Criminal law: first steps
A short guide to Spanish criminal proceedings.
If you only have a minuteKey points
Anyone arrested has the right to be assisted by a lawyer of their choice; otherwise, a duty lawyer is assigned.
Anyone under investigation or arrested has the right to remain silent and not to plead guilty and, if they choose to make a statement, to do so assisted by a lawyer.
If you have received a summons or any notification from a court, it is important to keep all relevant documents and to write down the date on which you received it, as it may be relevant for the purposes of the statutory deadlines. The heading of the document identifies the court and the proceedings, for example:
Fictitious example Sección de Instrucción del Tribunal de Instancia de Barcelona
Plaza nº 34Procedimiento: Diligencias Previas 0001/2026 · Sección A
Your lawyer will need these details, and you will find them on any notification from the court. Please keep it. At this point, it is essential to seek legal advice immediately.
In our experience, the sooner professional advice is sought, the better the prognosis and the more favourable the outcome of the dispute. For this reason, it is essential to have the support and services of a specialised lawyer from the outset.
What has happened cannot be changed; what is now in your hands is to remember it accurately for when it is needed. It is advisable to make a sketch or a short written summary of what happened: memories, descriptions and anything you consider important. Proceedings can take a long time and memories can vary, so it is important to keep as many details as possible.
Criminal law: first steps
- Summoned as a suspect in Spain: what it means and what to doSummoned to give a statement as a suspect? What it means, what rights you have and what happens if you do not attend.
- Rights on arrest in Spain: time limits, lawyer and what to doHow long can an arrest last? Do you have to answer questions at the police station? Your rights on arrest and what your family can do.
- Fast-track criminal trial in Spain: when it applies and how it worksSummoned to a fast-track trial? When it applies, what happens at the duty court and the time limits of the procedure.
- Plea agreement in Spain: what it is, sentence reduction and consequencesOffered a deal to accept the charges? What a conformidad is, when it cuts the sentence by a third and what accepting it means.
- Dismissal of a criminal case in Spain: final, provisional and reopeningHas your case been closed? The difference between a final and a provisional dismissal, its effects, how to appeal and when a case can be reopened.
- Appealing a criminal judgment in Spain: time limits and groundsDisagree with a criminal judgment? Which judgments can be appealed, within what time limits, on what grounds and what the court can decide.