Criminal Law

It means the court is investigating facts in which you may have been involved — not that you are guilty. As a suspect you have the right to know what you are accused of, to attend with a lawyer, to remain silent and not to incriminate yourself, and to an interpreter if you do not understand the language. Never give a statement without preparing it with your lawyer first.

To remain silent, to be assisted by a lawyer, to a free interpreter, to have a relative and, if you are a foreign national, your consulate informed, to be examined by a doctor and to access the parts of the file essential to challenge the arrest. Police custody must not last longer than necessary and at most 72 hours before you are brought before a judge. Unlawful detention can be challenged through habeas corpus.

When the unpaid tax exceeds €120,000 per tax and period, or €50,000 over four years for Social Security. The penalty is one to five years’ imprisonment plus a fine, on top of the debt. Fully regularising your position before being notified of an inspection or complaint removes criminal liability — so acting early matters.

Yes. Since 2010 companies are criminally liable for certain offences — tax fraud, fraud, money laundering, environmental crimes and corruption, among others — committed on their behalf and for their benefit by directors, or by employees who were not properly supervised. Penalties range from fines to dissolution. An effective compliance programme in place before the events can exempt the company from liability or reduce it.

A complaint (denuncia) is free, needs no lawyer and informs the police or court of the facts. Joining as a private prosecutor (acusación particular), through a querella or in proceedings already under way, lets you take an active part: request evidence, ask for assets to be frozen and claim your money back and compensation within the same case, without separate civil proceedings.

Within the EU, the European Arrest Warrant applies: a fast procedure decided by the National High Court (Audiencia Nacional) with limited grounds for refusal. For countries outside the EU, extradition requires a treaty or reciprocity, the acts must be a crime in both countries, and guarantees such as no death penalty apply; the National High Court decides and, ultimately, the Government. An Interpol Red Notice can lead to arrest in Spain and can be challenged before Interpol itself.

A criminal record can prevent the renewal of many residence permits and the grant of Spanish nationality, which requires good civic conduct. Records are cancelled between six months and ten years after the sentence has been served, depending on its seriousness. In addition, a foreign national sentenced to more than one year in prison may have the sentence replaced by expulsion. That is why immigration consequences must be considered in any criminal case.

The investigation phase has an initial time limit of twelve months, which can be extended by periods of up to six months in complex cases. Then comes the trial and any appeals, so a complex economic case can take several years. Delays not attributable to the defendant can reduce the sentence (undue delay mitigation). Many cases are resolved earlier through a plea agreement or by compensating the victim.