In Spain, every detained person is entitled to a set of fundamental rights that law enforcement and judicial authorities must uphold. These rights are enshrined in the Spanish Constitution and Criminal Procedure Law to ensure your liberty, dignity, and access to justice are protected from the very first moment of detention.

 

Do not face detention alone. Immediate legal assistance can make a decisive difference in the outcome of your case.

 

Our expert criminal defense lawyers in Granada and Malaga are available 24/7 to protect your rights, represent you effectively, and act quickly during every stage of the criminal process.

📍 Areas We Cover

We provide legal defense in all judicial districts of Granada and Malaga, including:

Granada Province:

• Granada
• Motril
• Santa Fe
• Loja
• Guadix
• Baza
• Órgiva
• Huéscar

Malaga Province:

• Malaga
• Marbella
• Fuengirola
• Torremolinos
• Vélez-Málaga
• Antequera
• Estepona
• Ronda
• Coín
• Archidona

Contact Us Now – Protect Your Rights from the Start

Whether you’re being held by the police or facing an appearance before a judge, early intervention by an experienced criminal defense lawyer is critical. We offer rapid legal response and full coverage across the provinces of Granada and Malaga.

Table of Contents

1. Concept of Detention in Spain
2. Right to Be Informed of the Reasons for Detention
3. Right to Legal Assistance
4. Right to Remain Silent
5. Presumption of Innocence
6. Right to Communicate with Family or Loved Ones
7. Maximum Legal Detention Time
8. Rights of Minors in Detention
9. Protection Against Mistreatment
10. Habeas Corpus: Safeguard Against Unlawful Detention
11. Detention Logbook
12. FAQs

Concept of Detention in Spain

Detention is a legal measure that temporarily restricts a person’s freedom for the purpose of investigating a suspected crime or ensuring their appearance in court. Article 17 of the Spanish Constitution guarantees your right to liberty and establishes that detention must be justified by reasonable suspicion.

Your Key Rights During Detention

In accordance with the provisions of article 24 of the Spanish Constitution and 118 of the Law Of Criminal Procedure (LECr), you have the following rights:

1. Right to Be Informed

From the very beginning, you must be clearly informed of the reasons for your detention and the accusations against you, in a language you understand.

2. Right to Legal Assistance

You have the right to a lawyer from the moment of your arrest. You can choose your own lawyer or request a public defender. 

Legal assistance includes:

• Being present during police or court interrogations
• Requesting medical evaluations if needed
• Ensuring you are informed of your full rights
• Holding a confidential meeting with you before any statement

3. Right to Remain Silent

You are not obligated to answer questions from the police or prosecutor. You may choose to remain silent or speak only before a judge. No one can force you to testify against yourself.

4. Presumption of Innocence

You are presumed innocent until proven guilty by a court ruling. This is a constitutional guarantee under Article 24 of the Spanish Constitution.

5. Right to Communicate with Loved Ones

You may notify a family member or a person of your choice of your detention. If you’re a foreign national, your consulate must also be informed.

6. Maximum Detention Time

Police detention cannot exceed 72 hours. Within this time, you must be either released or brought before a judge.

7. Special Protections for Minors

If you are under 18, the Juvenile Prosecutor’s Office will be informed, and your parents or guardians will be notified immediately. Additional protections apply under Spain’s juvenile justice system.

8. Protection Against Mistreatment

Detainees have the right to be treated with dignity and without physical or psychological abuse. This is protected by both Spanish and European human rights laws.

9. Habeas Corpus

If you believe your detention is unlawful, you have the right to request an immediate court review through a habeas corpus petition. The court must assess whether your detention is legal and justified.

10. Detention Record

All detentions must be documented in an official logbook, including:

• Time and place of arrest
• Identity of the detainee
• Legal basis for the detention
• Notifications to family or consular authorities

11. Interpreter 

You have the right to be assisted by an interpreter and to the written translation of the documents essential for your defence, if you do not speak or understand Spanish.

12 Consular help

As you have been arrested, and in accordance with the provisions of article 520 of the LECr, you also have the right to inform your family or the person of your choice that you have been arrested and where you are being held. To have the consular representative of your country informed of these circumstances and to be examined by a male or female Forensic Practitioner.

 

Frequently Asked Questions (FAQs)

• What happens if I’m not informed of my rights?

This is a serious procedural violation that could render the evidence or detention invalid.

 

2. Can I choose my own lawyer?

Yes. If you don’t have one, the court will appoint a public defender.

 

3. What if I don’t speak Spanish?

You will be provided with a qualified interpreter, free of charge.

 

4. Can I refuse to talk to the police?

 

Yes. You have the right to remain silent until you consult your lawyer.

 

5. What if I’m mistreated while in custody?

 

You can file a formal complaint and request a medical examination. You also have the right to invoke habeas corpus.

 

Call Now for Immediate Legal Assistance in Granada or Malaga

Don’t delay. Whether you’re in Granada, Malaga, or surrounding towns, our criminal defense lawyers will act fast to protect your rights.