Detainee Rights: Arrest, Legal Counsel, and Procedures

Warranties of Detention

The rights of detainees begin from the time of their arrest. Preventive detention may last no longer than strictly necessary to clarify the facts. In any case, the maximum duration is 72 hours, within which the detainee must be released or made available to the judicial authority. In terrorism cases, this period is extended to 5 days, and in cases of siege, up to 10 days.

When officials come to arrest, police must inform the detainee of the facts alleged against them, the reasons for their deprivation of liberty, and their constitutional rights. These rights are enshrined in Article 520 of the Code of Criminal Procedure:

• Right to remain silent: The detainee is not obligated to make a statement.
• Right not to self-incriminate: The detainee can plead not guilty.
• Right to appoint a lawyer: The detainee can request legal counsel during police and judicial proceedings.
• Right to inform family or a chosen person: The detainee can notify someone about their detention and custody location.
• Right to an interpreter: A foreign detainee who does not understand Spanish has the right to a free interpreter.
• Right to a medical examination: The detainee can be examined by a forensic doctor.

Article 520 also states that detention should be conducted in the manner least harmful to the detainee (520.1). In the case of minors or incapacitated individuals, their legal representatives must be notified (520.3). Officials must not make recommendations for the choice of lawyers (520.4). If the detainee requests a lawyer, the bar association must be informed. They will contact the lawyer, and if the lawyer declines, the association will assign one who must go to the police station as soon as possible, within a maximum of 8 hours.

Custody Safeguards (520.5)

No detainee may waive the assistance of counsel, except in cases classified as crimes against road safety.

Article 520.6

This article emphasizes two main goals: asserting the detainee's rights and providing technical legal advice to guide their defense.