Criminal Lawyers

Criminal defense is the set of technical-legal actions oriented to safeguarding the fundamental rights of the investigated, indicted, charged or accused person, exercised by a registered lawyer under the General Statute of the Spanish Bar (RD 135/2021) and the Codes of Ethics. Its constitutional foundation rests on Arts. 17 (personal freedom), 24 (effective judicial protection), 25 (criminal legality) SC and on European directives that form the "ceiling of guarantees" of the investigated person (Directives 2010/64/EU, 2012/13/EU, 2013/48/EU, 2016/343/EU, 2016/800/EU). Constitutional Court doctrine (STC 30/1981, 199/2003, 79/2014, 23/2018, among many) and Supreme Court case-law configure a system in which the presumption of innocence, the right against self-incrimination, the right to legal assistance and the right to a process with full guarantees constitute non-derogable pillars.

The procedural modalities of criminal defense cover the entire spectrum of criminal prosecution. Assistance to the detainee (Art. 520 LECrim) at police and judicial premises, with prior reserved interview (Art. 520.6.d LECrim); the investigation phase before the Investigating Court (Arts. 299-779 LECrim); the intermediate phase with the defense brief and evidence proposal (Arts. 780-786 LECrim); the oral trial before the Criminal Court, Provincial Court, Audiencia Nacional, Jury Court or Second Chamber of the Supreme Court (Arts. 786-789 LECrim); and appeals (appeal, cassation, amparo). Defense can be exercised in minor offense proceedings, speedy trials, abbreviated procedure, ordinary summary, Jury Court procedure, and special proceedings (terrorism, organized crime).

The catalogue of penalties in Spanish criminal law is broad. Custodial penalties include prison (3 months to 25 years; exceptionally 30-40 years by accumulation or terrorism, Arts. 76 CP), reviewable life imprisonment (Art. 92 CP), permanent localization (1 day to 6 months) and subsidiary personal liability for non-payment of fine. Penalties depriving rights include absolute disqualification, special disqualification, suspension of public employment or office, deprivation of the right to drive, deprivation of the right to possess and bear arms, deprivation of the right to reside or go to certain places, prohibition of approach to victim, prohibition of communication, community service. Pecuniary penalties are proportional fine and day-fine. Additionally, forfeiture (Art. 127 CP) and civil liability ex delicto (Arts. 109-122 CP) configure the economic consequences.

The defense strategy rests on four fundamental axes modulated case by case. First, the control of procedural guarantees: any violation of fundamental rights (illegal detention, searches without reasoned judicial authorization, defective phone interventions, statements without legal assistance) can result in evidentiary nullity (Art. 11 LOPJ and Art. 24 SC) with reflex effect (fruits of the poisonous tree). Second, challenging the prosecution's narrative: expert examination, witness contradictions, reasonable alternative hypotheses that activate reasonable doubt. Third, activating mitigating factors: confession (Art. 21.4 CP), damage reparation (Art. 21.5 CP), undue procedural delays (Art. 21.6 CP), drug addiction, outburst or obfuscation, as well as analogous mitigating factors. Fourth, negotiating strategic plea agreements (Arts. 655, 787 and 801 LECrim) with penalty reductions of up to one third, or suspension of execution (Art. 80 CP) and substitution of the custodial penalty when appropriate.

In current forensic practice, criminal defense operates in a regulatory framework in full transformation. Organic Law 1/2025 on Justice Service Efficiency, Act 10/2022 on Procedural Efficiency, Organic Law 10/2022 on Sexual Freedom, Organic Law 14/2022 on Embezzlement Reform, Organic Law 8/2021 on Childhood Protection, Act 2/2023 on Whistleblower Protection, as well as consolidated Supreme Court and CJEU case-law configure an increasingly sophisticated system. At Alonso Sala, with more than 15 years of experience, we approach each file as a unique case: assistance to the detainee at the police station from the first moment (with the greatest diligence possible, formally taking over the defense when initial assistance corresponds to the duty roster), exhaustive technical analysis of the file, coordination with specialized experts (forensic, accounting, computer, psychological, ballistic), procedural articulation in all instances (Investigating Court, Criminal Court, Provincial Court, Audiencia Nacional, Supreme Court, Constitutional Court and European Court of Human Rights). We defend natural and legal persons, national and international clients, in all types of criminal proceedings.

Our intervention covers all instances, including appeals to the Supreme Court and constitutional protection appeals. If your freedom is at stake, do not accept less than a specialist technical defense.