How to Know If You Have Been Reported to the Police in Spain

An argument that ended badly, a break-up accompanied by threats to "go to the police", a business deal that turned sour… and the question that keeps you awake: has someone reported me? The short answer is uncomfortable: in Spanish criminal procedure there is no automatic notification to the person reported. A criminal complaint (denuncia) may have existed against you for weeks without anyone telling you — or the complaint you were threatened with may never have been filed at all. As criminal defence lawyers, we explain which routes work and which do not, when and how the reported person finds out, which mistakes to avoid, how a lawyer can verify it and enter an appearance, and what timeframes are typical.

Why there is no automatic notification

Legally, a denuncia is merely a report of facts that appear to constitute an offence. It can be filed in writing or verbally, as Art. 265 of the Criminal Procedure Act (LECrim) allows, with the National Police, the Civil Guard, the regional police forces, the duty judge (juez de guardia; formerly the duty court, Juzgado de Guardia) or the Public Prosecutor's Office. At that moment, the person reported receives no copy and no notice whatsoever: the law simply does not provide for it. A police complaint goes into the atestado, the official police report sent to the court or the Public Prosecutor's Office (Arts. 284 and 292 LECrim).

What the law does order is something else: once the complaint is formalised, the judge or official must proceed "to verify the reported facts, unless they do not amount to an offence or the complaint is manifestly false" (Art. 269 LECrim). Verification comes first and, only if proceedings are opened, is the reported person informed: the admission of the complaint, and any procedural step from which an accusation against them results, must be communicated to them immediately (Art. 118.5 LECrim), unless the case is declared secret. Many complaints are dismissed without that person ever learning they existed; others move forward for weeks while enquiries are carried out.

Nor is there any publicly searchable register where you could "check whether you have complaints": police files are restricted-access, and the system of registers supporting the Administration of Justice is not public. Its Central Register of Convicted Persons, which holds criminal records, only records final decisions for the commission of an offence that impose penalties or security measures; before a decision becomes final, other registers in the system record non-final judgments, precautionary measures, search-and-arrest warrants (requisitorias) and orders declaring the accused in default (rebeldía), but none of them records complaints (Arts. 2.1 and 2.3 of Royal Decree 95/2009).

How to know if you have been reported: the real routes and their limits

There is no single place to look. The suspect (investigado) is the person under investigation: a status that carries defence rights and is not a charge.

None of them is complete on its own: if there are serious signs, a lawyer should check in the right judicial district, where the Court of Instance (Tribunal de Instancia) has grouped the former single-judge courts into sections since the 2025 reform.

Can you check with your ID number (DNI)?

It is a common question, both to find out whether you yourself have been reported and to find out whether someone else has. The answer is no: there is no public service that tells you, from an ID number (DNI), whether someone has been reported. Three things that are often confused should be kept apart:

• The criminal record certificate. It is requested by the person concerned (Art. 17 of Royal Decree 95/2009) and shows the final convictions entered in the Central Register of Convicted Persons; under Art. 137 of the Criminal Code (CP), security measures only appear in certificates issued to judges, courts or administrative authorities. A complaint or an ongoing investigation does not appear on it, so a clean certificate does not rule out that you have been reported.
• Police records. They are entries in the databases of the law enforcement agencies and do not establish any conviction. We explain the difference in our guide on police records versus criminal records.
• Carpeta Justicia. This is the personalised service governed by Art. 13 of Royal Decree-Law 6/2023: it requires prior identification, both of the citizen and of their authorised professional, and gives access to the judicial proceedings and steps in which you are a party or can show a legitimate and direct interest. It is not a search engine for complaints: a police complaint that has not yet reached the court is not judicial proceedings.

That is why the useful check is made at the court. The law requires court clerks and the competent staff of the court office to inform interested parties about the state of proceedings that have not been declared secret or restricted (Art. 234.1 of the Organic Law of the Judiciary, LOPJ), but it does not provide for an over-the-counter check with your ID, so nothing guarantees it will be handled that way; access to court books and registers is requested in writing, stating the interest that justifies it (Arts. 2.1 and 4.2 of Regulation 1/2005 of the General Council of the Judiciary, CGPJ). If a case exists, a lawyer can locate it and enter an appearance in your defence, as we explain below. The limit is investigative secrecy: the judge may declare the case wholly or partly secret for all the parties who have appeared, including the defence (Art. 302 LECrim), and access through Carpeta Justicia is subject to the procedural laws, with particular attention to steps declared secret (Art. 17.3 of Royal Decree-Law 6/2023). We cover this in our guide on secrecy of the investigation.

When and how the reported person finds out

In practice, the person reported usually learns of the proceedings through one of these channels:

• A court summons to testify as a suspect. The most common route: the general rule is that a person accused of a punishable act is summoned simply to be heard, not arrested (Art. 486 LECrim), and at that first appearance the judge informs you of the facts attributed to you, after the court clerk (Letrado de la Administración de Justicia) has informed you of your rights (Art. 775 LECrim). We explain how to react in our guide on the court summons as a suspect.
• A police request or summons. The police may summon you to give a statement at the station as a suspect within their report, which is frequent in less serious offences and fast-track trials. You are entitled to attend with a lawyer — and you very much should.
• Arrest. Reserved in practice for more serious offences or flight-risk cases. It may not last longer than strictly necessary and is in any event capped at 72 hours before release or being brought before a judge (Art. 520 LECrim).
• Notification of measures or investigative steps. A protection or restraining order, a search of premises or a demand to hand over devices reveal by themselves that proceedings exist.
• A registered letter from the court. A Correos (postal service) notice for a court letter may mean a summons is waiting. Collect it: ignoring it does not stop the proceedings, and the court will try other means (Arts. 166 and 172 LECrim).
• Informal channels. A formal letter (burofax) from the other party's lawyer demanding something "before turning to the criminal courts", or news through third parties: signs that do not prove a complaint exists, but are worth taking seriously.

One nuance: if the case has been declared secret (secreto de sumario), the suspect's knowledge of it may be lawfully delayed while the secrecy lasts.

What NOT to do if you suspect you have been reported

The days of uncertainty are when most mistakes are made:

• Do not contact the complainant or potential witnesses. Any call, message or intermediary can be read as pressure and worsen your position; if protection measures are in place, contact may itself constitute a separate offence of breach of a judicial order.
• Do not delete or destroy anything. Messages, emails or documents: deleting them can be held against you and, very often, that material is your best exculpatory evidence.
• Do not give a statement without a lawyer — not even at the police station "just to clear things up". Everything you say is recorded in the police report and will condition the strategy from then on.
• Do not ignore any summons. If the person summoned fails to appear without justified cause, the order to appear can be converted into an arrest warrant (Art. 487 LECrim).
• Do not explain yourself publicly or comment on the matter on social media: posts are captured and end up in the case file.

How a lawyer can find out and enter an appearance

The key instrument is Art. 118 LECrim: any person accused of a punishable act may exercise the right of defence from the moment the existence of the proceedings is communicated to them, and that right includes being informed of the facts attributed to them, examining the case file sufficiently in advance — in any event, before giving a statement — and freely appointing a lawyer.

On that basis, the criminal lawyer's work follows a logical sequence:

• Locating the proceedings. If the court or case number is known, the step is straightforward; if not, enquiries are made with the registry and case-distribution office (common service) of the Court of Instance (Tribunal de Instancia; formerly the decanato) for the judicial district where the events occurred or the complaint was filed.
• Filing an appearance (personación). Once the case is confirmed, the lawyer enters an appearance on behalf of the suspect, formally takes up the defence and requests access to the file. From that moment, the defence receives notifications and can take part in the investigation.
• Preparing the defence before the first statement. Examining the file before testifying makes all the difference: it allows an informed decision on whether to speak or remain silent, and exculpatory enquiries can be proposed from the outset.

The limits: investigative secrecy restricts access while it lasts, and if no proceedings have been opened there is simply nothing to find — which is itself valuable information.

The difference between a denuncia and a querella

Two terms that everyday language tends to confuse should be kept apart:

• Denuncia (complaint): a report of facts, in writing or verbally, identifying the complainant and giving a detailed account of the facts (Art. 265 LECrim). The complainant does not become a party: they discharge their duty by reporting, and the proceedings move on of their own accord.
• Querella (formal criminal complaint): it must be filed through a court agent (procurador) with sufficient power of attorney and signed by a lawyer (Art. 277 LECrim), setting out the facts in detail and the enquiries requested. The person filing it pursues the criminal action and becomes a prosecuting party (Art. 270 LECrim).

In practice, a querella usually signals a sustained intention to litigate and arrives better documented; but the proceedings opened are the same, and so are the defence rights of the person reported. We analyse this in depth in our article on the difference between a denuncia and a querella.

Typical timeframes: how long before you find out

There is no single calendar, but there is a typical sequence:

• From the complaint to the court. If the complaint was filed with the police, the police carry out the initial enquiries and refer the report (atestado) to the court. That can take days or weeks, depending on workload and complexity.
• From the court to the summons. Once proceedings are opened, the court orders the summonses. In minor-offence proceedings and fast-track trials the timeframes are short — sometimes the police themselves issue the summons with a set date —; in ordinary preliminary proceedings, weeks or months may pass.
• Duration of the investigation. The judicial investigation has a maximum duration of twelve months from the opening of the case, extendable in successive periods of up to six months by reasoned court order (Art. 324 LECrim).

And if months go by with no news? Three scenarios are possible: the complaint was dismissed, the proceedings are still under way without any need to summon you yet, or it was never filed at all. Offences become time-barred within periods that depend on the penalty involved, so prolonged silence does not, by itself, amount to a definitive closure. A lawyer can verify which scenario applies to you.

What to do if a complaint is confirmed

If the check confirms that proceedings exist, the priority is to organise the defence: enter an appearance, examine the file, decide the statement strategy and gather exculpatory evidence with time in hand — not on the eve of the summons. At Alonso Sala Abogados we study each matter from that first call of uncertainty, because what is done — and what is avoided — before the first statement shapes the entire proceedings. You can call us on +34 91 078 65 74 for an initial assessment of your case.