The person arrested has the right to remain silent
According to the Spanish Code of Criminal Procedure, a person who is detained by the police for whatever reason has the right to remain silent and not say a word. No matter what offense the person concerned has committed, he or she can remain silent and not make a confession.
The person’s silence will not negatively affect the trial later. The person will not be sentenced for not speaking or cooperating.
The police must justify the detention in writing, so the client should choose the appropriate strategy for him or her based on the instructions of his or her attorney.
Additionally, whether or not the person remains silent will not directly affect the subsequent bail process or release.
Police can only hold a person for a maximum of 72 hours
Spanish law states that the police can only hold a suspect for a maximum of 72 hours. The police have 72 hours to investigate the suspect, and if they believe that the suspect shows signs of having committed a crime, they must submit the case to the courts and the Public Prosecutor’s Office so that the judge can decide whether or not to continue to hold the suspect in custody.
If the case says that there is not a prima facie case, the police generally will not take the case to court, and the person must be released within 72 hours at that time. The person is also not required to pay any bail in this case.
The arrested has the right to have a lawyer and a translator .
When a person is detained, he or she has the right to ask for an attorney. He or she can hire a lawyer he or she is familiar with. If there is no lawyer he or she is familiar with, the police department will contact an official lawyer. If the person concerned has little financial means, then the attorney ‘s fees for the official attorney will be paid by the government at public expense. If the person has sufficient financial means, then the person will need to pay the attorney’s fees themselves.
Those who do not speak Spanish also have the right to have the police call an interpreter. The cost of the translator is paid for by the government at public expense.
The person concerned has the right to make a telephone call .
Spanish law gives a detained suspect the right to call a third party, such as a family member, a friend, a lawyer, a consulate, etc. The right to call a third party is not limited to the person in question.
In serious cases, suspects may be prevently jailed
If there is a prima facie case, then the police will present the case file to the judge and let the judge decide whether or not to take the suspect into jail temporarily. Generally, the judge will decide whether or not to take the suspect into custody based on the seriousness of the case and the likelihood of the suspect absconding.
