Why foreigners get caught out
In busy summer weeks, interpreters may be scarce for less common languages, and interpretation is sometimes done over the phone or by someone without legal training. If you do not understand a question or an answer, say so at once. Your lawyer can ask for the statement to be repeated, for a different interpreter or for a recording to be reviewed.
What the right to an interpreter covers
At the police station
The information about your rights must be given in a language you understand, and an interpreter must be present at the police interview. See your rights when arrested.
In court
An interpreter must assist at every hearing in which you take part: the duty court, statements before the investigating judge and the trial. In fast-track cases, this includes the explanation of any plea deal.
With your lawyer
The right extends to communications with your lawyer directly related to your interview or a hearing. In practice, it is a major advantage to have a lawyer who speaks your language and does not depend on a third party.
Remote interpretation
The law allows interpretation by videoconference or telephone, unless the presence of the interpreter is necessary to protect your rights.
Translation of documents
You are entitled to a written translation of the documents essential for your defence: the decision depriving you of liberty, the charges or indictment and the judgment. Other documents can be translated if your lawyer shows they are essential. Sometimes an oral translation or summary is given instead, if it does not harm your defence.
When the interpretation is poor
- Say immediately that you do not understand.
- Ask your lawyer to record the problem in the statement.
- Request a different interpreter or a sworn translation.
- Challenge the validity of a statement made without proper interpretation.
Statements made without a proper interpreter can be challenged and, in some cases, excluded as evidence.
Victims and witnesses
Victims who do not speak Spanish also have the right to an interpreter when reporting the crime and giving evidence, and to the translation of essential information. See victims of crime in Mallorca.
A practical example
A Polish worker accused of theft in Mallorca accepted a plea deal at the duty court through a telephone interpreter, believing he was agreeing to a fine without a criminal record. We showed that the consequences had not been properly translated and, on appeal, the plea was annulled and the case reopened, ending in an acquittal. More information in English on the firm's main website: English-speaking lawyers at Castell Abogados.
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 interpreters in criminal cases
Do I have to pay for the interpreter?
No. The interpreter is free in every criminal case, whatever the result.
Can I bring my own interpreter?
You can use a trusted interpreter with your lawyer, but at the police station and in court the official interpreter is appointed by the authorities.
Will I get the judgment translated?
Yes. The judgment is one of the essential documents you are entitled to have translated.
What if I signed a statement I did not understand?
Your lawyer can challenge it and ask for it to be excluded as evidence.