Arrest and Detention in Spain
In this week's column I'm going to explain all the legal aspects concerning arrest and detention in this country, as well as your rights
and obligations.
firstly, it's very important to make a brief and little explanation of what detention and arrest are exactly.
Detention means to be retained by the police or other authorities (Guardia Civil) after you have been caught up committing an offence, like robbery or smuggling, etc.
Arrest means that you have been accused of committing an offence and that police or other authorities have physically brought you to Jail and probably within a couple of hours, you will be brought before a Judge to make a statement When an arrest Is made, the accused always must be told that he or she is being arrested and given the grounds for his or her arrest. If unluckily at any time you are arrested here in Spain, you must know that you have got the same Bask Rights you have in any democratic country, such as the right to remain silent, the right to hear the charges against you, the right to legal counsel, the right to contact your lawyer or the chance to ask for free Legal Assistance.
In Spanish Criminal Law, the Arrest is regulated in the Criminal Proceeding Act or Ley de Enjuiciamiento Criminal (LECRIM), in force since the 19th century. Articles 489 to 501, although some other Acts regulate it, such as the 1984 Habeas Corpus Act, the Security and Police Forces Act, or the Criminal Under Aged Act There is also European Regulation on this matter, such as the contained in the European Convention for Protection of Human Rights, in Articles.
After an arrest Is made some legal effects appear, such as the privation of liberty of the arrested person or the legal status of the detainee which changes completely. The right to legal counsel is established in the Article 24 of the Spanish 1978 Constitution, and is recognized as one of the main Basic Human Rights under the Spanish Legal System.
Its also advisable for all readers to be aware, if you ignore the Spanish Criminal System, that not only the Police or the Guardia Civil can make an arrest, but you as normal citizens can also execute a citizen's arrest of sorts. If you catch someone, for example, in the act of robbery, or violence against another person, you are entitled to detain the person until the Police arrive and the suspect is not entitled to denounce you for this. All this is established from the Article 490 and on of the LECRIM.
The question now is, what is the maximum period of time a person can be detamed?There are three kinds of periods for the arrest, the ordinary term, the maximum ordinary term and the extraordinary term.
The first must be the strictly necessary to clarify the events which caused the arrest, such as the identification of and statement by the detainee.
On the other hand, the maximum ordinary term must occur only when officers cannot, for whatever reason, clarify all the events. According to Article 520 LECRIM, the maximum ordinary detention time is 72 hours from the arrest, no more. If the 72 hours have passed and the events are still not clarified by the Police, you must immediately be released with no charge.
If, after 24 hours from your arrest, the Judge doesn't issue another Resolution regarding your arrest in order to extend it, according to Article 496 of the famous LECRIM, you must also be set free.
The extraordinary term only occurs when an emergency situation or an extreme state is published by the. Government (war, conflicts, etc). It also occurs for the detention of terrorists (ETA or IRA for instance). When a terrorist suspect is arrested, the maximum period of 72 hours can be extended for another 48 hours If the Judge so decrees following a request from Police. This was regulated after the amendment of the LECRIM came into force in 1988 and Article 520 8s wat added. When an Emergency State is declared by the Government, the arrest can be extended up to 10 days as maximum, according to Article 55.1 of the Spanish Constitution and the 10 4/1981 Act
If somehow you find yourself under arrest for more than 72 hours, please rush and call your family or ask for a lawyer or even write yourself on a piece of paper) that you want to request the Right of Habeas Corpus Proceeding, although It can be provided by a free lawyer. This proceeding was established in the LO 6/1984, also in the Article 17.1 of the Spanish Constitution and the 1950 International Convention of Rome for Protection of Human Rights, which is applied here since 1979 after the ratification by the Spanish Government.
To finish this week's column I also would like you to know that if you think you were illegally arrested or that Police or Guardia Civil used illegal means or manner against you, you are entitled to denounce the matter in Court, of course with the help of a specialized Lawyer, within the 6 month period after the arrest took place.
gabrielpadilla@icae.es
Gabriel Padilla, Lawyer
Taken from a news paper August 2007
webmasters note: I thought this would be usefull should the worst happen, this would help you understand how it all works.
As always, seek proper Legal advice of your choice.
In this week's column I'm going to explain all the legal aspects concerning arrest and detention in this country, as well as your rights
and obligations.
firstly, it's very important to make a brief and little explanation of what detention and arrest are exactly.
Detention means to be retained by the police or other authorities (Guardia Civil) after you have been caught up committing an offence, like robbery or smuggling, etc.
Arrest means that you have been accused of committing an offence and that police or other authorities have physically brought you to Jail and probably within a couple of hours, you will be brought before a Judge to make a statement When an arrest Is made, the accused always must be told that he or she is being arrested and given the grounds for his or her arrest. If unluckily at any time you are arrested here in Spain, you must know that you have got the same Bask Rights you have in any democratic country, such as the right to remain silent, the right to hear the charges against you, the right to legal counsel, the right to contact your lawyer or the chance to ask for free Legal Assistance.
In Spanish Criminal Law, the Arrest is regulated in the Criminal Proceeding Act or Ley de Enjuiciamiento Criminal (LECRIM), in force since the 19th century. Articles 489 to 501, although some other Acts regulate it, such as the 1984 Habeas Corpus Act, the Security and Police Forces Act, or the Criminal Under Aged Act There is also European Regulation on this matter, such as the contained in the European Convention for Protection of Human Rights, in Articles.
After an arrest Is made some legal effects appear, such as the privation of liberty of the arrested person or the legal status of the detainee which changes completely. The right to legal counsel is established in the Article 24 of the Spanish 1978 Constitution, and is recognized as one of the main Basic Human Rights under the Spanish Legal System.
Its also advisable for all readers to be aware, if you ignore the Spanish Criminal System, that not only the Police or the Guardia Civil can make an arrest, but you as normal citizens can also execute a citizen's arrest of sorts. If you catch someone, for example, in the act of robbery, or violence against another person, you are entitled to detain the person until the Police arrive and the suspect is not entitled to denounce you for this. All this is established from the Article 490 and on of the LECRIM.
The question now is, what is the maximum period of time a person can be detamed?There are three kinds of periods for the arrest, the ordinary term, the maximum ordinary term and the extraordinary term.
The first must be the strictly necessary to clarify the events which caused the arrest, such as the identification of and statement by the detainee.
On the other hand, the maximum ordinary term must occur only when officers cannot, for whatever reason, clarify all the events. According to Article 520 LECRIM, the maximum ordinary detention time is 72 hours from the arrest, no more. If the 72 hours have passed and the events are still not clarified by the Police, you must immediately be released with no charge.
If, after 24 hours from your arrest, the Judge doesn't issue another Resolution regarding your arrest in order to extend it, according to Article 496 of the famous LECRIM, you must also be set free.
The extraordinary term only occurs when an emergency situation or an extreme state is published by the. Government (war, conflicts, etc). It also occurs for the detention of terrorists (ETA or IRA for instance). When a terrorist suspect is arrested, the maximum period of 72 hours can be extended for another 48 hours If the Judge so decrees following a request from Police. This was regulated after the amendment of the LECRIM came into force in 1988 and Article 520 8s wat added. When an Emergency State is declared by the Government, the arrest can be extended up to 10 days as maximum, according to Article 55.1 of the Spanish Constitution and the 10 4/1981 Act
If somehow you find yourself under arrest for more than 72 hours, please rush and call your family or ask for a lawyer or even write yourself on a piece of paper) that you want to request the Right of Habeas Corpus Proceeding, although It can be provided by a free lawyer. This proceeding was established in the LO 6/1984, also in the Article 17.1 of the Spanish Constitution and the 1950 International Convention of Rome for Protection of Human Rights, which is applied here since 1979 after the ratification by the Spanish Government.
To finish this week's column I also would like you to know that if you think you were illegally arrested or that Police or Guardia Civil used illegal means or manner against you, you are entitled to denounce the matter in Court, of course with the help of a specialized Lawyer, within the 6 month period after the arrest took place.
gabrielpadilla@icae.es
Gabriel Padilla, Lawyer
Taken from a news paper August 2007
webmasters note: I thought this would be usefull should the worst happen, this would help you understand how it all works.
As always, seek proper Legal advice of your choice.
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© RB3 Entre Naranjos 2007