In Spain, a person who is detained or arrested has the right to be informed of the reasons for the arrest and the charges against them. The detained person has the right to be immediately informed of the facts and reasons for the detention, which should be documented in writing. They should be clearly informed, in a language they understand, of their right to request habeas corpus proceedings in writing, according to the Miranda Doctrine (it is important to have rights and to know you have them). It is important that this information be provided in writing so that the detained person can process it. At that moment, when their rights are read to them, they cannot internalize what has been said to them.
The detention must be carried out with the least possible harm to the person, their property or reputation, respecting their honor, privacy, and image, unless their right to freedom of information is affected. The trial is public, but not the instruction or pre-trial phase.
The right to remain silent and not to answer questions or make a statement. The right to defense is the right not to confess guilt and not to incriminate oneself (lies do not have legal consequences), to prompt legal assistance (it is not acceptable for the police to wait until the end of the detention to call a lawyer, otherwise it may be considered an illegal detention), and to access the essential elements of the proceedings.
The right to communicate with a lawyer and to have legal counsel during any questioning or trial. The right to communicate with consular authorities if the person is a foreign national. The right to communicate with a third party of their choice. The police have the right to be present during the call, but not to listen to what is said (interception of communications violates Article 18 of the Spanish Constitution).
The right to be brought before a judge within the strictly necessary time, a maximum of 72 hours from the arrest, at which point the judge will decide whether to release the person or order their detention.
The right to an interpreter and the right to be examined by a forensic doctor at the detention center or a doctor at a public center. There is no free choice of doctor. This is important for health, but also to prove the possible abusive use of excessive force (the police may use force, but it must be the minimum and necessary).
It is important to note that these rights apply to all people detained or arrested in Spain, regardless of their nationality or immigration status. It is also important for detained individuals to be aware of these rights and to exercise them if necessary.
If you are under arrest in Spain, it is important that you contact a criminal defense attorney as soon as possible to protect your rights and ensure that you receive a fair trial. A criminal lawyer can provide you with legal advice andrepresentation, and can help you navigate the criminal justice system. It is especially important to have a lawyer present during any questioning by the police, as anything you say can be used against you in court. If you are unable to afford a lawyer, you may be entitled to legal aid. Do not hesitate to contact us for assistance if you find yourself in this situation. We are 24h at your disposal.