Home | Criminal law

Criminal law

There is no way that you may go or stay wherever you want. It is the other party who holds the key and decides. This may be an unpleasant experience. If you are arrested in Spain, you must immediately contact a lawyer to get in touch with your family and file provisional measures as soon as possible.

If you are summoned as suspect by a criminal court, you should contact a lawyer in Spain as soon as possible. Our lawyer may decide whether witnesses should be summoned to testify in your favour. Then, during the proceedings, such lawyer will act as your defence counsel and will answer the prosecutor's accusation on your behalf.

In Spain, legal counsel to Dutch citizens in trouble with Spanish courts is different from that in the Netherlands. It is less flexible and the Spanish criminal courts have different categories depending on the seriousness of the crime.

In the case of misdemeanours, the proceeding is fast and informal, mostly verbal and our lawyer may, for instance, request an out of court solution for the case through a (conditional) acquittal or settlement. Crimes punished with imprisonment for less than nine years may be heard in a summary proceeding, which is conducted before an Investigation Court (Juzgado de Instrucción, in Spanish). Crimes punished with imprisonment for more than nine years are heard in a full trial. In some cases (including crimes against people in public offices, environmental crimes and crimes against persons), a jury hears and determines the cases. So that after your first contact with the courts, for instance, after being arrested, the most sensible thing to do is to immediately call a lawyer with experience in criminal matters. For example, if your driving license is withheld, our lawyer may request the same be returned to you. If you are summoned for interrogation, our lawyer may previously explain to you the rights you have as suspect. In some cases, lawyers may be present during the interrogatory.

« Back