Know your rights
Your rights as a foreign national in a Spanish criminal case
Spanish law gives every person who is arrested or investigated a set of rights, and some of them exist precisely for people who do not speak Spanish. Knowing them in the first hours changes what happens afterwards.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
Free
Interpreter at the police station and in court, and translation of the essential documents.
Your choice
A lawyer you choose, and a private meeting with him before any statement.
Silence
You can refuse to answer. Silence cannot be used as proof of guilt.
A free interpreter and translated documents
If you do not speak or understand Spanish, you have the right to a free interpreter in every police and court act, including the private meeting with your lawyer (art. 123 LECrim). You also have the right to a written translation of the essential documents of the case: the charges against you, any decision depriving you of liberty and the judgment.
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If you believe the interpretation is inaccurate, your lawyer can ask the judge to check it and to appoint a different interpreter. This is not a formality: a mistranslated statement can follow you through the whole case.
A lawyer of your choice, from the first moment
You have the right to be assisted by a lawyer during the police statement and at every court appearance. You can appoint the lawyer you want; if you do not, a duty lawyer is assigned. You can change to a lawyer of your choice at any later stage.
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Before you make any statement you have the right to a private meeting with your lawyer (art. 520.6 LECrim). Use it.
Silence
You have the right not to make a statement, not to answer some or all questions, not to incriminate yourself and not to confess guilt. Choosing to remain silent cannot be used against you as proof of guilt. In most cases, it is wiser to speak only before the judge, once your lawyer has read the police report.
To know why you are held and for how long
You must be told, in a language you understand, the facts you are accused of and the reasons for your arrest, and you must be given a written statement of your rights that you can keep during custody. Police custody cannot exceed 72 hours; before that limit you are released or taken before a judge.
Consulate, family and a doctor
As a foreign national you have the right to have your consulate informed and to communicate with it. You also have the right to have a person of your choice told about the arrest and where you are held, and to be seen by a doctor.
Access to the case file
Your lawyer has the right to see the essential elements of the police report before you make a statement, so that the defence can be prepared. In court, you and your lawyer have access to the case file, with the exceptions the judge may order in the early stages of an investigation.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
Do I have to pay for the interpreter?
No. In criminal proceedings the interpreter and the translation of essential documents are free, whether or not you can afford a lawyer.
Can I use my own interpreter?
At the police station and in court the interpreter is appointed officially. You can bring someone to help you communicate with your lawyer, and I use translation tools for our day-to-day messages.
I signed documents in Spanish without understanding them. What now?
Tell your lawyer exactly what you signed and when. The lack of a proper interpreter or translation can be raised in your defence, and it is one of the first things I check in the file.
I am a tourist. Can I leave Spain while the case is open?
It depends on whether the judge has imposed conditions such as surrendering your passport or appearing regularly. If no condition prevents it, you can usually leave, but you must be reachable and attend when summoned. Not appearing can lead to an arrest warrant.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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