Why foreigners get caught out
Judges sometimes see a foreign suspect with no address in Spain as a flight risk by default. Showing roots, such as a residence, a job, family or a property, or offering a passport surrender and a bond, often turns a request for detention into conditional release. Preparing that evidence before the hearing is essential.
When can a judge order pre-trial detention?
Article 503 of the Criminal Procedure Act requires that the facts constitute an offence punishable by a maximum of two years' prison or more (or less, if the suspect has a non-cancelled record for an intentional crime), that there are sufficient grounds to believe the suspect is responsible, and that detention pursues one of these aims:
- Ensuring the suspect's presence when there is a risk of flight, assessed by the seriousness of the offence and penalty, family, work and economic situation, and how soon the trial is.
- Preventing the concealment or destruction of evidence.
- Protecting the victim, especially in domestic violence cases.
- Avoiding the risk of reoffending.
The detention hearing
Pre-trial detention can only be ordered at a hearing where the prosecutor or the private prosecutor requests it and the defence can argue against it and present evidence. The judge cannot order it on their own initiative.
Alternatives to detention
Conditional release
The judge can release the suspect with obligations: to report to court regularly (for example on the 1st and 15th of each month), not to leave Spain, to surrender their passport or to stay away from the victim.
Money bond
Release can be conditioned on depositing a sum of money as a guarantee. The amount depends on the offence, the risk of flight and the suspect's means. It is returned if the suspect complies.
How long can it last?
Pre-trial detention generally lasts up to one year for offences punishable by up to three years' prison and up to two years for more serious ones, with possible extensions. In practice, most cases are tried much sooner.
Appeals
The detention order can be challenged before the same judge and appealed to the Provincial Court. New evidence of roots or a change in circumstances can justify a new request for release.
A practical example
A French resident of Ibiza was arrested in a drug investigation and the prosecutor asked for detention, alleging a risk of flight. We provided his rental contract, employment record and his children's school enrolment, and offered a passport surrender. The judge released him with reporting obligations. Read about drug offences in Spain. More information on the firm's main website: pre-trial detention (in Spanish).
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about bail and remand in Spain
Is there bail in Spain?
Spain can require a money bond for release, but the main question is whether the judge orders pre-trial detention or conditional release.
Will I be held in prison because I am a foreigner?
Not automatically. The judge must assess the actual risk of flight, and showing roots in Spain reduces it.
Can I appeal a detention order?
Yes, before the same judge and to the Provincial Court.
Can I leave Spain if I am released with conditions?
Only if the conditions allow it. A passport surrender or travel ban prevents it.