Lawyers Marbella

Illegal Detentions

Rights of the detainee in Spain

Although the Security Bodies do their work with rigor and professionalism, there can also be mistakes. As in all areas, sometimes unfair situations occur and we have the right to claim them.
If you, or someone close to you, has suffered an unfair detention, you should know that you are not alone and that the criminal lawyers are here to help you. There is a set of rights of the detainee, so that a detention must conform to what the Law of Criminal Procedure says. Thus, among other things, every detained or imprisoned person shall be informed in writing, in simple and accessible language, in a language that understands and immediately, of the facts attributed to him and the reasons motivating his deprivation of liberty, as well as the rights that assist him and especially the following:

  • Right to remain silent;
  • Right not to testify against oneself and not to confess guilt;
  • Right to appoint a lawyer;
  • Right to access the elements of the actions that are essential to challenge the legality of detention or deprivation of liberty.
  • The right to be informed of the family member or person who wishes, without unjustified delay, his / her deprivation of liberty and the place of custody in which he / she is at all times. Foreigners will have the right to have the above circumstances communicated to the consular office of their country.
  • Right to communicate by telephone, without undue delay, with a third party of your choice.

It may be that you have not been notified of the reason for your arrest, that you have not been allowed to make a phone call to notify a family member, or other situations. In our Marbella Office we take the detainee's rights very seriously, so if there is a problem, we immediately start working on it.

Criminal lawyer in Marbella

If you have been the victim of an illegal detention, do not hesitate: contact us. We will study your case and take the appropriate legal measures to help you. We are experimented english lawyers.