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Witnessing a crime in Spain What should British nationals do?
The Spanish legal system can be complex for those unfamiliar with it and differs from other countries. One notable distinction is that private individuals in Spain can initiate criminal proceedings by informing the police about a crime they have witnessed.
Witnessing a crime in a foreign country adds an additional layer of complexity, particularly when unfamiliar with the local legal system. Understanding your obligations and rights, including when and how to report a crime, can prevent unnecessary complications.
This guide will explore what you should do if you witness a crime in Spain, including the procedure, your rights and legal obligations.
Click on the links below to jump to that section:
Find out what the term means and what to consider before making a written complaint in Spain.
Your rights and the procedure for reporting a Spanish crime as a witness.
What you will be required to do after reporting a crime as a witness in Spain.
Browse through our services and learn about the importance of cross-border lawyers (Abogados).
Read the most common queries on witnessing a Spanish crime.
What is Denuncia in Spain and how serious is it?
In Spain, you can play an active role in criminal proceedings by reporting crimes, either by filing a formal complaint (querella) or a report (denuncia).
A Denuncia is a written or verbal complaint lodged with the police, informing them of facts that may constitute a criminal offence. It is a key legal mechanism for initiating a police investigation and is used in a wide range of cases, from minor infractions to serious crimes.
This report can be made by a witness to a Spanish crime, either by phone, online, or in person. If you do not speak or understand Spanish, a translator will be supplied. Once a Denuncia is filed, the police will investigate the facts and gather witness statements to determine whether criminal charges should be brought.
Filing a Denuncia is not something to be taken lightly. Once you submit a formal complaint, the legal process is triggered, leading to a full criminal investigation and, potentially, a court case. Ensuring that all the facts are reported accurately is essential to avoid any potential legal complications.
What should you do after witnessing a Spanish crime?
If you witness a crime in Spain, your role may be pivotal in ensuring that justice is served. While the decision to report the crime may feel overwhelming, it is necessary and extremely important. Witnessing a crime and choosing not to report it could have serious consequences, both for the victim and the broader legal process, especially in serious cases.
The first step is to contact the police or emergency services by dialling 112 (this is the same number in other EU countries). Ensure you provide as much detail as possible about the incident, including the location, nature of the crime, a description of the offender, and details of any injuries to the victim or property damage. Prompt and accurate reporting is essential, as it allows the police to investigate while evidence is still fresh.
Your rights as a witness of a Spanish crime
As a witness, you have specific rights during this process. One of the most important rights for foreign nationals is the right to a translator if they do not speak or understand Spanish. This ensures that your statement is accurately recorded and you know the legal processes involved.
In addition, witnesses have the right to legal aid for guidance during the reporting procedure. This benefits those unfamiliar with the Spanish legal system and may require further advice regarding their statement.
Giambrone & Partners’ experienced cross-border lawyers (Abogados) can guide you through the process, ensuring that you understand your legal obligations and that your rights are upheld at every stage. Contact our lawyers to request a callback.
What are your legal obligations if you witness a crime in Spain?
Once a crime has been reported and the case moves forward, you may find yourself playing a critical role in the subsequent legal proceedings. In Spain, if a case goes to court, witnesses are called to give evidence.
Spanish law obliges witnesses to co-operate with the courts unless they are direct relatives of the accused. If you are summoned to court, failing to appear can result in legal consequences, including a fine of up to €5,000.
This obligation applies to both Spanish citizens and foreign nationals. As a witness, your testimony can be crucial in determining the outcome of a case, and the courts take the responsibilities of witnesses very seriously.
Making a false statement
It is also important to note that providing false information during this process is considered a criminal offence in Spain. Under Article 456 of the Spanish Penal Code, making a false statement can result in fines or even a prison sentence.
Before making a statement, it may be wise to consult a lawyer to ensure that your statement is clear, truthful, and aligned with the facts you remember.
How Giambrone & Partners can help
Giambrone & Partners is an international law firm well-versed in Spanish criminal law, offering services in the English language. Our lawyers have extensive experience working in cross-border cases. If you require guidance, our lawyers will communicate with you in your language and explain the international laws to remove any confusion.
If you have witnessed a crime in Spain and need legal advice, do not hesitate to contact us. Our team is available to provide expert guidance and help you navigate the Spanish legal system with confidence.
Contact our experienced lawyers to request a callback here.
Frequently asked questions
Can you report a crime in Spain from the UK?
Though it is much easier in person at a Spanish police station, there are ways to report the crime from the UK. Initially contact the Spanish police through the website, or alert the Spanish embassy in the UK. Similarly, provide as much detail as possible and keep all forms of communication, which may include emails or phone transcripts.
Find out more about how to report a crime in Spain and from the UK with our guide here.