Criminal Defense Lawyer in Spain — English-Speaking Attorneys

The Spanish criminal justice system is governed by the Spanish Criminal Code (Organic Law 10/1995 and subsequent reforms, including Organic Law 1/2015, Organic Law 10/2022 on sexual freedom and Organic Law 14/2022 reforming embezzlement of public funds (malversación)), the Criminal Procedure Act (LECrim, 1882, with multiple reforms) and the Spanish Constitution (especially Arts. 17, 24 and 25 SC). Unlike common law systems, Spain operates an inquisitorial framework where an Investigating Judge (Juez de Instrucción) leads the evidentiary phase, with the public prosecutor (Ministerio Fiscal), the private prosecution (acusación particular) and the defense participating throughout. Supreme Court doctrine governs the technical interpretation of every typical offense, the chain of custody of evidence and the procedural guarantees demanded by Art. 24 SC.

The main stages of Spanish criminal proceedings are: (i) investigation phase (instrucción), led by the Investigating Judge, where evidence is gathered, statements are taken, searches are authorized and precautionary measures may be ordered; (ii) intermediate phase, where the prosecution drafts charges (escrito de acusación) and the defense responds (escrito de defensa); (iii) trial (juicio oral), held before the Criminal Judge, the Provincial Court or, exceptionally, a Jury; (iv) appeals before the Provincial Court, the Supreme Court (cassation) and, where applicable, the Constitutional Court (amparo) and the European Court of Human Rights. Particularly relevant for foreign clients are the 72-hour police detention (Art. 17 SC), the right to a lawyer from the moment of detention (Art. 520 LECrim), the right to interpretation and translation (Directive 2010/64/EU) and the right to remain silent and to be informed of the charges (Directives 2012/13/EU and 2016/343/EU).

The catalogue of penalties in Spanish criminal law is broad. Prison sentences range from short-term imprisonment (less than 5 years, susceptible of suspension under Art. 80 CP) to extended terms up to 20 years (Art. 76 CP) and, in the most serious cases, reviewable life imprisonment (prisión permanente revisable, Art. 92 CP) for aggravated homicide, terrorism with multiple victims or genocide. Additional penalties include fines (multa, in day-fines or proportional), community service, restraining orders, disqualification from professions or rights, expulsion of foreigners (Art. 89 CP) for sentences exceeding one year, and asset forfeiture (Arts. 127 ff. CP). The corporate entity may also be punished autonomously under Art. 31 bis CP, with fines, dissolution or suspension of activities. Pre-trial detention (prisión provisional) can be ordered for up to two years (extendable to four) when flight risk, evidence tampering or reoffending risks concur (Arts. 502-519 LECrim).

The technical defense strategy articulates around four foundational axes. First, the protection of constitutional rights: any evidence obtained in violation of fundamental rights (illegal searches, unauthorized wiretaps, statements without counsel) must be expelled from the record (Art. 11 LOPJ); we file motions challenging the legality of arrests, searches, electronic intercepts and chain of custody. Second, the impugnation of intent: most criminal types require specific intent (dolo), and the defense must dismantle the prosecution's narrative by exposing reasonable doubt, alternative hypotheses and exonerating evidence. Third, negotiated outcomes: Spanish law allows conformidad (Arts. 655 and 785 LECrim) —a guilty plea before trial in exchange for reduced sentence— and qualified mitigating factors (Art. 21 CP) such as confession, damage reparation and undue procedural delay (Art. 21.6 CP), which significantly reduce penalties. Fourth, in cases of international clients, alignment of criminal defense with immigration consequences (residency, visa), home-country proceedings and consular coordination is essential.

In current forensic practice, the Spanish criminal landscape has evolved substantially. The Organic Law 1/2025 on Justice Service Efficiency, Act 10/2022 on Procedural Efficiency, Organic Law 10/2022 on Sexual Freedom, Act 2/2023 on whistleblower protection, and the implementation of the European Public Prosecutor's Office for EU financial-interest cases have reshaped procedural dynamics. The Audiencia Nacional handles terrorism, drug trafficking with international links, organized crime and corruption affecting the State; the Supreme Court reviews cassation appeals and adjudicates cases involving Members of Parliament, Government Ministers and other privileged-jurisdiction defendants. At Alonso Sala, with more than 15 years of experience and offices in Madrid (Velázquez 27), we represent both Spanish and international clients across all Spanish courts, combining technical mastery of Spanish criminal procedure with fluent English-language client management, coordination with foreign counsel, embassies and consulates, and a fully bilingual case-file workflow.

For a non-resident, the hardest part is rarely the accusation itself — it is grasping a procedure that works differently from the common-law model and unfolds in a language they may not speak. A criminal case in Spain moves through four clearly separated stages, and the decisions that most affect the outcome are usually taken in the first two, long before any hearing. Understanding what each stage demands is the difference between reacting late and building a defence from the outset.

1. Arrest and police custody. If you are detained, the police may hold you for up to 72 hours (Art. 17.2 of the Spanish Constitution) before releasing you or bringing you before a judge; only in terrorism or armed-group cases can this reach five days (Art. 520 bis LECrim). From the very first moment, Art. 520 LECrim guarantees a specific set of rights to every detainee, whatever their nationality. The single most important one is the right to remain silent: an ill-advised first statement, made before counsel arrives or without a proper interpreter, can shape the entire case.

2. Investigation (instrucción). Unlike the police-led model of common-law countries, an Investigating Judge (Juez de Instrucción) directs the evidentiary phase: ordering searches and wiretaps, taking statements, gathering expert reports and deciding on precautionary measures such as bail, passport surrender or pre-trial detention. This phase is subject to statutory time limits under Art. 324 LECrim. For a foreign national, the goals here are to secure release under the least restrictive conditions, to challenge any evidence obtained in breach of fundamental rights, and to prevent an unnecessary escalation of the charges.

3. Trial (juicio oral). Once the investigation closes and charges are formalised, the case is heard before the Criminal Judge, the Provincial Court or, for certain serious offences, a jury of nine citizens. This is where the evidence is tested through cross-examination and where the presumption of innocence (Art. 24 SC) is either upheld or overturned. Straightforward matters — many drink-driving charges and minor offences — are instead resolved through fast-track proceedings (juicios rápidos), which can bring the hearing within days of the arrest and leave a very short window to prepare. That speed is precisely why a plea entered at the duty court, before anyone has examined the file, is so often the decision that fixes the outcome.

4. Appeals. A conviction is not the end of the road. Judgments can be appealed to the Provincial Court, reviewed in cassation by the Supreme Court, and — where a fundamental right has been infringed — challenged before the Constitutional Court (amparo) and, ultimately, the European Court of Human Rights. Each avenue has strict deadlines, so the decision to appeal must be taken quickly and on solid technical grounds.

One of the first questions a foreign client asks is simply "which court decides my case?". Spanish criminal jurisdiction is layered, and the court that hears a matter depends on the offence charged and its stage. Knowing where a case sits — and where it is heading — is the starting point of any coherent strategy. We appear before every level of the Spanish criminal courts, both in Madrid and across the country.