Your rights when arrested in Spain

The rights of every detainee

To be informed

You must be told, in writing and in simple language you understand, what you are accused of, why you have been arrested and what your rights are.

To remain silent

You can refuse to make a statement, refuse to answer some questions or say that you will only speak before the judge. You also have the right not to incriminate yourself and not to confess guilt.

To a lawyer

You can appoint a lawyer of your choice or, if you do not, a duty lawyer will be assigned. The lawyer must attend without unjustified delay, and you have the right to a private consultation with them before and after the police interview.

To access the essential evidence

You and your lawyer can access the parts of the file that are essential to challenge the legality of the arrest.

To inform a relative and your consulate

You can ask for a relative or another person to be told where you are held, and foreign nationals can have their consulate informed and receive consular visits.

To make a phone call

You can call a third person of your choice without unjustified delay, in the presence of a police officer.

To an interpreter

If you do not speak or understand Spanish, you are entitled to a free interpreter, including for your conversations with your lawyer. See interpreter rights.

To a doctor

You can ask to be examined by a forensic doctor or another public doctor.

How long the police can hold you

Police custody can only last as long as strictly necessary to investigate, and never more than 72 hours, after which you must be released or brought before a judge. In practice, most detainees in the Balearic Islands see a judge within 24 to 48 hours.

Habeas corpus

If you believe your arrest is unlawful or that your rights are being violated, you or your lawyer can request a habeas corpus hearing. A judge must then decide immediately whether to release you.

Breathalyser, fingerprints and searches

Some steps are not covered by the right to silence. Drivers must take the breath test: refusing is a separate crime. Body samples for DNA usually require your consent or a court order. See drink driving in Mallorca.

A practical example

A Swedish national arrested in Ibiza was interviewed without an interpreter of his language and signed a statement he did not understand. We challenged the statement at the duty court and the judge excluded it. Without it, the evidence was insufficient and the case was dismissed. More information in English on the firm's main website: English-speaking lawyers at Castell Abogados.