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Arrested in Spain Common Crimes to Be Aware Of
Being arrested in any foreign country can be a daunting experience; whether it was justified or not, being arrested in Spain can come with communication problems and travel implications. Sometimes, tourists may believe that their behaviour does not amount to crime, but will nevertheless face legal action. If you find yourself involved with a legal issue abroad, seeking help from a lawyer experienced in Spanish law will help.
In this comprehensive guide, learn the main reasons British nationals are arrested in Spain with examples of serious crimes and the laws to be aware of concerning drugs in Spanish regions. We will also explore the process of arrest for British nationals in Spain, and how lawyers, such as our cross-border teams at Giambrone and Partners, can help.
Click on the links below to jump to that section:
Discover why tourists are arrested in Spain
Find out more about serious crimes in Spanish regions
Laws on drugs in Spain may differ from the UK, so it is important to make yourself aware of the differences
These processes are currently in place if you are arrested in Spain
Discover how legal advice could be invaluable if you are arrested in Spain
Here is how we can help:
What are the Main Reasons British nationals are Arrested in Spain?
There are various reasons why British nationals may face arrest in Spain, including:
- Drunkenness and alcohol-related offences: anyone considered to be drunk and disorderly in the street could face arrest if they become a public nuisance
- Anti-social behaviour: vandalism, public disturbances and disrespecting local customs can lead to arrest
- Drug use and possession: possessing hard drugs is a criminal offence in Spain and can result in an arrest
- Driving under the influence of drugs and alcohol: Spain have strict drink-driving laws, so being caught driving under the influence of drugs or alcohol can have serious consequences
You can find out more about the various reasons tourists are arrested in Spain in our previous guide.
What is Considered a Serious Crime in Spain?
Serious crimes in Spain are any offences that cause and/or involve significant harm or threat. Most serious offences (delitos) include:
- Murder or manslaughter
- Arson that threatens or harms human life
- Treason
- Rape
- Terrorism offences
Penalties for serious crimes include a prison term that exceeds five years or more, a suspension of employment or a travel ban that prevents the perpetrator from leaving the country. If you are a British national who has returned home after an incident, you could even be extradited to Spain to face charges.
If you find yourself arrested for a crime, whether a serious or minor crime, seeking legal assistance from Spanish criminal lawyers can help you obtain the best outcome as they have a full understanding and comprehensive knowledge of the law and fluency in the Spanish language.
You can contact our Spanish criminal lawyers here.
Drug Offences in Spain: Laws to be Aware Of
Like most countries, Spain has restrictions and tolerances when it comes to drug use and trafficking. Cannabis, for example, can be used recreationally, so long as it is done in private. However, selling, importing and growing the drug in public is a criminal offence and can result in confiscation, fines and possibly a prison term.
Other illegal drugs have their own sanctions, depending on the class of the drug and whether you are caught selling or in possession of the drug. Most drugs, such as heroin or cocaine, are illegal to personally use, and come with heavy penalties if you are caught distributing the drugs.
What Happens if a British National is Arrested in Spain?
If you are ever arrested in Spain, you will be informed of the reason for your arrest and your rights before being taken to the local police station. You have the right to contact the British Consulate, and you can only be detained for up to 72 hours before facing a judge, being released with no further action or being released on bail.
Upon arrest, you will also have the right to an interpreter and legal representation/advice. If you cannot afford a lawyer, one will be provided for you. Your lawyer, or the British Consulate, can inform your family of your arrest and provide you with useful advice. The British Consulate can also visit you in detention to check on your welfare.
At Giambrone and Partners, our lawyers can provide expert advice, communicating with police and other law enforcement to avoid any translation issues. You can find out more about your rights if you are arrested in Spain here.
How Can Lawyers Help Me If I Am Arrested in Spain?
Seeking legal advice if you are arrested in Spain is invaluable, especially if you are not familiar with the language and law. Spanish criminal lawyers can ensure there is no mis-communication, making processes less stressful at a difficult time. Lawyers can also:
- Fully explain your rights, although your rights should be communicated to you upon arrest, lawyers can ensure you fully understand your right to remain silent, to legal representation, and to contact the British Consulate
- Navigating the Spanish legal system - criminal law in Spain can be difficult to understand. Lawyers who are well versed in Spanish law can be a great help throughout the legal process from arrest to court appearances.
- Breaking the language barrier: a lawyer who speaks both English and Spanish can ensure important details don’t get lost in translation
- Dealing with police questioning: a lawyer can advise on how you should respond to police questioning so that you can avoid incriminating yourself
You can discover more information about being arrested and detained in Spain on the Government’s website.
How Giambrone and Partners Can Assist
If you need legal assistance following an arrest in Spain, our Spanish criminal lawyers at Giambrone and Partners can provide expert support at a difficult time. Fluent in both English and Spanish language and law, our lawyers have years of experience helping individuals navigate the Spanish legal system and get the results they deserve.
Get in touch today for a free consultation.