How to complain about police behaviour or a wrong fine

Terms used

• Defensor del Pueblo — The Defensor del Pueblo is Spain's national ombudsman, who investigates complaints about public bodies, including police conduct.
• Fiscalía — The Fiscalía is the public prosecutor's office, which can investigate crimes, including those by officers.
• Denuncia — A denuncia is a criminal report to the police or a court. It needs no lawyer.
• Querella — A querella is a formal criminal complaint that makes you a party to the case and requires a lawyer and procurador.
• Delito leve — A delito leve is a minor criminal offence.
• Recurso de reposición — The recurso de reposición is an appeal asking the body that issued a decision to reconsider it.

Key rules

• Conduct complaints: Complaints about officers go to internal affairs, the Defensor del Pueblo, the Fiscalía or a court.
• Wrong fines: A wrong fine is challenged by sanction appeal, not by a conduct complaint.
• Defensor del Pueblo: It is free, needs no lawyer, and requires a signed written complaint with ID.
• Querella: A querella needs a lawyer and procurador, but a denuncia does not.

Two different problems, two different routes

A complaint about an officer's behaviour goes to an internal affairs unit, the Defensor del Pueblo, the Fiscalía or a court. A fine you think is wrong is not a conduct complaint. You challenge it through a sanction appeal. The decision below helps you pick.

Complaining about an officer

You can use these channels whatever your immigration status.

• Internal affairs. The Policía Nacional and the Guardia Civil each have an internal affairs unit. The Interior Ministry also has an inspection service for police and security staff. You can file on the Ministry's online forms or in person.
• Defensor del Pueblo. This is the national ombudsman. It looks into how public bodies behave and also works against torture and ill-treatment. It is free, and you need no lawyer. Send a signed written complaint with your ID within one year of learning of the facts.
• Fiscalía. The public prosecutor's office can open an investigation when an officer may have committed a crime.
• Court. You can file a criminal complaint (denuncia) at a police station or the court duty office. A denuncia needs no lawyer. A querella, a more formal complaint that makes you a party to the case, needs a lawyer and a procurador.
• Local police. Complain to the town hall, the mayor or the local police disciplinary unit. Regional ombudsmen, such as the Síndic de Greuges in Catalonia, can also help.
• Your consulate. If you are a foreigner, you can also contact it.

Procedures vary by police force and region, so ask the office you choose how it wants the complaint submitted.

Act quickly and gather evidence

Report soon. Take medical reports, the names of witnesses and the officers' ID numbers if you can. Offences expire. A minor offence (delito leve) expires after 1 year. Other offences expire after 5 years or more, depending on the penalty. Disciplinary complaints also have time limits that depend on how serious the conduct was. The timeline below shows the steps in order.

If the problem is a fine

If a municipal ordinance fine is wrong, a conduct complaint is not the tool. The mayor of the ayuntamiento, or a councillor or board it delegates to, decides these fines. You have two options:

1. Ask the same body to reconsider, with a recurso de reposición, within one month. This step is optional.
2. Go straight to the administrative courts within two months.

A decision by the mayor ends the administrative route, so the courts are the next step after that.

Choosing between options

Which route fits your problem

Which route should you use for your problem with the police or a fine?

• Internal affairs unit: You want the officer disciplined. Use the internal affairs unit of the Policía Nacional or Guardia Civil, or the town hall and local police disciplinary unit for local police.

• Defensor del Pueblo: You want an independent body to look at administrative conduct, or you suffered ill-treatment. Write, sign and send it with ID within 1 year; no lawyer is needed.

• Fiscalía or court: You think an officer committed a crime.

• Sanction appeal: The fine itself is wrong. For a municipal ordinance fine, ask the mayor to reconsider within 1 month, or go to the administrative courts within 2 months.

Complain about an officer's behaviour through internal affairs, the Defensor del Pueblo, the Fiscalía or the courts. Challenge a wrong fine through a sanction appeal instead.

Procedures vary by police force and region; confirm the right office and deadline before filing.

Timeline and deadlines

• Report promptly to a police station or the court duty office, with medical reports, witnesses and officer ID numbers: as soon as possible after the incident

• Send a signed written complaint with ID to the Defensor del Pueblo: within 1 year of learning of the facts

• Report a minor offence (delito leve) by an officer before it expires: within 1 year

• Report other offences by an officer before they expire: 5 years or more, depending on the maximum penalty

• Ask the mayor's office to reconsider a municipal ordinance fine (recurso de reposición, optional): within 1 month of the decision

• Challenge a municipal ordinance fine before the administrative courts: within 2 months of the decision

Frequently asked questions

Do I need a lawyer to complain to the Defensor del Pueblo?

No, you do not need a lawyer or procurador to complain to the Defensor del Pueblo, Spain's national ombudsman. The complaint is free, in writing and signed, with your identification.

Do I need a lawyer to file a criminal complaint against an officer?

A simple denuncia needs no lawyer and has no formal requirements, so you can file it at a police station or the court duty office. A querella, the more formal type of criminal complaint, does require a lawyer and a procurador.

What should I gather before I report an officer?

Gather medical reports, witness details and the officers' ID numbers, and report promptly. Offences expire after set periods, and minor offences (delitos leves) expire after 1 year. Foreigners can also contact their consulate.