A US citizen was arrested in Madrid over a minor theft, a pair of trousers worth €22.99. She was fully identified and had provided a valid address. She was still held for nearly twenty-four hours. Through a habeas corpus petition filed the same day, she was released.
This article explains what habeas corpus means under Spanish law, why the arrest was unlawful, and how we challenged it.
What Happened: An Arrest That Should Never Have Occurred
Our client was shopping in several stores in central Madrid. When she left a clothing store, the security alarm triggered. A pair of trousers worth €22.99 had accidentally ended up in her shopping bag alongside items she had already paid for, she had the receipts for all of them. She returned the item immediately and explained it was an oversight.
The security staff had already called the police, who proceeded to arrest her. During the nearly twenty-four hours of detention that followed:
• Her rights were not clearly explained to her.
• She was not allowed to make phone calls to notify her family.
• No comprehensible explanation was given for her continued detention.
• She was not permitted to take her prescribed medication.
Why the Arrest Was Unlawful Under Spanish Law
Minor theft (hurto leve) is defined in Article 234(2) of the Spanish Criminal Code and carries only a financial penalty. For this category of offence, the Spanish Code of Criminal Procedure (LECrim) is clear: Article 495 LECrim prohibits arrest where the suspect has a known address. Articles 962 and 963 LECrim establish a formal summons, not detention, as the standard procedure for minor offences.
Our client had provided three valid addresses: her hotel in Madrid, her permanent residence in the United States, and the law firm's professional address. Article 775 LECrim expressly accepts the defence lawyer's address for notification purposes. There was no legal basis for continuing the arrest.
Article 17(2) of the Spanish Constitution and Article 520(1) LECrim further require that pre-trial detention last no longer than strictly necessary. Once our client had been identified and the police report completed, no pending investigative step justified keeping her in custody.
What Is Habeas Corpus Under Spanish Law?
Habeas corpus is the procedure that allows a detained person to be brought immediately before a judge to review the lawfulness of the detention. It is enshrined in Article 17(4) of the Spanish Constitution and governed by Organic Law 6/1984. The detained person, or their lawyer, can file the petition at any time. The judge must rule within twenty-four hours and, if the detention is found unlawful, orders immediate release.
Around 3,500 habeas corpus petitions are filed in Spain each year, but only a small fraction results in an order for release. Achieving both admission and a favourable ruling requires solid legal reasoning and fast action.
The Outcome: Released Within Hours
We filed the petition before the duty court in Madrid, arguing violations of Articles 495, 520, and 962-963 LECrim, and of Article 17(2) of the Constitution. The court admitted the case and ordered our client's immediate release, retaining only the summons for the minor theft hearing.
An unlawful deprivation of liberty was reversed within hours.
Key Takeaways
Being fully identified and having provided a valid address should be sufficient to prevent arrest for a minor offence under Spanish law. When it is not, habeas corpus is the tool to respond with the urgency that the right to liberty demands.
At Fukuro Legal, we specialise in defending foreign nationals before the Spanish criminal courts. We act with the speed and precision these situations require. If you or someone you know is in a similar situation, contact us.
