Why foreigners get caught out
Many foreigners leave Spain thinking the case is over, change address or never open the letters, and years later are arrested at an airport on a Spanish warrant. Others travel back for hearings that could have been handled by their lawyer. Planning the case from the start avoids both problems.
When you cannot leave
Pre-trial detention
In serious cases with a risk of flight, the judge may order pre-trial detention.
Travel ban and passport surrender
The judge can prohibit you from leaving Spain and order you to surrender your passport, usually with obligations to report to court. Your lawyer can ask for these measures to be lifted or relaxed, for example in exchange for a money bond or a fixed address abroad.
Your obligations once you are home
- Give an address, email and phone number for notifications, and update them.
- Keep in contact with your Spanish lawyer, who receives court notices.
- Attend when personally summoned, or arrange with the court to give evidence by videoconference.
Trial in your absence
In the abbreviated procedure, if the prosecution seeks a prison sentence of up to two years, or a different penalty of up to six years, the trial can be held without the defendant if they were properly summoned at the address they gave and their lawyer is present. For more serious charges, the defendant must attend.
Videoconference
Spanish courts increasingly allow statements and some hearings by videoconference, either through the court system of your country, under EU cooperation instruments, or by direct connection when the court allows it. It is not a right in every case, so it must be requested in time.
If there is already a warrant
If you missed a summons and a warrant has been issued, the best course is usually to appear voluntarily through a lawyer, give a new address and ask for the warrant to be withdrawn, rather than wait to be arrested at a border. See European arrest warrants.
A practical example
A British couple involved in a fight in Sant Antoni had their trial set for six months later. We asked the court to allow the trial in their absence, since the prosecutor sought less than two years, and arranged for the victim's statement to be challenged with CCTV. The couple did not have to travel back and were acquitted. More information on the firm's main website: criminal law 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 going home during a Spanish case
Can I fly home after being released by the judge?
Yes, unless the judge has imposed a travel ban, a passport surrender or other restrictions.
What happens if I do not return for the trial?
If your presence was required, the judge can declare you in default and issue a search and arrest warrant.
Can I be tried without being present?
Yes, in some cases where the prosecution seeks up to two years' prison and you were properly summoned.
Can I give evidence from my country?
Often yes, by videoconference, if requested in time and the court agrees.