Frequently asked questions about criminal cases in Spain
The questions we are asked most by foreign residents, holidaymakers and their families. Every case has its own details, so treat these as general guidance.
Arrest and police custody
Do I have to answer police questions in Spain?
No. You have the right to remain silent, not to incriminate yourself and to speak privately with your lawyer before any statement.
Read more: Your rights when arrested
How long can the police hold me?
Only as long as strictly necessary and never more than 72 hours before you are released or brought before a judge.
Read more: Arrested in Mallorca
Will I get an interpreter?
Yes. If you do not speak Spanish you have the right to a free interpreter at the police station and in court.
Read more: Interpreter rights
Court and trial
Can my case be decided before my holiday ends?
Often, yes. Many minor offences go through a fast-track trial, and a plea deal at the duty court can close the case in a day or two.
Read more: Fast-track trials
Can I go home while the case continues?
In most cases yes, if the judge does not impose a travel ban. You must give an address for notifications and attend when summoned.
Read more: Leaving Spain during a case
Is there bail in Spain?
Spain can grant provisional release with or without a money bond, but the key decision is whether the judge orders pre-trial detention.
Read more: Bail and pre-trial detention
Sentences and records
Will I go to prison?
Not necessarily. Prison sentences of up to two years can be suspended for first-time offenders who meet the legal conditions.
Read more: Suspended sentences
Will a Spanish conviction appear on my record at home?
Convictions of EU nationals are shared between EU criminal records, and other countries may learn of them through police cooperation or disclosure requirements.
Read more: Criminal records
Victims
I was robbed on holiday. Can I still claim from home?
Yes. You can join the case through a Spanish lawyer, give evidence by videoconference in many cases and claim compensation.
Read more: Victims of crime
Speak to an English-speaking criminal lawyer today
Tell us what has happened by phone, WhatsApp or email. We will explain the charge, the evidence and your options in plain English, and what we would do next to protect your liberty and your record.