Blog category
Criminal Procedure
117 articles on criminal procedure: penalties, case law and defence strategy. See the practice area →
The Abbreviated Criminal Procedure in Spain (Arts. 757-793 LECrim)
The route through which most criminal cases in Spain are processed. Scope, preliminary proceedings, intermediate stage, preliminary hearing, trial and appeals, with the differences from ordinary committal proceedings and from fast-track trials.
Article 118 LECrim: the Right of Defence of a Suspect in Spain
Article 118 LECrim sets out when the right of defence begins and what it contains: information about the facts, access to the case file before making a statement, a lawyer of free choice, a private interview, silence and the privilege against self-incrimination. We go through the wording and the practical traps of each letter.
Article 509 LECrim: Incommunicado Detention and Custody in Spain
Being held incommunicado is the most restrictive measure that can be ordered against a detained or imprisoned person. Article 509 LECrim subjects it to two closed grounds, a reasoned court order and a five-day limit. We explain which rights may be removed through Article 527 LECrim, which may not, and what guarantees survive.
Article 66 of the Spanish Criminal Code: rules for setting the sentence
The penalty range attached to an offence is only the starting point. Article 66 CP holds the eight rules that force the court to move within that range in a specific way depending on the mitigating and aggravating circumstances, and it is what turns "six months to three years" into an actual sentence.
Article 757 LECrim: the scope of the abbreviated procedure in Spain
Article 757 of the Spanish Criminal Procedure Act decides which track a criminal case follows: up to nine years of custodial penalty, the abbreviated procedure; above that, the ordinary procedure. Steps, deadlines, the moment for a plea agreement and, in part, the trial court all depend on that boundary.
Article 779 LECrim: the Order Transforming a Case Into Abbreviated Proceedings
Article 779 LECrim contains the five possible ways out of preliminary proceedings. The fourth is the transformation order, the ruling that closes the investigation, fixes the punishable acts and identifies who they are imputed to. We explain each of the five decisions, their requirements and what happens next.
Article 962 LECrim: the Immediate Trial for a Minor Offence
The police summon the parties and the trial is held the same day at the on-duty court. Article 962 LECrim governs that mechanism for five groups of minor offences, with one decisive detail: the trial may go ahead even if the person summoned does not appear. We explain the list, the summonses and the way out offered by Article 963 LECrim.
Citizen's Arrest in Spain: Articles 490 and 495 LECrim
A security guard, a shop manager or any citizen may make an arrest in the seven cases listed in Article 490 LECrim. Article 495 LECrim sets the limit that is broken most often: there is no arrest for minor offences save in one exception. Outside those cases, holding someone may itself be an offence.
Free and Provisional Dismissal: Articles 637 and 641 LECrim
The closure of a criminal case does not always mean the same thing. Article 637 LECrim governs free dismissal, which ends the proceedings definitively, and Article 641 LECrim the provisional one, which suspends them pending new material. We compare the two article by article, with their grounds, their effects and the appeals available.
Building without a licence (art. 319 CP): when it stops being a fine and becomes a criminal offence
Art. 319 CP does not punish building without a licence: it punishes building what could never have been authorised on certain classes of land. The sentence, who answers for it and whether the court orders demolition all follow from that distinction.
Cassation Interest in Spanish Criminal Appeals (Art. 847.1.b) LECrim)
The route opened by Act 41/2015 to bring a cassation appeal against appeal judgments of the Provincial Courts. When it lies, how it is prepared, what must be shown and why refusal for lack of cassation interest is made by simple ruling.
Concurrence of Offences in Spain (Arts. 73 to 77 CP): How Sentences Add Up and Where They Stop
Four counts in an indictment do not simply mean four sentences added together. The Spanish Criminal Code distinguishes conflict of laws, real concurrence, ideal concurrence and medial concurrence, and each rule produces a different final figure from the same facts. The rules of Arts. 8, 73, 76 and 77 CP, with worked examples.
Disqualification Penalties (Arts. 39 to 47 CP): Content, Duration and Real Effects
Absolute disqualification permanently removes the office already held; the special disqualification of Art. 45 CP only suspends the exercise of a profession while it lasts. And a driving ban of two years and one day is not recovered on completion: the licence must be obtained again. The differences are in the text of Arts. 39 to 47 CP.
Identification Parades and Photo Identification in Spain: Safeguards and Evidential Value
Identifying the perpetrator is one of the most fragile points in a criminal case. How the parade under Arts. 368 to 370 LECrim must be carried out, the lawyer role, why photo identification is not a parade, and the errors that allow its weight to be challenged.
Indirect Perpetration (Art. 28 CP): Liability for an Act Carried Out by Another
Art. 28 CP treats as a principal anyone who carries out an act through another person used as an instrument. Someone who was never at the scene may be liable as a principal, and the person who acted may not be liable at all. Where the line runs against inducement, necessary cooperation and complicity.
Limitation of the Penalty (Arts. 133-134 CP): When a Final Sentence Can No Longer Be Enforced
A final sentence has an expiry date. Arts. 133 and 134 CP set periods of between one and thirty years depending on the penalty imposed, and the clock starts with finality or with breach. The difference from limitation of the offence is not a nuance: it changes what is measured, from when, and what stops the count.
Confession as a Mitigating Circumstance (Art. 21.4 CP): Requirements, Timing and Effect on the Sentence
Confessing does not reduce a sentence simply because the facts are admitted: Art. 21.4 CP requires the confession to be made before the person learns that judicial proceedings are directed against them. Outside that window there is the analogous route of Art. 21.7 CP, with different effects and a boundary that should not be confused with a plea agreement.
Fit of Passion or Obfuscation (Art. 21.3 CP): Requirements and Limits
Art. 21.3 CP mitigates the liability of a person who acts on account of causes or stimuli so powerful that they produce a fit of passion, obfuscation or another emotional state of similar intensity. It is a narrow provision: it demands an external and legitimate stimulus, a genuine impairment of self-control, and a temporal link that most cases fail to satisfy.
Reparation of the Harm (Art. 21.5 CP): Requirements, Timing and Effects
Reparation of the harm is the most accessible mitigating circumstance in the Spanish Criminal Code and also the worst managed. Art. 21.5 CP requires neither remorse nor payment in full: it requires an objective act of repair or of reducing the effects, carried out before the trial hearing, and how much it is worth depends on how it is documented.
Nullity of Proceedings in a Criminal Case: Grounds, Routes and Time Limits
Nullity of proceedings is not a wildcard for reopening whatever went badly. It is a strictly defined remedy that requires a ground listed in Art. 238 LOPJ, actual prejudice to the defence and the right procedural route, and which in its exceptional form under Art. 241 LOPJ carries a twenty-day limit and costs against whoever loses.
Ordinary Committal Proceedings in Spain (Arts. 299-648 LECrim)
The route reserved for the most serious offences. What the committal file is, when the committal order of Art. 384 LECrim is issued, how the closing of the investigation is reviewed and what happens at trial before the Provincial Court.
Permanent Location (Art. 37 CP): What It Is, How Long It Lasts and Where It Is Served
Permanent location is not informal house arrest: Art. 35 CP classifies it as a custodial penalty and breaching it leads to Art. 468 CP. Art. 37 CP decides duration, place, non-continuous service and electronic monitoring, while Arts. 53.1 and 71.2 CP open two further routes into it.
Phone and Electronic Interception in Spain: Requirements, Time Limits and Nullity
Where a case rests on recorded conversations, the first thing the defence reviews is not what was said but how it came to be heard. The general regime of Arts. 588 bis a to 588 bis k and 588 ter a to 588 ter m LECrim: principles, judicial order, time limits, extensions, incidental findings and nullity.
Police Records vs Criminal Records in Spain: What They Are, Who Holds Them and How to Clear Them
A detention that ended without charges leaves no criminal record, but it can leave a police trail. They are two separate registers under two separate rules: Art. 136 CP and Royal Decree 95/2009 for criminal records, and Organic Law 7/2021 for police data. Each is cleared at a different counter and on its own timetable.
The Police Report in Spain (Arts. 292 to 297 LECrim): Its Value and How to Challenge It
Almost every criminal case in Spain starts with a police report, and almost nobody knows what weight it carries. What it must contain under Art. 292 LECrim, why Art. 297 treats it as a complaint rather than evidence, which of its parts can reach the trial, and how it is challenged.
Pre-Trial Release and Bail: Awaiting Trial Outside Prison in Spain
Between remand in custody and unconditional freedom there is a middle ground that shapes daily life for anyone under investigation: pre-trial release. The Spanish Criminal Procedure Act builds it out of two elements, the duty to report to the court and bail, and subjects both to a rule worth knowing: they can be reviewed throughout the case.
Preliminary Questions in Spanish Criminal Proceedings (Arts. 3-7 LECrim, Art. 10 LOPJ)
When a criminal court decides a civil or administrative question itself and when it must wait for another jurisdiction to decide it. Devolutive and non-devolutive questions, suspension of civil proceedings and the practical effects on the defence.
Secrecy of the Investigation (Art. 302 LECrim): Preconditions, Time Limit and Lifting
A case being declared secret does not mean the defence is powerless, or that secrecy can last as long as the investigating judge decides. Art. 302 LECrim ties the measure to two strictly defined purposes, to a one-month limit per decision, and to compulsory lifting ten days before the investigation closes.
Security Measures (Arts. 95 to 108 CP): Preconditions, Types and Enforcement
An acquittal based on a full defence does not always end with the person walking free. The Spanish Criminal Code reserves security measures for those cases: they rest on criminal dangerousness rather than culpability, and they have their own limits on duration, their own review regime and a system for serving them alongside a sentence.
Victim Compensation and Civil Liability Arising from Crime in Spain: Who Pays and How Much
Restitution, reparation and compensation are three distinct concepts with their own rules. Who answers and in what order, when the company, the insurer or a public authority is drawn in, how the amount is fixed, and what happens at enforcement when there are no assets.
The Victim's Testimony as the Only Evidence for the Prosecution: How It Is Assessed
Many offences are committed with no witnesses and no physical trace. In those cases the statement of the person who reports the offence can be sufficient evidence for a conviction, but not automatically: the assessment is subject to three tests, namely subjective grounds for disbelief, plausibility and consistency, and to the requirement of peripheral corroboration.
Extradition Between Spain and Argentina: The 1987 Treaty and the Procedure
The 1987 Treaty combines extradition and mutual legal assistance in a single instrument. It sets the surrender threshold, the grounds for refusal and its own deadlines, which coexist with those of the 1985 Passive Extradition Act.
Extradition Between Spain and Brazil: The 1988 Treaty and the Procedure
The Treaty done in Brasilia in 1988 sets a threshold above one year, excludes political and military offences, and contains its own provisional arrest and handover deadlines that overlay those of the 1985 Passive Extradition Act.
Extradition Between Spain and Colombia: The 1892 Convention and the 1999 Protocol
The instrument binding the two countries is the extradition convention signed in Bogotá in 1892, deeply reshaped by the 1999 Protocol. Its current reading decides which offences trigger surrender and which grounds allow opposition before the National Court.
Extradition from Spain to the Dominican Republic: Treaty, Refusal and Procedure
The 1981 treaty requires a maximum penalty of more than two years and contains an unusual clause: without assurances on the penalty, the requested State tries the facts as if they had occurred on its own territory.
Extradition from Spain to Mexico: The 1978 Treaty and Its Two Protocols
The 1978 treaty is still in force, but reading it without its two protocols is misleading: they change the penalty threshold, the political-offence clause, the documents required and add a simplified surrender by consent.
Extradition Between Spain and Morocco: The 2009 Convention and the Procedure
Morocco is neither an EU member state nor a party to the 1957 European Convention on Extradition. Surrender runs under the bilateral Convention signed in Rabat on 24 June 2009 and is decided by the National Court under the 1985 Passive Extradition Act.
Extradition from Spain to Peru: The 1989 Treaty and Its 2009 Amendment
The bilateral treaty sets an unusually low threshold — one year of maximum penalty — and its provisional custody period moved from sixty to eighty days with the amendment in force since 2011.
Extradition from Spain to Venezuela: Treaty, Grounds for Refusal and Procedure
Surrender to Venezuela runs under the bilateral Extradition Treaty signed in Caracas in 1989 and, for everything the treaty leaves open, under the Spanish Passive Extradition Act of 1985. Threshold, refusal grounds and procedure.
Clearing a Criminal Record as a Foreign National in Spain
How a foreign national convicted in Spain clears their criminal record: the time limits under Art. 136 CP, the effects on residence and nationality, and the certificate needed for visas.
What Your Lawyer Does in the First 72 Hours of Detention
The lawyer's work hour by hour after an arrest: private consultation and assistance at the police station (art. 520 LECrim), the decision on whether to make a statement, habeas corpus, and the hearing under art. 505 LECrim.
The Police Have Called Me In for a Statement: Do I Have to Go?
The police have summoned you to give a statement: in what capacity (person under investigation or witness), whether you are obliged to attend, your rights (art. 520 LECrim), and what happens if you do not go.
Professional Disloyalty by a Lawyer or Court Agent: the Offence under Art. 467 CP
Art. 467 CP punishes a lawyer or court agent who represents the opposing party without consent, or who manifestly harms their client's interests. We analyse both forms, the penalties and the lines of defence.
Continuing Offence (Art. 74 CP): When Several Acts Are Punished as One
Twelve transfers, fifteen card charges or a series of repeated withdrawals are not always twelve, fifteen or twenty separate offences. Art. 74 CP groups them into a single offence when they follow a preconceived plan or take advantage of the same opportunity, with an effect on the sentence that sometimes helps and sometimes makes it worse.
Legal Costs in Criminal Proceedings: Who Pays When the Case Ends
Every ruling that brings a criminal case to an end must rule on legal costs. What they cover, why they are never imposed on a defendant who is acquitted, when the accuser has to pay them, and what happens to the private prosecution's fees.
Mistake of Fact and Mistake of Law: When Art. 14 CP Excludes or Reduces the Sentence
Not knowing what you were doing is not the same as not knowing it was prohibited. Art. 14 CP distinguishes the two situations and gives them very different consequences: one can exclude liability, the other can reduce the sentence by one or two degrees, and often neither happens at all.
Necessity and Insurmountable Fear: The Exemptions under Art. 20.5 and 20.6 CP
Committing an offence to avoid a greater harm, or doing so under a fear that removes the capacity to decide, are two situations the Criminal Code expressly addresses. Requirements, limits, and why most of these cases are resolved as a partial exemption rather than an acquittal.
The Criminal Trial in Spain: How It Unfolds and How the Defence Is Prepared (2026)
How a criminal trial works in Spain step by step and how the defence is prepared: defence brief, preliminary hearing, plea agreement, evidence and appeal.
How to Choose a Criminal Defence Lawyer in Spain
Objective criteria for choosing a criminal defence lawyer in Spain: real specialisation, experience in your procedural stage, verifiable bar registration, who runs the case, and what to check as a foreign national.
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 lawyer of your own choosing, 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 the cost of a criminal defence is calculated in Spain: the factors involved, the retainer, the engagement letter, the bar associations' criteria and legal aid.
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.
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.
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.
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.
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…
“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.
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…
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…
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.
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.
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.
LECrim Precautionary Measures Reform 2026: Art. 544 bis and What's New
Organic Law 1/2026 amends Art. 544 bis LECrim: it adds preventing re-offending as an express purpose and toughens the response to breaches through the Art. 505 hearing and…
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…
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.
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 a criminal record in Spain: Article 136 CP time limits, the application step by step, and what changes for foreign nationals and visas.
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)
How to obtain your criminal record certificate in Spain: who can apply, what the Ministry of Justice requires, and when records are cancelled.
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.
Provisional Prison: New Supreme Court Criteria for 2026
When provisional prison is justified and when it is not: grounds, individualised reasoning on procedural risk, telematic control as an alternative and how to appeal the order.
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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