Frequently Asked Questions (FAQ)

The limit is €120,000 of evaded quota per tax and year (Art. 305 CP). Below that it is an administrative tax infraction; above it, a crime against the Public Treasury with prison sentences of 1 to 5 years (up to 6 in the aggravated type).

It is introducing assets derived from criminal activity into the economy to give them the appearance of legality (Art. 301 CP). Penalties range from 6 months to 6 years in prison, aggravated when the funds come from drug trafficking, corruption or organised crime.

Yes. Art. 305.4 CP provides an absolutory excuse: if you regularise your tax situation, acknowledging and paying the debt before the Administration notifies any audit, criminal liability is extinguished.

They are separate crimes with their own thresholds. Social Security fraud (Art. 307 CP) requires €50,000 defrauded, and subsidy fraud (Art. 308 CP), €100,000. Each has its own calculation and regularisation rules.

Yes. We work routinely in Corporate Criminal Law and Compliance: we defend companies under investigation and design prevention models intended to operate as a mechanism to exempt or mitigate the criminal liability of the legal entity under Art. 31 bis CP.

It is a crime-prevention system within the company. If correctly implemented, supervised and effective, it can exempt the legal entity from criminal liability (Art. 31 bis CP), even if an employee commits a crime within it.

Art. 31 bis 2 and 5 CP requires, among others: identifying risk activities, decision protocols, a financial-resources management model, a whistleblowing channel, a disciplinary system and a supervisory body (Compliance Officer) with autonomous powers.

Companies cannot be imprisoned, but they can face heavy fines, dissolution, suspension of activities, closure, disqualification from subsidies or public contracts, and judicial intervention. Their criminal liability is independent of that of their directors.

Law 2/2023 requires companies (from 50 employees) and public entities to have an internal reporting system (whistleblowing channel) that protects the informant from retaliation. A well-designed channel is also a key part of the compliance model.

Yes, these liabilities are compatible. Convicting the legal entity does not exclude that of the individual who committed the crime, and vice versa. That is why the defence of directors and company must be coordinated, watching for conflicts of interest.

It is deceiving someone so that, through that error, they make a financial disposition to their own detriment (Arts. 248-249 CP). If the amount exceeds €400 it is a less serious crime (6 months to 3 years in prison); below that, a minor offence with a fine. Art. 250 aggravates the penalty (1 to 6 years) in cases such as amounts over €50,000 or abuse of personal relationships.

The key is prior deceit and intent. If from the outset there was a scheme not to perform (sufficient deceit before the contract), it is fraud. If the deal was genuine and later went wrong, it is usually a civil breach, not a crime. That boundary is the main field of defence.

It is a fraudulent scheme where investors' supposed returns are paid with money from new participants, without any real underlying investment. It is punished as aggravated fraud, with penalties that can reach 6 years in prison depending on the amount and number of victims.

It is a form of computer fraud (Art. 249.1.a CP). If you are a victim and the bank did not apply diligent security measures, you can claim. If you are accused of being a 'money mule' (receiving and forwarding money to others), your defence must focus on proving you did not know the funds were illicit.

It is deceiving a judge or court, by manipulating evidence or documents, to obtain a ruling that harms the other party (Art. 250.1.7 CP). It is specifically aggravated because it affects the Administration of Justice.

It is keeping money, an effect or movable property that was lawfully received in deposit, custody or administration, or under another title that obliges its return (Art. 253 CP). The crime is not in how it was received, but in refusing to return it or giving it a personal destination.

Misappropriation (Art. 253) means keeping what was received in trust. Unfaithful administration (Art. 252) means exceeding the management powers over someone else's assets, causing them harm, without necessarily appropriating a specific item.

In the title of receipt. In theft the offender never held the item lawfully (they take it without consent); in fraud they obtain it through prior deceit; in misappropriation they received it lawfully and then breach the obligation to return it.

Keeping money or an item received by the transferor's mistake can be a crime (Art. 254 CP), punished with a fine. The duty is to report the error and return it; knowingly keeping it generates criminal as well as civil liability.

They follow the fraud penalties (Art. 248): 6 months to 3 years in prison depending on the amount, and up to 6 years if the aggravating factors of Art. 250 apply (for example, an amount over €50,000 or abuse of personal relationships).

Theft (Art. 234 CP) is taking someone else's property without force or violence. Robbery appears when there is force on things (Art. 238: breaking, climbing, false keys) or violence or intimidation on persons (Art. 242). Robbery is always more serious than theft.

The boundary is €400: above it, it is a crime (6 to 18 months in prison); below it, a minor offence with a fine. However, after LO 1/2026 multi-recidivism can turn a minor theft into a crime with prison even if the amount is small.

Since 2026, if the offender accumulates three or more prior final convictions for crimes of the same heading (theft, robbery, fraud…), minor theft stops being treated as such and can carry 6 to 18 months in prison, even if what was taken is worth a few euros. Always review prior records before agreeing to a plea.

It is taking another's property using violence or intimidation on persons (Art. 242 CP), with penalties of 2 to 5 years in prison, aggravated if weapons are used. It covers muggings and snatchings whenever there is contact or threat.

Yes, it is the unlawful use of motor vehicles (Art. 244 CP): taking it without intent to keep it permanently, to use and return it. It is punished with community service or a fine, aggravated if there is force or violence.

Sexual abuse disappeared as an autonomous category: today any sexual act without consent is sexual assault (Art. 178 CP). Consent must be express. The penalty varies depending on whether there is violence, intimidation, abuse of superiority or an especially vulnerable victim.

It is 16. Relations with someone under 16 are, in principle, a crime (Art. 181 CP), except for the proximity-of-age and maturity exception under Art. 183 bis CP when both are adolescents close in age and development.

The basic type (Art. 178) is punished with 1 to 4 years in prison; when there is carnal access or penetration (Art. 179) penalties rise to 4 to 12 years, increasing further with extreme violence, several offenders or a vulnerable victim.

Distributing or holding sexual images of minors, even if the minor sent them voluntarily, can be a serious crime of child pornography (Art. 189 CP) or of discovery and disclosure of secrets.

An accusation proven to be knowingly false may itself be a crime of false reporting or false accusation (Art. 456 CP). The defendant's defence relies on the presumption of innocence, credibility analysis and a rigorous examination of the evidence.

Homicide (Art. 138 CP) is killing another without qualifying circumstances, with 10 to 15 years in prison. Murder (Art. 139) requires treachery, cruelty, price/reward or facilitating another crime, with penalties of 15 to 25 years.

It is the maximum penalty in the system, reserved for the gravest murders (victim under 16 or especially vulnerable, murder following a sexual offence, multiple murders…). After serving a minimum number of years, the court periodically reviews whether parole is appropriate with a prognosis of reintegration.

It is causing another's death through negligence, not intentionally (Art. 142 CP). It is very common in traffic or workplace accidents and in medical malpractice. The penalty depends on whether the negligence is gross or less serious.

When the harm requires, in addition to first aid, medical or surgical treatment (Art. 147 CP). The most serious injuries (loss of an organ, limb or sense) carry higher penalties (Arts. 149-150).

It is a defence (Art. 20.4 CP) that exempts from liability someone who repels an unlawful, current or imminent attack, with rationally proportionate means and without sufficient prior provocation. Properly established, it leads to acquittal.

Yes, when harassment is repeated and seriously undermines the worker's moral integrity (Art. 173 CP). It is prosecuted to protect the employee's dignity and health, regardless of any labour-law claims that may apply.

It is a crime (injury, threats, insults…) motivated by discrimination against the victim for their race, religion, sexual orientation, ideology, gender or disability (Art. 22.4 CP as an aggravating factor; Art. 510 for incitement to hatred). It notably increases the penalty.

It is not helping a person who is helpless and in manifest, serious danger when it can be done without risk to oneself or others (Art. 195 CP). It is very common after traffic accidents and is aggravated if the person who fails to help caused the accident.

It is inflicting on another person treatment that seriously undermines their moral integrity (Art. 173 CP). It protects dignity against humiliation, repeated abuse or degrading conditions, inside or outside the work and family environment.

In minor or semi-public crimes it is a voluntary process where victim and offender, with a mediator, seek a restorative agreement. If reached, it can translate into a mitigating factor of reparation or facilitate the dismissal of the case.

The victim can state that they do not wish to continue, but as these are public crimes the Prosecution can (and usually does) maintain the accusation ex officio if there are indications, regardless of the complainant's wishes.

Domestic violence is exercised against any family member (children, parents, siblings, cohabitants). Gender violence requires it to be from a man towards a woman in a partner or ex-partner relationship. They have different procedural treatment and courts.

Yes. Failure to pay judicially set support for 2 consecutive months or 4 non-consecutive months is a crime of family abandonment (Art. 227 CP), with prison or a fine, in addition to the obligation to pay the arrears.

It is a crime of breach (Art. 468 CP) even if it is the victim who prompts the contact. It carries a high risk of prison, because the court reads it as disobedience and as a sign of dangerousness.

It is the police monitoring system for gender violence. After the 2025 Instruction (VioGén-2) it assesses four risk levels (low, medium, high and extreme) that determine the protection measures. The assigned level can and should be reviewed if circumstances change.

It is announcing to another a harm that amounts to a crime (killing, injuring, damaging…) in a serious and credible way (Arts. 169-171 CP). The penalty depends on whether the threat is conditional (something is demanded in return) and on the gravity of the announced harm.

It is preventing another, by force, from doing what the law does not prohibit, or compelling them to do what they do not want (Art. 172 CP). Unlike a threat, coercion acts on the will in the present, bending it by force.

It is insistent, repeated harassment (watching, calling, following, contacting) that seriously alters the victim's daily life (Art. 172 ter CP), without the need for an express threat. It includes harassment through digital means.

Both deprive another of their liberty (Arts. 163-164 CP). Kidnapping adds a condition for releasing the victim (usually a ransom or demand), which considerably aggravates the penalty.

Yes. A threat is a crime regardless of the medium. A WhatsApp message, an email or a post can constitute a crime of threats or coercion if it generates real, well-founded fear in the victim.

Slander/calumnia (Art. 205 CP) is imputing a specific crime to someone knowing it is false or with reckless disregard for the truth. Insult/injuria (Art. 208) is harming another's dignity, damaging their reputation or self-esteem, without imputing a crime.

It depends on the content. It can be an insult or slander, a hate crime (if it incites violence against a group), or fall within freedom of expression. We analyse the context, reach and intent of the message to shape the defence.

They are private crimes: only the offended person can pursue them, through a private lawsuit and, as a rule, a prior conciliation act. The action is extinguished by the offended party's pardon, which opens the door to negotiated solutions.

Not absolutely. It protects criticism, opinion and truthful information on matters of public interest, but not groundless insults or the imputation of false facts. The line between legitimate criticism and crime is case-by-case.

It is proof of truth: in slander, the accused is exempt from punishment if they prove the imputed criminal fact was true. In insults it only operates when directed against public officials regarding facts relating to their office.

Driving with more than 0.60 mg/l of alcohol in exhaled air (or 1.2 g/l in blood) is a crime (Art. 379.2 CP). Below that it may be a serious administrative offence but not a crime, unless influenced driving is proven.

Refusal is an autonomous crime (Art. 383 CP) that usually carries heavier penalties than the alcohol level itself: 6 months to 1 year in prison and licence withdrawal. Legally, except in very specific cases, it is better to take the test.

Driving without ever having obtained a licence, or after losing it entirely through points, a judicial or precautionary deprivation, is a crime (Art. 384 CP). Driving after losing the physical card but keeping administrative validity is not.

Exceeding the limit by more than 60 km/h on urban roads or by more than 80 km/h on interurban roads is a road-safety crime (Art. 379.1 CP), punished with prison, a fine or community service and, in any event, licence withdrawal.

Leaving the scene after causing an accident with victims is an autonomous crime (Art. 382 bis CP), added to any injuries or negligent homicide and to failure to render aid. Fleeing notably aggravates liability.

It is when someone who manages another's assets (a director, an attorney-in-fact) exceeds their powers and causes harm to the managed estate (Art. 252 CP). It is one of the leading crimes in shareholder disputes and director liability.

It is falsifying the annual accounts or other documents reflecting the company's situation, in a way apt to cause harm (Art. 290 CP). It protects the reliability of economic information for shareholders, investors and third parties.

These are resolutions imposed abusively by a majority for its own benefit and to the detriment of other shareholders, or harmful resolutions adopted with fictitious majorities (Arts. 291-292 CP). They protect the minority against abuse of power in the company.

It is denying or impeding the action of supervisory bodies (CNMV, Bank of Spain, inspectorates) when the company is legally subject to them (Art. 294 CP). The crime punishes the failure to cooperate with administrative supervision.

Directors, board members and executives can be held criminally liable for decisions that harm the company, shareholders or creditors, as well as for crimes committed in the exercise of their office or under their supervision.

It is altering, simulating or creating a false document to pass it off as genuine in legal transactions (Arts. 390 et seq. CP). Penalties depend on the type of document and on whether the author is a public official or a private individual.

Yes, considerably. Forgery of a public, official or commercial document by a private individual (Art. 392 CP) carries 6 months to 3 years in prison. Forgery of a private document (Art. 395 CP) is less serious and, additionally, requires intent to harm a third party.

Merely using, knowingly, a false document to harm another is also a crime (Arts. 393 and 396 CP), with a slightly lower penalty than for whoever forged it. Knowing of the falsity is the key element of the offence.

Yes. Forgery of certificates (Arts. 397-399 CP) is a specific offence, and forgery of prescriptions or health documents has its own treatment. Although penalties are usually lower than in general document forgery, they create a criminal record.

Counterfeiting currency (Art. 386 CP) is a serious crime with high prison sentences. Forgery of credit and debit cards and travellers' cheques (Art. 399 bis CP) is equated in gravity to currency because of its impact on economic transactions.

Yes. Possessing regulated weapons without a licence or permit, prohibited weapons or weapons of war is a crime (Arts. 563-566 CP), with penalties of 1 to 3 years in prison depending on the type of weapon and whether it is operational.

It is assaulting, attacking or seriously intimidating, or actively and seriously resisting, an authority agent or official in the exercise of their duties (Art. 550 CP). Penalties can reach several years in prison, aggravated if weapons are used.

Resistance (Art. 556 CP) means actively but not seriously opposing authority; disobedience is refusing to comply with a lawful order. Both are less serious than assault on authority, but they are still crimes.

They are group actions that disturb public peace through violence against persons or property, or by invading premises (Art. 557 CP, reformed by LO 14/2022). They include serious disturbances at gatherings, events or in public spaces.

No. Sedition was repealed by LO 14/2022. The most serious public-order conduct is now channelled into aggravated public disorders, with a penal framework different from the former sedition.

If it is for personal use, it is an administrative sanction (fine), not a crime. The boundary lies in whether officers see signs of intent to traffic: the quantity, the splitting into doses, the cash or the scales are key to distinguishing use from sale.

They are, mainly, the cultivation, production and trafficking of drugs (Art. 368 CP). The penalty is higher for substances that cause serious harm to health (cocaine, heroin) than for those that do not (cannabis), and it depends on the quantity and aggravating factors.

Art. 369 CP aggravates for a notably large quantity, belonging to an organisation, spread to minors or in educational centres, among others. Art. 370 covers extreme gravity (leadership of an organisation, use of vessels), with the highest penalties.

Discreet self-cultivation for strictly personal consumption is not, in itself, a crime, but the line is very fine: the number of plants, the estimated yield or any sign of distribution can turn it into a crime against public health.

It is a grey area. Case law has treated the organised distribution of cannabis through clubs as criminal when it exceeds strictly shared consumption among a closed, small group. Each case requires specific analysis.

It is the crime of corruption of officials: requesting, receiving or offering gifts or favours in exchange for an act of office (Arts. 419-427 CP). Both the official who receives (passive bribery) and the private party who offers (active bribery) are liable.

It is a public authority or official appropriating, or giving a private destination to, the public funds in their charge (Art. 432 CP). It is one of the central crimes in corruption cases, with prison and disqualification.

It is an authority or official knowingly issuing an arbitrary and unjust decision in an administrative matter (Art. 404 CP). The main penalty is special disqualification from public employment or office, removing the convicted official from public service.

It is influencing an official, taking advantage of a personal or hierarchical relationship, so that they issue a decision generating an economic benefit (Arts. 428-430 CP). It punishes the misuse of closeness to power to obtain advantages.

It is an authority or official using their office to intervene, directly or indirectly, in deals or contracts on which they must report or decide (Art. 439 CP). It protects the impartiality of the Administration against conflicts of interest.

It is causing, in breach of regulations, emissions, discharges or noise that may seriously harm the balance of natural systems (Art. 325 CP). It affects both companies and their technical managers and directors.

Yes, when it involves urbanisation or construction works that cannot be authorised on protected land or land of special value (Art. 319 CP). It is the crime against land planning, which can entail prison, a fine and even the demolition of what was built.

Yes. Forest fires (Arts. 352-354 CP) are punished severely, distinguishing the intentional from the one caused by gross negligence. Penalties are aggravated if there is danger to life, a large affected area or high-risk season.

Yes. Unjustifiably mistreating an animal causing injury or death is a crime (reformed in 2023), with prison and disqualification from keeping animals and from animal-related professions, aggravated if the animal dies or there is cruelty.

The Criminal Code punishes the hunting or fishing of threatened species, the trafficking of protected species and damage to habitats and natural areas (Arts. 332-336 CP), in line with international biodiversity-protection conventions.

Your priority is to remain silent: do not testify before the police and immediately request the assistance of a lawyer you trust. Any informal statement, made under stress and without advice, can seriously harm your later defence.

A report is the mere communication of a possibly criminal act to the authority. A lawsuit is a formal written accusation, filed with a lawyer and procurator, by which the filer appears as an accusing party in the process from the outset.

It means there are indications that you may have taken part in a crime and the proceeding is directed against you. It does not equal guilt: it is precisely the status that grants you the right to defend yourself, to a lawyer and not to testify against yourself.

It is an exceptional precautionary measure before trial. It is appropriate only if there is a risk of flight, destruction of evidence or reoffending. We work to avoid it or replace it with less burdensome measures such as bail or periodic appearances.

It is an agreement between defence and prosecution by which the accused admits the facts in exchange for a reduced sentence. It is a useful strategic tool to limit risk in cases with very strong evidence, but it must be weighed carefully and never signed without studying the prior record.

It is a constitutional principle: if evidence is obtained by violating fundamental rights (for example, a search without a court order), not only is that evidence null, but so is all evidence derived from it. It is one of the most powerful defence tools.

It is an urgent procedure to have an illegally detained person brought immediately before a judge. It is invoked when detention is unduly prolonged, rights are not read, or ill-treatment occurs.

Yes. Pretending to be the victim of a crime that did not happen, or falsely self-incriminating, to provoke police or judicial action is a crime (Art. 457 CP), punished with a fine. It is common in fake robberies to claim insurance.

In a false accusation (Art. 456 CP) the crime is imputed to a specific person known to be innocent. In simulation (Art. 457) no one is accused, only a non-existent crime is feigned. False accusation is more serious because it affects a third party.

It is failing to tell the truth as a witness or expert before a court (Arts. 458-462 CP). It is aggravated when given in a criminal case against the defendant. The accused, by contrast, does not commit this crime because they have the right not to incriminate themselves.

It is failing to comply with a penalty, security measure or precautionary measure (Art. 468 CP): for example, ignoring a restraining order or permanent localisation, or not returning after prison leave. It carries a high risk of prison.

It is helping, after a crime is committed and without having taken part in it, the perpetrators to benefit, to hide evidence or to evade justice (Arts. 451-454 CP). There are exemptions for those who harbour close relatives.

The Military Criminal Code (LO 14/2015) defines specifically military crimes (committed by service members in relation to duty): desertion, abandonment of post, crimes against discipline, against service duties or against the chain of command.

Military jurisdiction, made up of the Military Courts and, at the top, the Military Chamber of the Supreme Court. It is a specialised jurisdiction with its own procedural rules that coexist with the common constitutional guarantees.

Desertion is leaving the unit intending to permanently evade military obligations; abandonment of post is an unjustified absence for a set period. Both are military crimes with prison sentences.

Yes, but not for the same thing. Disciplinary offences (minor, serious, very serious) are governed by the disciplinary regime; when the conduct reaches the gravity of a crime, the Military Criminal Code applies, respecting the 'non bis in idem' principle.

As a rule, no: military jurisdiction is limited to the strictly military sphere. Only in very exceptional cases (for example, during a declared state of siege) does the law contemplate its extension, always in a limited way.

Yes. An attack can involve several crimes: illicit access to systems (Art. 197 bis CP), computer damage (Art. 264), disclosure of trade secrets and extortion (ransomware). We advise on filing the complaint and preserving digital evidence.

It depends. Recording a conversation in which you participate is lawful and valid evidence, even if the other party does not know. Recording third-party conversations in which you do not take part is a crime of disclosure of secrets (Art. 197 CP).

It is computer extortion: the victim's data is encrypted and a ransom is demanded to release it. It involves at least computer damage (Art. 264 CP) and extortion, with penalties that can exceed 5 years in prison.

Distributing sexual images of a person created or digitally manipulated without their consent can be prosecuted, depending on the case, as a crime against moral integrity, alongside the civil route protecting honour and one's own image. If the person affected is a minor, it can amount to child pornography.

Emails, screenshots, messages, IP logs or metadata can be valid as long as their authenticity and chain of custody are guaranteed. A certified forensic dump is the safest way to submit them and to withstand challenges.

Holding cryptocurrency is not in itself a crime. Failing to declare it when required may be a tax infraction. The criminal issue arises if the funds come from an illicit activity, in which case there could be money laundering.

They are frauds that use the appearance of crypto-asset investment (fake platforms, promises of returns, exchange impersonation) to capture funds. They are reported as fraud; it is essential to keep screenshots, transfer receipts and the wallet addresses involved.

Yes. Although cryptocurrencies offer pseudonymity, law enforcement uses blockchain-analysis tools to follow the trail of transactions, and regulated exchanges are obliged to provide data upon judicial request.

A 'rug pull' is the fraud whereby the promoters of a crypto project capture investment and disappear with the funds. ICO fraud (token offerings) consists of selling digital assets with no real backing. Both usually fit fraud, sometimes aggravated.

MiCA (EU Regulation 2023/1114) is the European framework regulating crypto-assets and their service providers, requiring authorisation and transparency. Non-compliance opens the administrative route and reinforces the prosecution of crypto fraud.

With discretion and strict control of information. Professional secrecy prevents us from disclosing case data, and we coordinate the procedural strategy and communication management to minimise reputational impact, always within the law.

They are fundamental rights (Art. 18 of the Constitution and LO 1/1982) against unlawful intrusions: revealing private data, publishing images without consent or attributing facts that damage reputation. Their breach can have a criminal and civil route simultaneously.

Yes. Distributing, without consent, intimate images or recordings obtained with the victim's agreement but disclosed without it is a crime (Art. 197.7 CP). We act urgently to stop the spread and preserve the evidence.

It is the power to request the removal or de-indexing from search engines of outdated, inaccurate or reputationally harmful information. It is channelled through data-protection and, where appropriate, judicial routes, and is key to digital reputation.

Yes. Confidentiality is a cornerstone of our work. We adapt communication channels and case operations to preserve the privacy of executives, professionals and publicly exposed individuals, without reducing the technical rigour of the defence.

It is supplying or facilitating to athletes prohibited substances or methods that endanger their health (Art. 362 quinquies CP), in coordination with anti-doping rules. It mainly targets those who provide or administer the substances.

Yes. Corruption in sport (Art. 286 bis CP) punishes those who, by themselves or through others, fraudulently alter the result of a competition in exchange for a benefit. It affects athletes, directors and referees.

As a rule no, because sport involves assumed risk. It can be a crime when the action clearly exceeds the rules of the game and the injury is caused with intent or gross negligence, outside the dynamics of the sport.

Clubs, as legal entities, can be liable for economic, tax or corruption crimes committed for their benefit (Art. 31 bis CP). Their directors are also personally liable for the decisions they make.

Violent incidents by fans can constitute public disorders, injuries or damage, and add to the administrative sanctions of the law against violence in sport, which provides for bans from accessing sports venues.

Stay calm, do not resist and exercise your right to remain silent from the outset. Ask for a lawyer you trust, do not sign documents you do not understand and avoid informal conversations with officers about the facts: everything can end up in the police report.

Among others: to remain silent and not to incriminate yourself, to appoint a lawyer and be assisted by them without undue delay, to have a relative or person of your choice informed of the arrest, to phone a third party, to be assisted by an interpreter at no cost and to be examined by the forensic doctor. You must also be informed in writing, in simple and accessible language, of the facts attributed to you and the reasons for the deprivation of liberty.

No longer than strictly necessary for the enquiries and, in any event, within a maximum of 72 hours the detainee must be released or brought before the judicial authority (Art. 520 LECrim). The judge, in turn, has a further 72 hours from the handover to convert the detention into pre-trial custody or set it aside (Art. 497 LECrim).

It is an urgent, simple procedure (LO 6/1984) for a judge to immediately examine the lawfulness of a detention and order release if it is unlawful. It applies when time limits are exceeded, rights are not read or guarantees are not respected. It can be requested by the detainee, their spouse or partner, their relatives, their lawyer and the Public Prosecutor.

Only with the householder's consent, with judicial authorisation or in case of a flagrant crime (Art. 18.2 of the Constitution). Consent can be refused, and a search conducted outside those cases is null and drags down the evidence derived from it. When in doubt, it is better not to consent to anything without legal advice.

A police statement is not evidence in itself: what carries weight in the proceedings is what is stated before the judge. That is why the usual defence approach is to remain silent at the police station and testify in court, once the police report has been studied and the strategy defined with the lawyer. Each case, however, requires individual assessment.

On top of the common rights: interpreter assistance at no cost if they do not understand or speak Spanish, and communication of the arrest to their country's consular office, with the right to consular visits and correspondence (Art. 520.2 LECrim). The consulate can assist, but the criminal defence always falls to the lawyer.

Art. 131 CP sets the periods according to the maximum penalty: 20 years where it is prison of 15 or more; 15 years for disqualification over 10 years or prison between 10 and 15; 10 years for prison or disqualification over 5 and up to 10; and 5 years for all other crimes. Minor offences and insult and slander become time-barred after one year.

The period is interrupted, and the time already elapsed is lost, when the proceedings are directed against the person allegedly responsible through a reasoned judicial decision (Art. 132.2 CP). A report or private lawsuit against a specific person suspends the count for up to 6 months; if that decision is later issued, the interruption is backdated to the filing date.

Art. 136 CP requires the sentence to have been served and no reoffending for: 6 months (minor penalties), 2 years (penalties up to 12 months and negligent offences), 3 years (remaining less serious penalties under 3 years), 5 years (less serious penalties of 3 years or more) and 10 years (serious penalties). Cancellation can be requested from the Ministry of Justice or ordered ex officio.

By requesting the criminal-record certificate from the Central Register of Convicted Persons, under the Ministry of Justice. It can be requested online, in person or by post, and it is the document required by many authorities and official procedures.

In private employment they generally cannot be demanded, except in regulated sectors. However, many public examinations and public-sector posts require having no uncancelled records, and any profession involving regular contact with minors requires a negative certificate from the Central Registry of Sex Offenders. That is why it pays to request cancellation as soon as the periods are met.

Criminal records derive from final convictions and are held in the Central Register of Convicted Persons. Police records are the entries that law-enforcement forces keep for arrests or investigations, even where there was no conviction. They are cleared through different channels: police records are requested from the Ministry of the Interior and do not disappear automatically when criminal records are cancelled.

Yes. A conviction for a minor offence is entered in the Register even if the penalty is only a fine, although its cancellation period is the shortest: 6 months from serving the penalty (Art. 136 CP). Moreover, after LO 1/2026 the accumulation of convictions for crimes under the same heading can trigger multi-recidivism and notably aggravate a new offence.

Through a prior quote and an engagement letter, which defines in writing the work covered (detainee assistance, investigation, trial, appeals) and its amount. Fees depend on the complexity of the matter, the procedural stage and the court involved, and staged payment arrangements can be agreed.

They are the expenses of the proceedings: lawyer and procurator fees, expert reports and other outlays. The law imposes them on those criminally responsible for the crime (Art. 123 CP), so the convicted person usually bears them; in the event of acquittal they are declared ex officio and each party bears its own.

Yes. The private prosecutor or the civil claimant can be ordered to pay the costs when the proceedings show that they acted recklessly or in bad faith (Art. 240 LECrim). Costs are never imposed on an acquitted defendant.

It is the statutory right to legal aid (Law 1/1996) for those who prove insufficient means to litigate, with income thresholds referenced to the IPREM indicator according to the household. It is requested through the Bar Association, which manages the duty-lawyer rota and the processing before the Legal Aid Commission.

The duty lawyer is assigned through the Bar Association's rota when the citizen does not appoint one; the private lawyer is freely chosen and engaged by the client. A duty-lawyer appointment does not always mean legal aid: if that right is not granted, the service must be paid for. A trusted private lawyer can be appointed at any time.

It covers every stage: detainee assistance, defence during the investigation (statements, requesting enquiries, appeals against precautionary measures), the intermediate phase, the trial, appeals against the judgment and enforcement (suspended sentence, record cancellation). The exact scope of each engagement is defined in the engagement letter.

It is a special procedure (Arts. 795 et seq. LECrim) for crimes punishable with up to 5 years in prison (or other penalties up to 10 years) when the case starts with a police report with a detained or summoned suspect and involves a flagrant crime, one on the statutory list (injuries, theft, robbery, road safety…) or a presumably simple investigation. It concentrates the investigation in the duty court and drastically shortens the timeline.

If the accused pleads guilty before the duty court, the judge imposes the requested penalty reduced by one third, even if the result falls below the legal minimum. It requires that there is no private prosecution, that the crime carries up to 3 years in prison, a fine or other penalties up to 10 years, and that the requested penalty, reduced by one third, does not exceed 2 years in prison.

It depends on the strength of the prosecution evidence, the specific penalty offered and the real chances of acquittal: a plea provides certainty and avoids trial, but it means accepting the facts and waiving the right to contest them. It should never be signed without first reviewing the police report, the prior record and its collateral effects (civil liability, driving licence, immigration status).

After the 2023 reform, in the abbreviated procedure it is channelled through the preliminary hearing of Art. 785 LECrim: the defence and the accused accept the classification and the penalty, and the judge or court issues a plea judgment if it deems the classification correct and the penalty appropriate. The court must first hear the accused and verify that the plea is given freely and with knowledge of its consequences.

Only in very limited terms: solely when the requirements or terms of the plea have not been respected (Art. 785 LECrim). The accused cannot challenge on the merits a plea freely given, hence the importance of weighing it carefully before accepting.

It is the most common scenario: after the positive test, the driver is summoned to the duty court within days. A plea with the one-third reduction of Art. 801 LECrim is available there and, if the requirements are met, the suspension of the prison sentence can be decided in the same act; the fine and the licence deprivation are adjusted to the circumstances.

The appeal is filed within 10 days of notification of the judgment, before the same court that issued it (Art. 790 LECrim); appeals against Criminal Court judgments are decided by the Provincial Court. It can be based on breach of procedural rules and guarantees, error in the assessment of the evidence or infringement of legal rules.

It is the extraordinary appeal before the Second Chamber of the Supreme Court, with closed grounds: infringement of law, procedural defects or violation of fundamental rights. It is not a third instance in which to re-assess the evidence, so its viability requires rigorous technical analysis.

Arts. 80 et seq. CP allow the suspension of custodial sentences not exceeding 2 years when the convicted person is a first-time offender (with nuances) and has satisfied, or undertakes to satisfy, the civil liability. The suspension period is 2 to 5 years and can be made conditional on prohibitions and duties.

Art. 86 CP provides for revocation when the convicted person is convicted of a crime committed during the suspension period showing that the expectation can no longer be maintained, or seriously or repeatedly breaches the prohibitions, duties or conditions imposed. Revocation means serving the suspended prison sentence; minor breaches allow, instead, new conditions or an extension of the period.

It is a measure of clemency governed by the 1870 Pardon Act, granted by the Government, which extinguishes all or part of the outstanding penalty. It does not erase the conviction or cancel the criminal record, which follows the general regime of Art. 136 CP, and its granting is discretionary.

Yes, through exceptional channels. The review of Art. 954 LECrim applies, among other cases, when the conviction was based on evidence declared false, when new facts or evidence emerge showing innocence, or when the European Court of Human Rights finds a violation of a Convention right. In addition, if a later reform is more favourable, a review of the sentence can be requested to apply it.

It is the last remedy before the Constitutional Court against violations of fundamental rights (presumption of innocence, effective judicial protection, defence…) once the ordinary judicial route is exhausted. It requires justifying the special constitutional significance of the case, so its admission is highly selective.

Children under 14 have no criminal liability: protection measures apply where appropriate. Between 14 and 17, LO 5/2000 applies, with educational-sanctioning measures (custody, supervised release, community service) imposed by the Juvenile Judge. From 18, the ordinary Criminal Code applies.

The file is investigated by the Juvenile Prosecutor's Office and decided by the Juvenile Court, with a lawyer from the first moment and the involvement of the technical team (psychologist, educator, social worker). The law prioritises the best interests of the minor and allows out-of-court solutions such as conciliation or reparation of the harm.

Prison sentences of more than 1 year imposed on a foreign national are, as a rule, replaced by removal from Spanish territory; if the sentence exceeds 5 years, the judge may order part of it to be served before removal. It does not apply where it would be disproportionate given the person's roots and personal circumstances, and for EU citizens it is only available in the face of a serious threat to public order or security.

Extradition is the classic surrender mechanism between States, governed by treaties and with a dual governmental and judicial phase. The European Arrest Warrant replaces it between EU countries: surrender is agreed directly between judicial authorities, with short deadlines and closed grounds for refusal.

You have the same rights as any detainee (silence, lawyer, habeas corpus) plus interpreter assistance and communication with your consulate. Criminal proceedings can affect residence permits and future immigration procedures, so the defence strategy must also weigh that administrative dimension.

Yes. Through the European ECRIS system, conviction records are exchanged between Member States, and LO 7/2014 allows convictions handed down in another EU country to produce effects in Spanish criminal proceedings, for example when assessing recidivism or the suspension of a sentence. Their specific weight is assessed by the judge in each case.

Yes, within the same periods of Art. 136 CP that apply to nationals. It is a particularly relevant step because uncancelled records block residence authorisations, renewals and nationality applications, and cancellation does not always happen ex officio: it should be requested as soon as the periods are met.

Only in limited cases. After the 2023 reform, Art. 787 LECrim allows the trial to be held in the absence of a duly summoned accused when the prosecution requests it and the defence is heard, provided the most serious penalty requested does not exceed 2 years in prison (or 6 years if of another nature, or a fine) and the sum of the custodial penalties does not exceed 5 years.

It is vital to provide any court notification (summons, orders), police reports, complaints, and any evidence you have. The more information we have, the more precise the strategy.

No. The Spanish Bar Association's Code of Ethics prohibits guaranteeing outcomes, since each case depends on its own evidence and judicial discretion. What we do undertake as a professional commitment is technical rigour, dedication to the case, and full use of the procedural resources the legal system makes available to your defence.

No. We defend people, not crimes. Our mission is to ensure the presumption of innocence and the right to a fair trial are respected, whatever the accusation.

Yes. Call the office on +34 910 786 574 or send us an email and we will respond with the greatest diligence possible to assist you at the police station or duty court. If the initial detainee assistance is provided by a Bar Association duty lawyer, we formally take over the defense as soon as we are contacted.

Only with your express authorization. Professional secrecy prevents us from revealing information to third parties, even close relatives, without the client's direct consent.

It is not strictly necessary. Although we value personal interaction, we can manage your defense entirely via video calls and secure communications if you live in another city.

Yes. We represent victims of crimes (fraud, assault) to pursue the criminal claim and to seek the civil compensation that may correspond in each case based on the evidence and judicial discretion.

Yes, it is a fundamental right (free choice of counsel). You can change lawyers at any time if you have lost confidence, without needing to justify it.

They are the professional who formally represents the client before the court, receiving notifications and filing briefs. In the Spanish criminal process, they are mandatory along with the lawyer.