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 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, with the National Police, the Civil Guard, the regional police forces, the duty court or the public prosecutor's office (Article 265 of the Criminal Procedure Act, LECrim). At that moment, the person reported receives no copy and no notice whatsoever: the law simply does not provide for it.

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" (Article 269 LECrim). Verification comes first and, only if proceedings are opened, is the reported person summoned. 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 public register where you could "check whether you have complaints": police files are restricted-access, and a criminal record is only created by a final conviction.

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 an investigated person. The most common route: the general rule is that a person accused of a punishable act is summoned simply to be heard, not arrested (Article 486 LECrim), and at that first appearance the judge informs you of the facts and of your rights (Article 775). 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 an investigated person 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 (Article 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.
• 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 investigated person'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 (Article 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 Article 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 (decanato) of the judicial district where the complaint was likely filed. There is no single national database: the search targets the specific territory.
• Filing an appearance (personación). Once the case is confirmed, the lawyer enters an appearance on behalf of the investigated person, 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 (Article 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 (Article 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 (Article 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 (Article 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.