STATEMENT of the SUSPECT or DETAINEE – 24-Hour Emergency Lawyer Hotline

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Practice Area: Criminal Law. Statements by Suspects and Detainees. Emergency Lawyer.

JUDICIAL STATEMENT of the SUSPECT (investigated party) or DETAINEE. CONSTITUTIONAL and Procedural RIGHTS.

I.- RIGHTS recognized by the CONSTITUTION

The suspect has the rights recognized in Article 24 of the Spanish Constitution, which implies:

1.- Right to a judge predetermined by law;

2.- Right to defense and legal assistance;

3.- Right to be informed of the accusation:

4.- Right to a trial without undue delays and with all guarantees

5.- Right to use relevant evidence for their defense

6.- Right not to testify against oneself, not to plead guilty, and

7.- Right to the presumption of innocence.

II.- RIGHTS recognized by Article 118 of the LECrim

Furthermore, in procedural law, the rights of the suspect are recognized in Article 118 of the LECrim, which includes:

1.- Right to be informed in comprehensible and accessible language of the facts imputed to the suspect, as well as any relevant change in the object of the investigation and the imputed facts.

2.- Right to examine the proceedings with due anticipation to safeguard the right to defense.

3.- Right to act in the criminal process to exercise their right to defense in accordance with the provisions of the law, from the attribution of the investigated criminal act until the extinction of the penalty.

4.- Right to freely appoint a lawyer, except in cases of incommunicado detention or pre-trial detention.

5.- Right to request free legal assistance, the procedure for doing so, and the conditions for obtaining it.

6.- Right to free translation and interpretation in accordance with the provisions of Articles 123 to 127 of the LECrim.

7.- Right to remain silent and not to make a statement if they do not wish to do so.

8.- Right not to testify against oneself and not to plead guilty.

III.- RIGHTS recognized by Article 520 of the LECrim

In addition to these rights that all suspects have, those provided for the detainee, recognized in Article 520 of the LECrim, must be added. Therefore, in addition to the basic rights of every suspect, the following apply:

1.- Right to legal assistance through the right to appoint a trusted lawyer who is present and assists them without unjustified delay, both in police and judicial proceedings.

2.- Right of access to the essential elements of the proceedings to challenge the legality of the detention or deprivation of liberty.

3.- Right to have the detention and the place of custody brought to the attention of a family member or person of their choice. If the detainee is a foreign national, they shall have the right for this communication to be made to the Consular Office of their country.

4.- Right to communicate by telephone with a third party of their choice, without unjustified delay, in the presence of a police officer or another person designated by the Judge or Prosecutor, as appropriate. The case of Article 527 of the LECrim is an exception.

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

6.- Right to be assisted free of charge by an interpreter, if they do not understand or speak Spanish or the official language of the proceeding in question, or in the case of deaf or hearing-impaired persons, or those with other language difficulties.

7.- Right to be examined by the forensic doctor or their substitute.

8.- Right to be informed, in comprehensible language accessible to their personal characteristics, of the maximum legal duration of detention until being brought before the judicial authority and the procedure by which they can challenge the legality of their detention.

9.- Right to have the information on rights provided through an interpreter, when they do not know the official language, with subsequent and immediate delivery of the written statement of rights in a language they understand.

In the case of a minor or judicially incapacitated detainee, the detention must be notified to those exercising parental authority, guardianship, or de facto custody. If they cannot be found, the Public Prosecutor’s Office will be immediately informed.

IV.- RIGHTS recognized by Article 527 of the LECrim

Article 527 of the LECrim provides for the possibility that, both before and after the first statement before the Investigating Judge, the suspect may privately meet with their lawyer. However, there are special provisions for cases of incommunicado detention.

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