Important: This article is a historical publication from 2016 on the rights of detainees, emergency legal assistance, and pretrial detention in accordance with Article 520 of the Criminal Procedure Act. Since then, the subject matter may have been subject to changes in legislation, case law, or practice.
The arrest of an individual is a particularly sensitive situation, in which it is essential to be aware of the arrested person’s rights and to have legal assistance from the very beginning. The involvement of a criminal defense attorney ensures that the arrest is conducted in accordance with legal safeguards and that the arrested person can properly exercise their right to a defense.
This article presents a publication on emergency assistance for detainees, focusing on the rights recognized by the Criminal Procedure Act and on the importance of receiving specialized legal advice in the immediate moments following detention.
Emergency Assistance for Detainees: Rights and a Criminal Defense Attorney. 24 hours
Legal representation in cases of arrest is particularly important because the initial steps taken can have an impact on the subsequent course of the criminal proceedings. Before making a statement, signing documents, or making any decision, it is advisable to seek legal advice and understand the scope of your legally recognized rights.
In criminal matters, a swift response should not be confused with hastiness. Having a lawyer involved allows for an analysis of the situation, a review of the alleged facts, verification of the legality of the arrest, and assistance to the detainee at the police station or in court.
Pretrial Detention. Article 520.1 of the Criminal Procedure Act
The article 520.1 of the Criminal Procedure Code provides as follows:
1. Pretrial detention may not last longer than is strictly necessary to conduct the investigations aimed at clarifying the facts.
2. Within the time limits established in this Act, and in any event within a maximum of seventy-two hours, the detainee must be released or brought before a judicial authority.
3. Arrest and pretrial detention must be carried out in a manner that causes the least harm to the arrested or detained person’s person, reputation, and property.
4. The constitutional rights to honor, privacy, and public image of such individuals shall be safeguarded, while respecting the fundamental right to freedom of information.
This provision emphasizes that pretrial detention may not be extended beyond the time strictly necessary. The detained person must be released or brought before a judge within the time limits established by law, and always with due respect for their fundamental rights.
The reference to the detainee’s person, reputation, and property demonstrates that deprivation of liberty does not eliminate the duty to respect the detainee’s dignity, image, privacy, and constitutional rights. Therefore, legal assistance is essential to ensure that the detention is carried out in accordance with the safeguards provided by law.
Rights of the Detained Person
The rights of detainees are governed by Article 520 of the Criminal Procedure Act. That provision states the following:
“Any person who is detained or imprisoned shall be informed in writing, in plain and accessible language, in a language they understand, and immediately, of the charges against them and the reasons for their detention, as well as of their rights, and in particular the following:
a) The right to remain silent, to refuse to make a statement if they do not wish to, to refuse to answer any or all of the questions asked of them, or to state that they will only make a statement before a judge.
b) The right not to testify against oneself and not to admit guilt.
c) The right to appoint an attorney, without prejudice to the provisions of Article 527(1)(a), and to be assisted by that attorney without undue delay. If, due to geographical distance, legal assistance is not immediately available, the detainee shall be provided with the opportunity to communicate with counsel by telephone or videoconference, unless such communication is impossible.
d) The right to access the elements of the proceedings that are essential to challenging the legality of the arrest or deprivation of liberty.
e) The right to have a family member or person of their choice notified, without undue delay, of their deprivation of liberty and the place of custody where they are being held at any given time. Foreign nationals shall have the right to have the aforementioned circumstances communicated to the consular office of their country.
f) The right to communicate by telephone, without undue delay, with a third party of their choice. This communication shall take place in the presence of a police officer or, where applicable, an official designated by the judge or prosecutor, without prejudice to the provisions of Article 527.
(g) The right to be visited by the consular authorities of one’s country, to communicate with them, and to correspond with them.
h) The right to be assisted free of charge by an interpreter in the case of a foreign national who does not understand or speak Spanish or the official language of the proceedings in question, or in the case of persons who are deaf or hard of hearing, as well as other persons with language difficulties.
(i) The right to be examined by the medical examiner or his or her legal substitute and, failing that, by the medical examiner of the institution where the person is located, or by any other medical examiner employed by the State or other public administrations.
(j) The right to request free legal aid, the procedure for doing so, and the conditions for obtaining it.”
Information regarding rights must be provided immediately, in a clear and accessible manner. This is not a mere formality, but a fundamental safeguard to ensure that the detained person understands their situation and can make decisions with adequate legal assistance.
Among these rights, the right to remain silent, the right not to testify against oneself, the right to appoint an attorney, and the right to be assisted by an interpreter when necessary are particularly important.
The right to remain silent and not to testify against oneself
The right to remain silent allows a detained person to refuse to make a statement if they do not wish to do so, to refuse to answer certain questions, or to state that they will only make a statement before a judge. This guarantee is directly linked to the right to a defense and to the prohibition against compelling a person to testify against themselves.
For this reason, the decision to testify or remain silent should be made with caution and, preferably, after receiving legal counsel. In many cases, the attorney will be able to assess whether there is sufficient evidence to testify, whether it is advisable to wait until the court proceedings, or whether it is preferable to exercise the right to refuse to answer certain questions.
Right to Appoint an Attorney
The right to appoint an attorney is an essential safeguard for detainees. Legal representation allows detainees to receive legal guidance, understand the charges against them, and participate in the proceedings with greater confidence.
A lawyer may assist the detainee at the police station or in court, advise him or her before making a statement, ensure that legal safeguards are observed, and raise any relevant objections to defend the detainee’s rights.
In emergency situations, the speed with which a lawyer is appointed can be crucial. The detained person and their family members should know that legal assistance is not reserved for a later stage of the proceedings, but rather begins from the very first moments of the arrest.
Notification of Arrest and Consular Assistance
Article 520 of the Criminal Procedure Act also recognizes the right to have a family member or a person designated by the detainee notified of the detention and the place of custody where the detainee is being held.
In the case of foreign nationals, the law provides that the circumstances of their detention may be communicated to their country’s consular office. This safeguard is particularly important when the detainee does not speak the language, has no family ties in Spain, or needs additional assistance to understand the proceedings.
Interpreter assistance and consular communication are mechanisms designed to prevent situations in which a person is left defenseless and to ensure that the detained person fully understands their rights.
Medical evaluation and free legal assistance
The detainee also has the right to be examined by a medical examiner or the appropriate physician. This safeguard makes it possible to document the detainee’s physical condition and address any medical situation that requires intervention.
Furthermore, the detainee has the right to request free legal assistance, as well as to receive information about the procedure for doing so and the conditions for obtaining it. The existence of this right reinforces the idea that legal representation must also be guaranteed for those who lack sufficient resources.
Attorney and Assistance for Detainees
If you need help, we will respond immediately.
You will meet with on-call attorneys who specialize in criminal law and who will help you urgently assert the detainee’s rights:
- Top-tier professional attorneys with prior experience as judges, magistrates, and government attorneys, capable of handling any situation, no matter how difficult.
- Professional attorneys who are completely discreet and will protect your reputation and social standing.
- Professional attorneys dedicated to providing a rigorous criminal defense from the very beginning.
Assisting detainees requires speed, technical expertise, and the ability to act immediately. In these types of situations, the attorney must assess not only the statement but also the legality of the arrest, whether the rights recognized by law have been respected, and the most appropriate defense strategy.
Early intervention can be important both for the detainee and for their family members, who need guidance regarding the place of detention, the duration of detention, the possible appearance before a judge, and the subsequent steps in the proceedings.
Legal advice on criminal law and assistance for detainees
IN DIEM Abogados provides legal counsel on matters related to criminal law, representation of detainees, police and court statements, expedited trials, defense of individuals under investigation, precautionary measures, urgent criminal proceedings, and the protection of fundamental rights during detention.
Legal counsel may be essential for assessing the legality of an arrest, preparing a statement, requesting investigative actions, analyzing the possibility of release, challenging pretrial measures, and developing a criminal defense strategy from the very beginning.
Did you know that Abogados IN DIEM offers online and expedited services?
We offer our clients the option of receiving assistance via video call or videoconference, as well as by phone, depending on their preference, so that the assistance is as personalized as possible, provided immediately, and without the need to travel. This service is complemented by communication via email, which facilitates the review and delivery of documentation.
In addition, for businesses and individuals, IN DIEM Abogados offers urgent services and 24-hour support for matters that require a quick response.
Anything else about IN DIEM Lawyers? Here’s a short presentation video…
To acknowledge some of you, here’s this link.
You can find us in Seville, Madrid, Las Palmas de Gran Canaria, Málaga, Huelva, Punta Umbría, Tomares, Coria del Río, Dos Hermanas, Mairena del Alcor, Estepona, Marbella, and Mairena del Aljarafe. We look forward to serving you.
