If you find yourself involved in a criminal case in Spain, whether directly or indirectly, it’s normal to feel anxious about what might happen next. Criminal cases can sometimes lead to a conviction and, in more serious cases, even a custodial sentence.

In situations such as these, which can be weighty and sensitive, it’s essential to get help from a lawyer who understands the Spanish legal system and speaks your language, and that’s where we come in at Gascon Bernabeu. Our team of English-speaking criminal law lawyers based in Spain is here to guide you through the process, ensuring that your rights are protected and that you receive fair treatment throughout the proceedings.

Spanish criminal law can be complex, and having expert guidance can make a significant difference in your experience and the outcome of your case. If you need to speak to a criminal law solicitor, don’t hesitate to reach out to our expert team on +44 (0)203 137 1320 or send us an email to info@gbabogados.co.uk.

How criminal proceedings work in Spain

Spain is one of the world’s top tourist destinations and attracts millions of visitors and holidaymakers every year. So, it’s to be expected that some foreign visitors find themselves involved in criminal cases, ranging from minor infringements to more serious offences.

Spain’s Criminal Code is quite complex, filled with detailed legal language that can be hard to understand. It outlines various criminal offences and how penalties, fines, and sentencing are determined. If you find yourself involved in a legal case, the process can be ongoing for a long time (often years) before everything is resolved. Just because you were arrested and then released doesn’t mean your case is over; there may still be continued legal matters to consider.

Some people mistakenly believe that if they do not hear from the authorities for an extended period, the case has been dropped. However, Spanish courts operate with a significant backlog, and it is not uncommon for years to pass before a formal prosecution is issued. On average, it can take two years for a case to progress from the initial arrest to the trial stage.

The typical process includes:

1. The typical process includes – Arrest and police report – When someone is arrested, the police write a report about what happened. This report is sent to the court to start the legal process.
2. Investigations and depositions – After the arrest, the police collect more evidence and talk to people who saw what happened. These witness statements help the police understand what took place. Witnesses may be asked to give formal statements under oath.
3. Formal prosecution – If there is enough evidence, the prosecutor (the lawyer who works for the government) will charge the person with a crime. The charge could lead to different punishments, like prison time, fines, or paying compensation.
4. Court summons – Once the person is officially charged, they will be given a court summons. This is an official letter that tells them when their trial will happen. Sometimes, it can take years before the trial happens because the legal process takes time to gather more information or deal with scheduling.

Because of the delays in translating documents and sending them internationally, it’s not uncommon for individuals to hear nothing for an extended period before receiving unexpected legal notifications.

If you’ve been involved in criminal proceedings and would like a confidential, no-obligation consultation, please get in touch with our team of English-speaking lawyers today on +44 (0)203 137 1320 or send us an email to info@gbabogados.co.uk.

When do I need to call a criminal law lawyer in Spain?

Ideally, you should contact a criminal lawyer as soon as possible so you can make sure that you receive the best advice and representation. This is especially important if any of the following has happened to you:

• You have been arrested in Spain.
• You have received a court citation.
• You were detained and released but are unsure about your legal status.

Following an arrest, you will be given the opportunity to make a phone call, and we recommend getting in touch with a lawyer then. If you are beyond this stage and have received a court citation, you must contact an English-speaking criminal law solicitor immediately.

In most cases, unless the offence is particularly severe, the Spanish police will release the arrested party after taking an initial deposition before the court authorities. Often, the individual is allowed to return home, sometimes after paying a small fine. However, many people mistakenly assume they are free from legal obligations because their passports have not been confiscated, which unfortunately is not true.

This assumption can be a costly mistake. Even if you were released without restrictions, the case may still be active. In fact, it’s not uncommon for people to be contacted even years later because of backlogs – sometimes when you least expect it – regarding legal proceedings they thought were over and done with.

Even if you were released without further instructions, it’s best to speak to a solicitor because your case is likely still progressing through the legal system.

This means that:

1. Charges can still be formalised – Even for minor offences, Spanish courts go through a formal prosecution process.
2. You may be required to attend court – If you fail to do so, an arrest warrant could be issued.
3. Your case could resurface unexpectedly – It is common for people to forget about an incident, only to receive a court summons years later.