Consular Assistance and Embassies for Detained Foreigners
Criminal assistance coordinated with consulates and embassies for foreigners detained in Spain. Nationality-specific multilingual protocols.
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Right to Consular Notification
The Vienna Convention on Consular Relations (Art. 36) establishes the obligation to notify the consulate of origin country of any detention of a foreigner, without delay and with their consent. Omission may generate diligence nullity and, in any case, infringes fundamental rights with relevant procedural consequences.
Services for Detained Foreigners
We activate the multilingual assistance protocol upon notice: transfer to police or judicial premises; legal assistance in declaration; verification of consular notification; communication with family and employer in country of origin; analysis of precautionary measures and bail options.
Coordination with Embassies
We maintain operational protocols with embassies and consulates with highest Madrid caseload: United States, France, Belgium, Canada, UK, Germany, Italy, Netherlands, Russia, China and various Arab countries. Coordination includes communication with on-duty consul, situation reports, consular visit management, family intermediation and local counsel cooperation.
Special Procedures by Nationality
Each nationality has particularities: US extraditions depend on 1970 bilateral treaty and Spanish reservations; extraditions with Russia and other non-treaty countries are processed by reciprocity; EAWs with EU countries are immediate and limit grounds for refusal.
Transfer of Sentenced Persons
The 1983 Strasbourg Convention and bilateral agreements allow a foreigner sentenced in Spain to serve the remaining sentence in their country of origin. We process the procedure before the Subdirectorate General for Prison Affairs and the Ministry of Justice.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Substitutive expulsion (Art. 89 CP) | Judge may substitute custodial sentence up to 5 years with expulsion from Spanish territory. |
| Return prohibition | Expulsion entails prohibition of entry to Schengen territory for 5 to 10 years. |
| Transfer to consular center | Possibility of serving sentence in country of origin via Strasbourg Convention or bilaterals. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Multilingual protocol
Activation with transfer, legal assistance and interpreter with the greatest diligence possible.
Family and consular communication
Communication management with family, consul and employer to align strategy.
Substitutive expulsion analysis
Assessment of Art. 89 CP as strategic alternative to imprisonment, when favorable.
Transfer to country of origin
Processing of Strasbourg Convention for serving sentence in home country when appropriate.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
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