Have you been detained by the Police?
These are your rights upon being arrested:
If you have faced an arrest, there are a series of rights which you are guaranteed.
You should be made aware of your rights upon arrest. If you do not speak Spanish and have been detained, you have the right to hear your rights in your native language, or a language of your choice.
When a declaration of your rights in your chosen language is not available, you will be informed of your rights through an interpreter as soon as possible. In this case, you should receive, afterwards and without undue delay, the written declaration of your rights in a language which you understand.
The first rights of a detainee are:
The right to be silent, not to make any statement, and/or not to answer a question or all the questions he/she is asked, and the right to state that he/she will make a statement before the judge.
Not to make any statement against yourself and not to plead guilty.
The right to nominate a lawyer, regardless of the LeCrim (Criminal Procedure Act) Article 527 (1.a) provisions and to be assisted without any unjustified delay. In cases where the geographical distance makes the lawyer’s assistance impossible, the detainee will have the option of a telephone call or video conference with the lawyer, except when it is impossible.
The right to know the Police-related elements that could be essential for submitting an appeal against both the arrest and the deprivation of freedom.
The right to inform family members or another chosen person, without unjustified delay, about his/her deprivation of liberty and the location of custody in every moment. Foreigners, under above mentioned circumstances, will have the right to inform their corresponding country’s Spanish Consulate.
The right to communicate by telephone, without undue delay with a third party of his/her choice. This communication will take place in the presence of a police officer, or possibly before a civil servant selected by the judge or prosecutor, without prejudice of the provisions of Article 527 of the Criminal Procedure Act.
The right to be visited by his/her country consular authorities, to communicate and to maintain correspondence with them.
The right to be assisted, free of charge, by an interpreter when the involved person is a foreigner who does not understand Spanish, or the official language of the undergoing procedure, or if he/she is a deaf person or a person with hearing impairment, as well as other persons with language-speech difficulties.
The right to be examined by a forensic doctor or legal substitute or in the absence by the medical practitioner belonging to the Institution where he/she is arrested, or by any other answerable to the State, or another public administration institution.
The right to request free of charge legal advice and the procedures to receive it.
In case you have been detained, we would recommend visiting our link: Criminal Defence – What you should know.
Should you require further information regarding Criminal Prosecutions, or you require representation in court, our firm can provide advice. Please do not hesitate to contact our lawyers.