Police stops and public-order fines

It is for anyone thinking about, planning or carrying out a move to Spain. After reading, you will know what to carry and expect at a police stop, which behaviour gets fined, and how to respond to a fine or a stop that goes wrong.

Start with "Police identity checks: what you must carry and what to expect". It is the situation most newcomers meet first, and it sets up the pages on your rights, fines and complaints.

Key rules

• Public-order fines: Public-order fines run from 100 to 600 euros for minor cases, 601 to 30,000 euros for serious cases and 30,001 to 600,000 euros for very serious cases.
• City bylaw caps: City bylaw fines are capped at 750 euros for minor, 1,500 euros for serious and 3,000 euros for very serious breaches.
• Protest notice: Organisers of a demonstration on public roads must give written notice at least 10 days and no more than 30 days beforehand, or 24 hours when urgent.
• Early payment: Paying within 15 days of being notified that the procedure has started gives a 50% reduction and ends the procedure, but it means accepting the fine and giving up administrative appeals.
• Detention limit: Police can hold you only for the time strictly necessary and never more than 72 hours before you must be released or brought before a judge.
• Station identification: If you cannot or will not identify yourself, police can take you to the nearest police premises for the time strictly necessary, never more than 6 hours.

Police stops and public-order fines: the whole process, step by step

From a police stop to a fine, step by step

• Identity check: carry your documents and, if you cannot or will not identify yourself, expect to be taken to the nearest police premises (see the identity checks article): during the stop, for never more than 6 hours

• Search or arrest: ask for a lawyer, an interpreter and consular notice (see the article on your rights if police stop, search or detain you): from the moment of arrest; police can hold you never more than 72 hours before release or a judge

• Fine notice arrives: check the conduct and the fine band (see the public-order fines and city bylaw articles): after the incident, by post, in person, or electronically if you use electronic notices; a notice not collected within 10 calendar days counts as rejected

• Pay early for the reduction if you accept the fine (see the pay-or-contest article): within 15 days of being notified that the procedure has started, for a 50% reduction; traffic fines allow 20 calendar days

• Submit your allegations if you want to contest (see the pay-or-contest article): normally within 15 days after the procedure starts; traffic procedures give 20 days

• Appeal the final decision by recurso de alzada or recurso de reposición, both optional: within 1 month of the decision; if there is no express decision, the period is 3 months

• Challenge the decision before the administrative courts: within 2 months of notification of the decision that ends the administrative route

• Complain about police behaviour or a wrong fine (see the complaint article): to the Defensor del Pueblo within 1 year of learning of the facts; report promptly with medical reports, witnesses and officer ID numbers

Documents you may need

• Your passport or travel document — Police identity checks: what you must carry and what to expect

• Your TIE — Police identity checks: what you must carry and what to expect

• The EU registration certificate or card — Police identity checks: what you must carry and what to expect

• Your DNI — Police identity checks: what you must carry and what to expect

Police stops and public-order fines: questions that cross several articles

Who decides a fine for breaking a city bylaw, and how do I appeal it?

The mayor of the ayuntamiento, or a councillor or board it delegates to, decides bylaw fines. You can ask the same body to reconsider within 1 month, or go straight to the administrative courts within 2 months. Read "Everyday behaviour that city bylaws fine in Spain" and "You got a fine notice: pay it or contest it?".

Can I get the 50% reduction and still contest a fine?

You can still go to court after paying within 15 days for the 50% reduction, but paying ends the procedure and means giving up administrative appeals. See What gets you a public-order fine under the Ley de Seguridad Ciudadana.

What happens if I am fined for using drugs in public?

Using or carrying drugs in public is a serious infraction with a fine of 601 to 30,000 euros, usually at the low end for simple possession, and the drugs are seized. The penalty can be suspended if you join a treatment programme. Read "What gets you a public-order fine under the Ley de Seguridad Ciudadana" and "Cannabis, cannabis clubs and drug possession rules in Spain".

Can I be fined if I join a protest nobody gave notice of?

An unnotified protest is not automatically illegal, but police can dissolve it if public order is at risk. Organisers must give written notice 10 days to 30 days beforehand, or 24 hours when urgent, and face fines if they do not. Read "Protests, filming police and public gatherings as a foreigner" and "What gets you a public-order fine under the Ley de Seguridad Ciudadana".