (investigado)".
• Finding a lawyer and who pays: "Getting a criminal defence lawyer in Spain and who pays".
• Low-level offences: "Minor offences and fast trials (delitos leves, juicio rápido)".
• Jail before trial or leaving Spain: "Jail before trial, bail and leaving Spain while a case is open".
• A plea or sentence: "Pleading guilty (conformidad), sentences and suspension in Spain".
• A warrant from your home country: "European arrest warrant and extradition requests in Spain".
• A witness summons: "Called as a witness in a Spanish criminal case".
• A teenager accused of a crime: "If your teenager is accused of a crime in Spain".

Reporting a crime, consular help, residence consequences of a conviction and traffic fines are covered elsewhere.

Key rules

• Police custody limit: Police can hold you for no more than 72 hours before they must release you or bring you before a judge.
• Duty lawyer arrival: If you do not choose a lawyer, a duty lawyer must come within 3 hours of the request.
• Habeas corpus: A judge normally decides a habeas corpus request on an unlawful detention within 24 hours.
• Plea reduction: In a fast trial, agreeing to the charge before the duty court brings a one-third reduction of the penalty.
• Lawyer: Attend with a lawyer, your own or a duty lawyer, and speak to them privately before you say anything.
• Silence: You may stay silent or skip any question, and silence cannot legally count as an admission of guilt.

Facing a criminal case: the whole process, step by step

• Arrest and police custody: a duty lawyer is requested and you are brought before a judge: Police can hold you for no more than 72 hours before they must release you or bring you before a judge

• Arrange your defence: ask for a duty lawyer or apply for legal aid at the Colegio de Abogados: As soon as possible, before or at the start of the proceedings. The legal aid commission decides in about 30 days from the complete file

• Respond to a summons as a suspect (investigado) and give your statement to the judge: On the date in the summons. If you do not appear without good cause, the judge can order you to be brought by force

• Investigation stage with the investigating judge: Ordinary cases last 6 months and can be extended by court order. See How a criminal case runs in Spain from investigation to sentence.

• Fast trial (juicio rápido) for simpler cases: duty court first, then trial: Trial normally takes place within about 15 days of the case reaching the criminal court, with the sentence 3 days after the trial. See Minor offences and fast trials (delitos leves, juicio rápido).

• Minor offence hearing (delito leve) before the investigating judge: Normally heard within weeks to months, with a sentence at once or within days

• Trial in an ordinary case: Often 6 to 18 months after the charges for the abbreviated procedure, and several years for the most serious cases

• Sentence: fines, suspension of short prison sentences or expulsion for non-EU foreigners: After the trial. A fine is paid in instalments if the court allows, and unpaid fines can turn into days in custody at one day for every two unpaid quotas

• Appeal the sentence: Within 5 days for minor offences and within 10 days for sentences from the criminal court, counted in working days from notification

• Appeal against decisions of the investigating judge: Reform appeal within 3 days, appeal within 5 days

• Special routes: European arrest warrant, witness summons, detained teenager: A European arrest warrant leads to a hearing within 72 hours of arrest and a decision usually within 60 days. A detained minor can be held up to 72 hours in total

Documents you may need

Identity and residence

• Your passport — Getting a criminal defence lawyer in Spain and who pays, Jail before trial, bail and leaving Spain while a case is open

Income and work

• Proof of income — Getting a criminal defence lawyer in Spain and who pays
• A certificate from your employer — Called as a witness in a Spanish criminal case

Other documents

• The summons — You were called to testify as a suspect (investigado), Called as a witness in a Spanish criminal case
• Proof of your family unit and your assets — Getting a criminal defence lawyer in Spain and who pays
• Documents that prove why you cannot attend — You were called to testify as a suspect (investigado)
• Proof of your travel and stay expenses — Called as a witness in a Spanish criminal case

Facing a criminal case: questions that cross several articles

Do I have to answer police questions without a lawyer?

No, you can stay silent and you cannot normally be questioned by police without a lawyer present. You must still give your identity details, and refusing can bring a fine. Read "Getting a criminal defence lawyer in Spain and who pays" and "Step-by-step: what happens from arrest to first court appearance" next.

What happens if I ignore a summons to testify as a suspect?

If you skip a summons without good cause, the judge can order you to be brought by force and can impose measures such as pre-trial detention if there is a risk of flight. Illness or other documented impossibility is accepted and the hearing is rescheduled. Read "You were called to testify as a suspect (investigado)" and "Jail before trial, bail and leaving Spain while a case is open".

Can I be tried without being present?

Yes, but only in limited cases of the abbreviated procedure, such as when the prosecution seeks under 2 years and you were properly notified. Serious cases need you present. Read "You were called to testify as a suspect (investigado)" and "How a criminal case runs in Spain from investigation to sentence".

Which cases are handled as a fast trial?

Fast trials cover offences punished with up to 5 years in prison that begin with a police report and are caught in the act or look simple, such as theft, threats or road-safety offences. Read "Minor offences and fast trials (delitos leves, juicio rápido)", then "Pleading guilty (conformidad), sentences and suspension in Spain" for the plea reduction.

How long do I have to appeal a sentence?

The deadline is 5 days for minor offences and 10 days for most other first-instance sentences, counted in working days from notification. Missing it is final, so contact your lawyer straight away. Read "How a criminal case runs in Spain from investigation to sentence" and "Getting a criminal defence lawyer in Spain and who pays".