Police Arrests in Spain: A Comprehensive Guide to Procedures and Limitations
Police Arrest
The obligation of all officers of the judicial police and other authorities expressly entitled to detain a person suspected of involvement in a criminal act during the time required for carrying out inquiries within the time prescribed by law, putting them under release or transfer to the judicial authority. No arrests are considered:
– Momentary interruptions of freedom of movement.
– The derivatives of alcohol tests.
– Body searches.
– The fixed assets resulting from vehicles.
The authorities or agents of the Judicial Police have a duty to stop (Article 492 CPP.):
– Anyone who is in any of the cases of Art. 490.
– To which he was prosecuted for a crime that has indicated in the CP than the penalty of prison correctional (up to 3 years). 3 requirements:
– It does not appear to presume that when he is called by a judicial authority.
– Take reasonable grounds for believing in the existence of a fact that the same type of crime.
– He believes that the person who was involved in attempts to stop the crime.
Not be stopped by simple mistakes, unless the defendant:
– Had no known address.
– Not enough security in the opinion of the authority or agent who tries to stop him.
3 key assumptions referred to art. 490: flagrancy, escape and rebellion.
Flagrante delicto: Crime is being committed or has just been committed when the offender/s are caught; caught in the act of committing the crime. Moreover, the law presumes in flagrante delicto, to action, when the persecution started immediately after committing the crime, if not last or suspends while the offender is not placed outside the immediate range, and also when committing a crime with effects, instruments or presumed vestiges participation.
Requirements:
– Immediacy temporary or committing a crime was committed moments earlier.
– Immediacy staff, the offender is there then in such situation with respect to the objects or instruments of crime that would provide proof of their involvement in the offense.
– Need urgent, for the circumstances in the particular case the police were obliged to intervene immediately to put an end to the situation, preventing the spread of evil.
Escape: The criminal establishment that is serving a sentence, the prison in which he is himself awaiting transfer to the. they should serve their sentences, the leak while driving when setting. prison and the escape of the detainee or prisoner by pending case.
Rebellion: The judicial declaration of rebellion must have as immediate consequence the adoption of the measures to the location of the individual subjected to proced, interesting driving arrest and legal presence (issue an arrest warrant and detention, if necessary). Requisitions are called.
Limitations on powers of arrest
King: absolute inviolability.
Ombudsman and Deputy: caught red-handed.
Deputies and Senators: caught red-handed, since immediately inform the Chairman of the House. To be charged and prosecuted is required authorization is needed thereof.
Members of the State Government and the autonomous regions: act.
Judges, magistrates and members of the M° Prosecutor: flagrante delicto or by order of a competent judge, giving an account of the arrest the Chief Justice or the Court having jurisdiction.
Foreign heads of state, diplomats, members of administrative and technical staff and members of their families who are not Spanish: detention in extreme situation of self-defense or necessity.
Military: service if they are carrying weapons only by their heads.
Presumed incompetent: judicial authorization.
Clerics and religious: inform the bishop’s arrest.
Guarantees of Detention Art. CPP 520
1. The arrest and detention should be practiced in the manner least harmful to the detainee or prisoner in his person, reputation and heritage.
2. All person arrested or detained shall be informed so that he understands, and immediately, the facts alleged against him and the reasons motivating their imprisonment, as well as attending to dchos and especially the following:
a. A undeclared silent unless you want to not answer any or some of the questions put to it, or say that only told the judge.
b. A not to incriminate himself or to confess guilt.
c. A Design Attorney and request his presence to attend the police and judicial proceedings for a declaration and engage in any recognition of identity that is the subject. If the detainee or prisoner shall not appoint a lawyer, will proceed to the designated office.
d. A is made available to the family or person you want, the fact of detention and place of custody in which he is at all times. Foreigners have the right to communicate the above apply to the consular post of his country.
e. A free assistance of an interpreter in the case of alien who does not understand or speak the Castilian.
f. A be recognized by a medical examiner or his legal representative and, failing that, by the institution where you are, or otherwise under the State or other Public Adm..
3. Si he is a minor or incapacitated, the authority in whose custody the prisoner is detained or imprisoned person shall report the circumstances of the arrest to those exercising parental authority, guardianship or custody of that fact and, if they were not found, you will find the M° Prosecutor. If the minor or incapacitated detainee was abroad, the fact of detention is automatically notify the consul of his country.
4. The officials refrain from making recommendations on selection of counsel, and communicated to the Bar his choice. If you choose not be appointed by the court by the College. The attorney must be submitted to the detention center as soon as possible and within a max. 8 h, measured from the time of communication to the said College.
If within a period of 8 h. communication to the Bar, does not appear unjustified. One lawyer in the place where the detainee or prisoner is found, may be carried into effect the declaration or recognition of the former, if he consents, without prejudice to their responsibilities in case of breach of its obligations by the assigned counsel.
5. NO however, the detainee or prisoner may waive the mandatory assistance of counsel if it were not for his arrest acts that might be defined solely as crimes against traffic safety.
* Although not expressly repealed by the LO 38/02 to amend the CPP, it is understood that in all cases will have to seek the assistance of counsel.
6. The Advocate assistance consists of:
a. Solicitar, where appropriate, be reported to the detainee or prisoner of dchos. established in 2 of this art. and to proceed to the medical examination prescribed in paragraph f).
b. Solicitar Judicial Authority or officer who had practiced the proceeding in which the lawyer was involved, once completed it, the declaration or extension of the ends which it sees fit, as well as the entry in the minutes of any incident occurring during practice.
c. Entrevistarse private with the detainee at the end of the practice of the proceeding in which one intervened.
Item 13 The procedure of Habeas Corpus
Section 17.4 CELA a process regulated by law. Habeas Corpus to produce the immediate availability court of any person illegally arrested.
People illegally detained:
a. Regardless Akhaians by an authority, agent thereof, func. public or private, notwithstanding the fact that the legal assumptions, or without having completed the formalities and requirements prevented by law.
b. Que are illegally detained in any facility or location.
c. Que it were for longer period than those stated in the Laws if after it, were not released or turned over to Judge closest. the place of detention.
d. Privadas of freedom to those who do not are respected dchos. that the EC and the procedural laws guaranteed to all detainees.
Jurisdiction on the application for Habeas Corpus:
– Trial Judge of the place where the person is deprived of liberty, if not it comprises, at the place where the arrest occurs, and in default of its predecessors, the place where they had the latest news on the whereabouts of the detainee.
– Central Examining Magistrate concerned, persons belonging to or associated with armed groups or terrorists.
– In the military courts, Judge Military Instruction judicial robes on where the arrest was made.
Entitled to call the procedure:
– The inmate, his spouse or person linked by similar emotional relationship, descendants, ascendants, brothers and, where applicable, in respect of minors and incompetent, their legal representatives.
– The M° Prosecutor .- The Ombudsman-lawyer Pueblo.
– It can also automatically initiate the competent judge.
Initiation of the hero:
– Automatically.
– By application or hearing, not being prescriptive intervention of Attorney or Attorney. They must include:
a. Names and circumstances of the applicant and the person for which application for judicial protection.
b. El in place who is deprived of the freedom, authority or person under whose custody is located, if known, and any circumstances that might be relevant.
c. El specific reason for requesting the Habeas Corpus.
When requesting proced. the governing authority, or agent thereof func. public, he shall immediately report to the attention of the competent judge.
The judge will consider the concurrence of the requirements for processing and will transmit it to M° Prosecutor. Then an order, agree its initiation, or deny the application as inadmissible. There is no appeal, except for amparo before the TC.
Within 24 h, counted since the order is issued to initiate proceedings, the judges will practice all the proceedings and make the appropriate decision:
– If you feel that there are none of the circumstances of illegal detention, remember the file of proceedings.
– If you think that if there is any of the cases, it will remember any of the following measures:
a. Free private bet, if it was illegally.
b. Que remain in detention, but in different setting or under the custody of different persons.
c. Que be immediately brought to justice (ie that had passed the time limit of detention).
Judge deducted testimony of individuals relevant to the prosecution and punishment of crimes have been committed by those who have ordered the arrest, or had the custody of the detainee.
In cases of crime of falsely reporting a crime or be deducted simulation also testimony of individuals in order to identify the corresponding criminal liability.
If you notice rash or bad faith will be condemned to the applicant to pay the costs.
TH 14 juvenile detention and treatment
Criminal responsibility of minors
LO 5 / 2000
The juvenile court may not impose a further action that imposes restrictions dchos tion even for a far longer than required by the M° Prosecutor or the private prosecutor. Not exceed the length of custodial measures referred to in AS 5 / 2000, never, how long it had lasted the imprisonment which he was imposed for the same act, if the subject, being an adult, had been held responsible, according to PC.
You must notify the fact of detention and place of custody to the legal representatives of the retail and M° Prosecutor.
The statement made by a minor is often called Exploration of Minor.
Within max. 24 hours, the youngest detainee must be released or available to the M° Prosecutor. For crimes of terrorism will be central competent Juvenile Judge.
When made available to the M° Prosecutor, this will be resolved within 48 hours after the arrest.
Size: Internment ERW. cerradoInternamiento ERW. semi.
Internment ERW. abierto.Internamiento therapeutic.
Treatment ambulatorio.Asistencia a day center.
Permanence semanaLibertad so guarded.
Cohabitation with another person, family or educational group.
Benefits for the benefit of the community may not be imposed without their consent.
Socioeducativas.Amonestación tasks.
Deprivation from driving mopeds or veh. motor, or the right to obtain, or administrative licenses for hunting or use any weapons.
Initiation of exp. Is for the M° Fiscal