Under Investigation for Child Pornography in Spain: Rights and Immediate Steps

An investigation into child pornography offences in Spain typically begins with a police operation — often involving a dawn raid, seizure of electronic devices, and immediate arrest. These cases move fast, the stakes are extremely high, and the stigma is severe. If you are under investigation or have been arrested, having specialist criminal defence counsel immediately is critical.

The Legal Framework: Articles 189 and 189 bis

Article 189 of the Spanish Penal Code criminalises the production, sale, distribution, display, and possession for these purposes of material that sexually depicts persons under 18. It also criminalises possession (even without intent to distribute) of such material. Sentences range from 1–5 years for possession, up to 5–9 years for production or distribution, with increases for organised criminal involvement or where victims are under 16. Article 189 bis covers online grooming (embaucamiento) of minors for sexual purposes.

Your Rights During a Police Raid and Arrest

You have the right to remain silent from the moment of arrest. You are not obliged to answer police questions. You have the right to a lawyer of your choice before making any statement. You have the right to know the specific charges. Do not explain, justify, or discuss the contents of any devices with police before your lawyer is present. Anything said voluntarily can and will be used.

How These Cases Are Investigated and Defended

Digital forensic evidence is central to these cases. The defence must scrutinise the legality of device seizure (warrant requirements, chain of custody), the methodology of forensic examination, whether devices were shared with others (establishing who had actual access), and whether the accused had knowledge of the material. Hash-based detection methods and automatic download mechanisms via peer-to-peer software have been successfully challenged in Spanish courts.

Contact RINBER Now

These cases require immediate, discreet, and experienced representation. RINBER Abogados Penalistas defends clients investigated for sexual crimes involving minors across all of Spain. Call 24 hours: +34 627 467 043.