Your rights as a detainee
Article 520 of the Spanish Criminal Procedure Act recognises every detained person’s right to remain silent, not to incriminate themselves, to appoint a lawyer and be assisted by them before any questioning, to an interpreter if they do not understand the language and, if they are a foreign national, to notify their country’s consulate of the detention. Preventive detention may not last longer than strictly necessary and, in any event, no more than 72 hours, before being brought before a judge or released.
Pre-trial detention: what is really at stake
After the detention, the judge decides whether the person is released or remanded in pre-trial detention while the investigation continues. It is the harshest decision in the process, and it is decided in a single hearing. The judge assesses the risk of flight, the possibility of destroying evidence, and the seriousness of the offence; in response, the defence must quickly evidence ties to Spain—family and work links and an address in Spain—and propose alternative measures such as bail, periodic court appearances, or surrender of the passport. For foreign clients this is particularly delicate: a detention at an airport is interpreted as a flight risk, which is why preparation for that hearing cannot be improvised.
Habeas corpus: when the detention is unlawful
If the detention is carried out without meeting the legal requirements, Organic Law 6/1984 allows habeas corpus to be requested so that a judge immediately reviews its lawfulness and, where appropriate, orders release. It is an urgent oversight tool that we activate when there are indications that the detention or its conditions are not in accordance with the law.
How We Act
We attend the police station and advise you before you make a statement. We review the police report, monitor the lawfulness of the detention, searches and seizures, prepare the hearing on pre-trial detention, and design the strategy from minute one. For foreign clients, we also provide consular assistance recognised under the Vienna Convention, coordinate with their lawyer back home, and offer support in German and English. We also cooperate with the German Consulate and with the German-speaking evangelical community that supports German prisoners in Mallorca.
Common mistakes to avoid
- Making a statement or signing the police report without a lawyer, believing that this will lead to an earlier release.
- Attending the pre-trial detention hearing without having prepared evidence of ties to Spain.
- Not notifying the consulate as a foreign national.
- Waiving the interpreter out of haste or because you only partially understand the language.