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Area: Criminal Law.

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Preventive Detention. Article 520.1 LECRM

Article 520.1 LECRM states the following:

1. Preventive detention may not last longer than strictly necessary to conduct investigations aimed at clarifying the facts

2. Within the time limits established in this Law, and in any case within a maximum period of seventy-two hours, the detainee must be released or brought before the judicial authority.

3. Detention and provisional imprisonment must be carried out in the manner that least harms the detainee or prisoner in their person, reputation and assets.

4. The constitutional rights to honor, privacy and image of those individuals shall be safeguarded, with respect for the fundamental right to freedom of information.

 

The rights of the detainee are regulated in Article 520 LECRIM. The aforementioned provision establishes the following:

“Every detained or imprisoned person shall be informed in writing, in simple and accessible language, in a language they understand and immediately, of the facts attributed to them and the reasons for their deprivation of liberty, as well as the rights they have and especially the following:

a) Right to remain silent and not testify if they do not wish to, not to answer some or all of the questions put to them, or to state that they will only testify before the judge.

b) Right not to testify against themselves and not to confess guilt.

c) Right to appoint a lawyer, without prejudice to the provisions of Article 527.1.a), and to be assisted by them without unjustified delay. In the event that, due to geographical distance, immediate legal assistance is not possible, the detainee shall be provided with telephone or videoconference communication with the lawyer, unless such communication is impossible.

d) Right to access the elements of the proceedings that are essential to challenge the legality of the detention or deprivation of liberty.

e) Right to have a family member or person of their choice notified, without unjustified delay, of their deprivation of liberty and the place of custody where they are held at all times. Foreigners shall have the right to have the foregoing circumstances communicated to their country’s consular office.

f) Right to communicate by telephone, without unjustified delay, with a third party of their choice. This communication shall take place in the presence of a police officer or, as applicable, the official designated by the judge or prosecutor, without prejudice to the provisions of Article 527.

g) Right to be visited by the consular authorities of their country, to communicate and to maintain correspondence with them.

h) Right to be assisted free of charge by an interpreter, in the case of foreigners who do not understand or speak Spanish or the official language of the proceedings in question, or of deaf or hearing-impaired persons, as well as other persons with language difficulties.

i) Right to be examined by the forensic doctor or their legal substitute and, failing that, by the doctor of the institution where they are held, or by any other doctor employed by the State or other Public Administrations.

j) Right to request free legal assistance, procedure for doing so and conditions for obtaining it.”

 

Lawyer and Assistance to Detainees

If you need help, we will respond immediately.

You will find DUTY LAWYERS, specialists in Criminal Law, who will help you assert DETAINEE RIGHTS Urgently:

1. HIGHEST LEVEL professional LAWYERS, with previous experience as judges, magistrates and state lawyers… capable of handling any situation, however difficult.

2. Completely CONFIDENTIAL professional LAWYERS, who will protect your image and social standing.

3. Professional LAWYERS who deliver EXCELLENT results.

WE ASSIST YOU immediately in cases of detention. More information HERE.

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