When a person is detained by the police for allegedly participating in criminal acts, he or she has several rights under the Spanish Constitution and other laws.
Article 17 of the Constitution guarantees that no one may be deprived of his liberty, if it is not in accordance with what the Law establishes. It also recognizes the right of any detained person to initiate the “habeas corpus” procedure in the event that he/she considers that his/her detention is not in accordance with the Law and the rules.
Regarding the duration of detention, it is guaranteed that it may not last longer than the time strictly necessary to clarify the facts under investigation and, at the latest, within 72 hours, the person must be released or brought before a judge.
Article 17 of the Constitution guarantees a series of rights that a person has while in custody, which are developed in greater detail in articles 118 and 520 of the Criminal Procedure Law.
Thus, the rights that every detained person has are as follows:
- The right to be informed of the criminal acts attributed to him/her and for which he/she is being investigated and has been detained. The police have the obligation to explain clearly and in detail the facts that are being attributed to them.
- The right to review the file sufficiently in advance and prior to making a statement.
- The right to be a party to the judicial proceeding in order to be aware of everything carried out by the court and also to be able to promote future actions to exercise their right of defense.
- The right to freely designate a lawyer of his confidence or of his choice. In case you do not have a lawyer or do not know any, you have the right to be assigned a court-appointed lawyer to assist you in your detention. In addition, you have the right to a private interview with your lawyer prior to your statement.
- The right to request free legal assistance in the event that he/she does not have sufficient financial resources to be able to pay a lawyer.
- The right to be notified of his detention and the place where he is being detained to his family member or any other person of his choice.
- The right to communicate by telephone with the person of your choice, always in the presence of a police officer.
- The right to have the consular authorities of your country notified of your detention, in case you are a foreigner, and also that these authorities may visit you and that you may communicate with them.
- The right to be visited and examined by a physician to check your state of health.
- The right to be assisted by a translator or interpreter of his or her language free of charge in case the person does not understand or speak Spanish.
- The right to remain silent and the right not to testify or to give evidence to any of the parties or questions put to him or her. No detained person may be compelled to testify either in police or judicial proceedings.
- The right not to testify against oneself and not to confess guilt, which is basically equivalent to saying that the detainee or investigated person has the right to lie about the things he/she is asked about.
Sara Gabernet
Lawyer Specializing in Criminal Law
Martínez & Caballero Abogados
