Blog category
Criminal Procedure
109 articles on criminal procedure: penalties, case law and defense strategy. See the practice area →
European Arrest Warrant Between Spain and Germany: How It Works
Spain and Germany are both EU member states, so surrender between them runs through the European Arrest Warrant, not classic extradition — with its own deadlines, its own list of automatic offences and its own grounds for refusal.
Extradition from Spain to the United Kingdom Post-Brexit: What Changed
Since Brexit, the UK is no longer part of the European Arrest Warrant. Surrender between Spain and the UK now runs through a new mechanism under the EU-UK Trade and Cooperation Agreement.
Extradition from Spain to the United States: Process and Grounds for Refusal
Spain and the United States are not linked by the European Arrest Warrant. Extradition to the US runs under a bilateral treaty, through the National Court, with its own grounds for opposition.
A Family Member Has Been Arrested in Spain: What to Do in the First 72 Hours
Your partner, child or sibling has just been arrested in Spain: how to find the police station, how to appoint a private lawyer instead of the duty lawyer, what the police will tell you, and when habeas corpus applies.
A Private Prosecution (Querella) Was Filed Against Me in Spain: What to Do
A criminal complaint (querella) has been admitted against you in Spain: deadlines, the summons to give a statement, and the mistakes that can hurt your defence.
Arrested in Spain, Left the Country: Can I Go Back? (2026)
Arrested or investigated in Spain and returned home? Leaving does not close the case: your obligations, the requisitoria and the European Arrest Warrant.
Criminal Case in Spain While Living Abroad: Defence Without Travelling
Facing a criminal case in Spain while you live abroad: how notification reaches you, appointing a lawyer by power of attorney and Hague Apostille, formally entering the case, giving evidence by videoconference (art. 731 bis LECrim) and what happens if you ignore the summons.
Missed a Court Date in Spain? Trial in Absentia, Fugitive Status and the European Arrest Warrant (2026)
If you were a suspect or defendant in Spain and did not attend your court date, the case does not vanish: the trial may go ahead in your absence when the penalty sought does not exceed 2 years (art. 787.1 LECrim), a requisitoria is issued, you can be declared a fugitive and a European Arrest Warrant may follow. How to react and the annulment appeal.
How Much Does a Criminal Defence Lawyer Cost in Spain? Fees Explained (2026)
How a Spanish criminal defence lawyer's fees are calculated: what drives the cost, the retainer (provisión de fondos), the stage-by-stage budget and the engagement letter.
Spain's Criminal Procedure Law (LECrim): What It Is and the Stages of a Criminal Case (2026)
What the LECrim is and how a criminal case works in Spain step by step: investigation, trial and appeals, the types of procedure and the safeguards.
Coordinating Criminal Defence with the Communications Agency Without Breaching Professional Secrecy
How the protocol connecting criminal defence with a high-profile client's communications agency works without breaching the secrecy of art. 199 CP.
Media Accompaniment for a Public Figure Under Criminal Investigation in Spain
How criminal defence is coordinated with reputation management when a public figure is investigated: court secrecy, the right to honour and communication protocols.
Online Abuse of Athletes in Spain: from Hate Crime to Defamation
When mass online abuse of an athlete stops being criticism and becomes a hate crime (art. 510 CP), calumny or injury under Spanish law, and how it is defended.
Transnational Criminal Proceedings in Spain: European Arrest Warrant, Mutual Legal Assistance and Cross-Border Defence
A practical defence guide to transnational criminal proceedings in Spain: European Arrest Warrant, letters rogatory, cross-border confiscation and ne bis in idem.
Compensation for Judicial Error: 2.5 Million After 18 Years in Prison
The Supreme Court awards 2.5 million for a qualified judicial error after 18 years in prison. We explain the regime under art. 121 of the Constitution and arts. 292-293 LOPJ.
Extradition of International Clients: How It Is Defended
European Arrest Warrant, passive extradition and Interpol red notices: grounds for refusal, dual criminality, safeguards and timeframes before the National Court.
The Sports Doping Offence (Article 362 quinquies of the Criminal Code)
Art. 362 quinquies CP punishes those who supply athletes with dangerous doping substances, not the athlete who dopes himself.
Consular Assistance for a Detained or Investigated Foreigner: What Your Consulate Does (and Does Not)
Every foreigner detained in Spain has the right to notify their consulate. We explain what consular assistance is, what an embassy does and does not do, and how it works alongside your criminal defence.
Habeas Corpus in Spain: What It Is and How It Works
Habeas corpus is the urgent procedure that brings an unlawfully detained person before a judge at once. The judge must rule within 24 hours, and no lawyer or court agent is required to file it.
The Jury Trial in Spain: How It Works, What Offences It Tries and Keys to the Defence
Who sits on the Jury Trial, what offences it tries, how the trial unfolds, the object of the verdict, the majorities required and the keys to defending before lay citizens.
Article 251 Spanish Criminal Code: Improper Fraud (2026)
What improper fraud under Article 251 of the Spanish Criminal Code is: disposing of another's property, double sales, concealed charges and simulated contracts, punished with 1 to 4 years in prison.
Article 395 Criminal Code: Forgery of a Private Document (2026)
What Article 395 of the Spanish Criminal Code punishes: forging a private document to harm another. Penalties of 6 months to 2 years and why lying in one is not always a crime.
Constitutional Appeal (Recurso de Amparo) in Criminal Cases: When and How
The amparo protects the fundamental rights of Art. 24 of the Constitution once the judicial route is exhausted. Short deadline, subsidiary nature and special constitutional significance.
How to Request a Pardon (Indulto): What It Is, Who Can Apply and How It Works
A pardon is an act of clemency that forgives all or part of a sentence. We explain who can apply, the mandatory reports from the trial court and the prosecutor, its effects, and the real (lengthy) timeline.
What Sentence Do Assault Injuries Carry if It's My First Offence? (2026)
If it is your first time before the criminal courts, an assault charge rarely ends in prison. We explain the penalties under art. 147 of the Spanish Criminal Code, the line between an offence and a minor offence, and why the suspension under art. 80 usually avoids actual imprisonment.
Can I Leave Spain if I Am Under Investigation in a Criminal Case?
Being under investigation does not, as a rule, stop you from leaving Spain. The restriction only exists if the judge orders it: passport retention, a ban…
Community Service Orders: What Happens If You Do Not Comply (or Are Never Called)
How community service (TBC) is managed, what happens if you are never summoned, justified absences, and when a breach becomes an offence under Art. 468 CP.
“Summoned by the Investigation Section of the Court of Instance”: What the New Bodies Are
What Spain's new Courts of Instance are, how the 2025 phased rollout worked and what the change means for complainants and suspects.
Time Limits on Criminal Investigations in Spain: Article 324 LECrim Explained
How long a Spanish criminal investigation can last: the 12-month limit of Article 324 LECrim, extensions, late investigative steps and whether the case is closed.
How to Expunge a Criminal Record in Spain (Foreigners)
Clear your criminal record in Spain: expungement takes from 6 months to 10 years after the sentence is served (Art. 136 CP). Find the exact waiting time for your case, the effect on residence and nationality, and how to request cancellation.
How to Know If You Have Been Reported to the Police in Spain
Spain does not notify you automatically when a criminal complaint is filed. How you find out, what not to do, and how a lawyer can check and act.
My Child Is Under Criminal Investigation: A Guide for Parents
What happens when a 14-17-year-old faces juvenile proceedings: the Juvenile Prosecutor, the technical team, educational measures and the parents' role.
Plea Agreements in Spanish Criminal Trials: How They Work and How Much They Reduce
How the Spanish plea agreement works after LO 1/2025: preliminary hearing, joint submission, and the one-third cut that only applies in fast-track trials.
Plea Deals: Is It Worth Accepting? Complete Guide 2026
Offered a plea deal in Spain? Pros, cons and the new LO 1/2025 safeguards, so you can decide with sound criteria when to accept and when to refuse.
Military Criminal Law: Offences, Jurisdiction and Defence
The Military Criminal Code (Organic Law 14/2015) defines offences specific to the Armed Forces, tried by a specialized jurisdiction. Defence keys.
Sports Criminal Law: Match-Fixing, Doping and Violence
Professional sport has its own criminal boundary: match-fixing, doping and violence in stadiums. Offences, penalties and defence.
Asset Confiscation in Drug Trafficking Cases in Spain (2026)
The confiscation of assets and proceeds in drug trafficking offences in Spain: extended confiscation, confiscation of third-party assets and how the lawful…
Autonomous AI Agents: Who Is Criminally Liable? (2026)
When an autonomous AI agent causes harm or carries out criminal acts, who is liable? The principle of culpability and the attribution of liability to…
CEO Fraud: the Urgent-Transfer Scam in Spain (2026)
CEO fraud or business email compromise: what it is, how it is classified as fraud under Spanish criminal law, which other offences concur and how the…
The Chain of Custody of Evidence in Spain: How It Is Challenged (2026)
What the chain of custody is, why it guarantees the reliability of evidence, the effects of breaking it and how it is challenged in drug, DNA or weapons cases.
Civil Liability Arising From a Crime in Spain: How to Claim (2026)
Civil liability arising from a crime in Spain: what it covers (restitution, repair and compensation), who is liable and why it is claimed within the…
Compensation for Victims of Violent Crime in Spain (2026)
How victims of violent crime are compensated in Spain: civil liability in the judgment, public aid where the convicted person is insolvent and the guideline…
Confrontation as Evidence in Spanish Criminal Procedure (2026)
Confrontation in criminal proceedings in Spain: what it is, its exceptional and subsidiary nature, when it does not apply and its evidential value.
The Anti-Abuse Electronic Tag: How It Works and Breaches (2026)
How the anti-abuse electronic tag or telematic monitoring device works in Spain, what happens if it is breached or tampered with and how a breach due to a…
First-Grade Prison Classification in Spain: How to Appeal (2026)
First-grade prison classification or closed regime in Spain: when it applies, its exceptional nature, the periodic reviews and how to appeal it before the…
Parole in Spain: Requirements and Modalities (2026 Guide)
Parole as a modality of suspending the rest of the sentence in Spain: ordinary requirements (3/4 of the sentence), advanced and qualified modalities and…
Preliminary Objections at a Criminal Trial in Spain (2026)
Preliminary objections at the start of a criminal trial in Spain: what the parties can raise, why they are a key moment for the defence and how they are…
Prison Benefits and Sentence Reduction in Spain: 2026 Guide
What prison benefits are, why the old sentence-reduction-through-work system no longer applies to current sentences and which mechanisms can shorten…
Prison Leave Permits in Spain: Types, Requirements and Applications (2026)
Ordinary and extraordinary prison leave permits in Spain: requirements, days available per year, how they are processed and what to do if they are refused.
Prison Visits and Communications in Spain: Inmate Rights (2026)
An inmate's communications in prison: oral, written and telephone communications, intimate, family and cohabitation visits, and the reinforced protection of…
Private Corruption in Business in Spain (Art. 286 bis CP) (2026)
The offence of corruption in business or private corruption under Art. 286 bis of the Spanish Criminal Code: which conduct it punishes, the penalties and…
Private Prosecution in Spain: How to Join Criminal Proceedings (2026)
How to join criminal proceedings as a private prosecutor in Spain: what it is, what it allows you to do, the deadline to join and why you should not leave…
The Protected Witness in Criminal Proceedings in Spain (2026)
What a protected witness is, the protection measures the law allows, the tension with the right of defence and how the testimony is countered.
Real Estate Harassment of Tenants in Spain: When It Is a Crime (2026)
Real estate harassment in Spain: the conduct aimed at forcing a tenant or owner out of their home, its classification as aggravated coercion and how to act.
The Offence of Reckless Driving in Spain (Art. 380 CP) (2026)
The offence of reckless driving under Art. 380 of the Spanish Criminal Code: what manifest recklessness is, when it is presumed, the penalties and the…
Recovering Driving Licence Points in Spain: 2026 Guide
How driving licence points are recovered in Spain: through the passage of time or courses, what happens when all points are lost and where the line with the…
SIM Swapping: the SIM Card Duplicate Fraud in Spain (2026)
SIM swapping: how fraudsters obtain a duplicate of your SIM card to empty bank accounts, which offences it involves and the possible liability of the…
Swatting: the False Alarm That Mobilises the Police (2026)
Swatting: provoking a police response with a false emergency. How it is classified under Spanish criminal law as false crime reporting and false accusation…
Third-Grade Prison Classification in Spain: How to Apply (2026)
Third-grade prison classification or semi-liberty regime in Spain: what it is, the requirements, who decides it and how to appeal a refusal before the…
Undue Delay: the Mitigating Factor for a Slow Process in Spain (2026)
The mitigating factor of undue delay under Article 21.6 of the Criminal Code: requirements, the difference between the simple and the highly qualified…
Unlawful Evidence: the Fruit of the Poisonous Tree in Spain (2026)
Unlawful evidence and the fruit of the poisonous tree doctrine in Spain: what Article 11.1 of the Judiciary Act says, which evidence is tainted and the…
Victim Rights in Criminal Proceedings in Spain (2026)
The Spanish Crime Victim Statute: the rights to information, protection and participation, the Victim Assistance Offices and the right to appeal a dismissal.
Article 147 Spanish Criminal Code: The Offence of Bodily Harm (2026)
Article 147 of the Spanish Criminal Code: what the offence of bodily harm is, the line between first aid and medical treatment, the aggravated types.
Article 169 Spanish Criminal Code: The Offence of Threats (2026)
Article 169 of the Spanish Criminal Code: what the offence of threats is, the difference between conditional and unconditional threats, the requirements of…
Article 172 Spanish Criminal Code: The Offence of Coercion (2026)
Article 172 of the Spanish Criminal Code: what the offence of coercion is, the requirement of violence, the difference from threats, real-estate harassment…
Article 197 Spanish Criminal Code: Disclosure of Secrets (2026)
Article 197 of the Spanish Criminal Code: the offence of discovery and disclosure of secrets, access to another's messages and data, the sharing of intimate…
Article 248 Spanish Criminal Code: The Offence of Fraud (2026)
Article 248 of the Spanish Criminal Code: what fraud is, the requirement of sufficient deceit, computer fraud (249.1.a)) and the penalties (minor offence…
Article 250 Spanish Criminal Code: Aggravated Fraud (2026)
Article 250 of the Spanish Criminal Code: the grounds for aggravated fraud (housing, special gravity, value above 50,000 euros, abuse of personal…
Article 253 Spanish Criminal Code: Misappropriation (2026)
Article 253 of the Spanish Criminal Code: what misappropriation is, the title that creates a duty to return, how it differs from theft and fraud, and the…
Article 301 Spanish Criminal Code: Money Laundering (2026)
Article 301 of the Spanish Criminal Code: what money laundering is, self-laundering, laundering by gross negligence and the penalties, from 6 months to 6…
Article 390 Spanish Criminal Code: Document Forgery (2026)
Article 390 of the Spanish Criminal Code: the forms of document forgery, the difference between forgery by a public official and by a private individual.
Article 419 Spanish Criminal Code: The Offence of Bribery (2026)
Article 419 of the Spanish Criminal Code: what bribery is, the difference between improper and proper bribery, active bribery by a private individual and…
Articles 237 and 242 Spanish Criminal Code: Robbery (2026)
Articles 237 and 242 of the Spanish Criminal Code: what robbery is, the difference between force on things and violence or intimidation, robbery in an…
Interpol Red Notice: What It Is and What to Do
An Interpol red notice can trigger arrest in any country. We explain what it is, what happens in Spain and how to request its removal before the CCF.
Criminal Cassation Appeal in Spain 2026: Viable Grounds and Strategy
The criminal cassation appeal is the last great opportunity to overturn a conviction. We analyse the viable grounds.
Digital Evidence in Spain 2026: Supreme Court Case Law
A complete update of Supreme Court doctrine on digital evidence: WhatsApp, EncroChat, Sky ECC, ANOM, geolocation, forensic extractions and cross-border…
LECrim Precautionary Measures Reform 2026: Art. 544 bis and What's New
Organic Law 1/2026 expands the catalogue of precautionary measures under Art. 544 bis LECrim: a ban on social media use, electronic monitoring with GPS…
Statute of Limitations for Offences in Spain 2026: Complete Table
A complete guide to the limitation periods of the Spanish Criminal Code: a detailed table by offence type, calculation, interruption, limitation of the…
Appealing a Restraining Order in Spain: Deadlines and Arguments (2026)
Appealing a restraining order in Spain: deadlines (3 days for the reversal appeal, 5 for the appeal), routes and arguments that work.
Breaching a Restraining Order: What Counts as a Breach
Breaching a restraining order is the offence of order breach (Art. 468 CP): 6 months to 1 year in prison.
Extension of a Restraining Order in Spain: When and How
When a restraining order is extended in Spain, maximum terms (up to 10 years in gender violence cases), procedure and the VioGén report. Opposition strategy.
Breach of a Restraining Order (Art. 468 CP): Penalties and Defence
Accused of breaching a restraining order? The victim's consent does NOT exempt. We analyse the penalties of Art.
Arrested in Spain: A Complete Guide for Foreign Nationals (2026)
What happens when you're arrested in Spain as a foreigner? Your rights, the detention timeline, and critical mistakes to avoid.
I've Been Arrested: What to Do? A Criminal Lawyer's Guide
Have you just been arrested? An urgent guide: your rights, what to say and what NOT to say, how long detention lasts, when the lawyer arrives and what…
Criminal Records: How to Clear Them and How Long It Takes (2026)
How to clear your criminal record in Spain: automatic cancellation deadlines, early request procedure, and common mistakes to avoid.
Court Summons as a Suspect: What to Do Step by Step (2026)
Received a court summons as a suspect? Step-by-step guide on what to do, how to prepare, and when to hire a lawyer.
Detainee Rights at the Police Station: What You Must NEVER Do (2026)
Is your relative detained at a police station in Madrid? Learn their rights, the legal deadlines, what mistakes to avoid and why they should never give a…
Restraining Order: the Consequences of Breaching It
What happens if you breach a restraining order? Prison penalties, the toughening of measures and procedural consequences. Everything you need to know.
Complaint vs. Private Prosecution in Spain: Which Is Better?
Learn the fundamental differences between filing a report (denuncia) and bringing a private prosecution (querella), and discover the best strategy to start…
Mitigating Circumstances in Spain: Strategies to Reduce a Sentence
An analysis of the main mitigating factors of Article 21 of the Criminal Code: repair of the harm, confession, undue delay and mental anomalies.
What Happens After an Arrest in Spain: From the Police Station to Court
A practical guide to the rights of the detained person, the legal time limits at the police station (the 72 hours) and being brought before the court.
European Arrest Warrant in Spain: Fighting Extradition
Detained in Spain under a European Arrest Warrant? The procedure is fast but not automatic.
False Domestic Violence Accusations: Defence Strategy
Being wrongly accused of domestic violence or gender-based violence in Spain has devastating consequences.
Criminal Records in Spain: How to Check & Clear Them (Guide 2026)
Do you have a criminal record? We explain how to check it for free, when it is automatically cleared, how to request early cancellation, and what to do if…
Statute of Limitations for Crimes in Spain (Deadlines 2026)
We explain the statute of limitations for crimes in Spain: when robbery, fraud, tax evasion, or assault charges expire. Practical cases and exceptions.
Crime vs. Misdemeanor in Spain: Classification Guide 2026
We explain the difference between crimes and minor offences in Spain after the 2015 reform. Updated 2026 classification with practical examples.
What to Do If You Are Accused of a Crime You Did Not Commit (2026 Guide)
Facing a false accusation? Discover the fatal mistakes to avoid, your fundamental rights and how to prove your innocence with solid evidence.
How Long Does a Criminal Trial Take in Spain? Timelines (2026)
Real 2026 timelines: how long the investigation, oral trial and sentence take in Spain. Estimates by offence type and how to speed up your case.
How to Testify in a Criminal Trial: Expert Tips
Practical tips on how to testify in a criminal trial: what to say, what to avoid, how to handle the prosecutor, and common mistakes that can cost you the case.
Mitigating and Aggravating Factors: What Raises and Lowers the Penalty? 2026 Guide
The difference between going to prison or not often depends on the modifying circumstances.
Presumption of Innocence & In Dubio Pro Reo in Spanish Law
We explain the presumption of innocence and the in dubio pro reo principle: what they really mean, when they apply, and how to invoke them in your defence.
What to Do If the Police Arrest You: A Legal Survival Guide
If the police arrest you, your first words can convict you. This guide explains your rights at the police station, Habeas Corpus and why you should NEVER…
The Criminal Appeal: How to Appeal an Unjust Judgment
Not satisfied with the judgment? You have the right to a second opinion. We explain the deadlines and grounds for appealing to the Provincial Court.
What Is Self-Defence in Spain? Requirements and Limits
Can I defend myself if someone breaks into my home? What is proportionality? We analyse when defending yourself stops being an offence and becomes a right.
Breach of Sentence (Art. 468 CP): Legal Guide and Defence
We analyse the offence of breach of sentence: breaching restraining orders, chance encounters and the criminal consequences. Everything you need to know.
DUI Speedy Trials: The Margin of Error as a Key to Acquittal
Do not blow without a lawyer. We explain how challenging the breathalyser calibration can save your license.
Provisional Prison: New Supreme Court Criteria for 2026
We analyse the recent Prosecutor's Office circular and SC jurisprudence further restricting preventive detention, prioritizing telematic control.
Criminal Liability of AI: Can an Algorithm Go to Jail?
When an autonomous AI causes harm (a self-driving car hits someone), who is criminally responsible?
The Insanity Defence: Forensic Psychiatry in High-Profile Trials
When the mind is the key to the crime. Differences between psychopathy and psychosis, 'insuperable fear', and how a complete exemption is built before a…
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