Arrested in Spain as a Foreigner: Your Rights Step by Step

Being arrested in Spain as a tourist or foreign resident is a stressful and disorienting experience. Understanding your legal rights immediately is critical — the decisions made in the first hours can define the entire outcome of your case.

Your rights when arrested in Spain

Under Spanish law (Article 520 of the LECrim), every person detained has the following rights from the moment of arrest:

• The right to be informed of the charges against you in a language you understand
• The right to remain silent and not to testify against yourself
• The right to a lawyer — immediately, before any police questioning
• The right to a medical examination
• The right to notify a family member or person of trust about your detention
• The right to consult a lawyer in private before making any statement

What happens in the first 72 hours

Spanish law sets a maximum of 72 hours of police detention before you must either be released or brought before a judge. During that time, the police may question you, but you have the absolute right to refuse to answer any question until your lawyer is present.

After 72 hours, the judge decides whether to release you, impose bail, or order pre-trial detention (prision provisional). Pre-trial detention requires specific legal justification: flight risk, risk of destroying evidence, or risk of re-offending.

Special rules for foreign nationals

If you are a foreign national arrested in Spain, additional protections apply:

• You have the right to consular assistance — the police must notify your country’s consulate if you request it.
• You have the right to an interpreter at every stage of the proceedings, free of charge.
• If you do not have a lawyer, a duty lawyer (turno de oficio) will be assigned, but they are general practitioners — for serious charges, a specialist is strongly recommended.

Common mistakes to avoid

• Making a statement without a lawyer present: anything you say during police questioning can be used against you. Exercise your right to silence until your lawyer arrives.
• Assuming the duty lawyer is sufficient: for drug trafficking, sexual offences or homicide charges, you need a specialist with experience in that specific area.
• Not acting quickly for family members: if a relative has been arrested, contact a lawyer immediately — the first hours are critical for the defence strategy.

RINBER Abogados: English-speaking criminal defence in Spain

RINBER Abogados has been defending clients arrested in Spain for over 25 years. We attend police stations and courts throughout Spain and provide 24-hour emergency assistance in English. Call us now: +34 627 467 043.