Sometimes foreigners in Spain are involved in criminal proceedings or on the verge of being in criminal troubles. Obviously, they are not familiar with our criminal procedure. If you or a close relative are criminal trouble, you must read this article.
Detention
Criminal proceedings begin when the person is detained and driven to the Police Station. There, the detainee will be under arrest up to he is brought to the Court.
Although the time of arrest cannot exceed 72 hours, a recent judgement coming from Constitutional Court held that the Police is not allowed to retain the detainee beyond the time absolutely necessary. So it is usual the detainee is taken to Court in a short period of 24 hours from the detention.
Statement at the Police Station
After having done all mandatory identification protocol, the detainee is instructed on his fundamental rights, helped by an interpreter whether the suspect does not speak Spanish. Among those rights, it is worth mentioning the following ones:
- Right to be examined by Doctor or medical services at hospital. It is highly advisable to ask for this examination, particularly if the detainee shows signs of violence or injuries.
- Right to advise your nearest Consulate about the fact of your detention. Unless you consider you are mistreated or victim of police brutality, this is an ineffective right, that usually does not produce any benefit for the detainee.
- Right to call one person so as to inform on the fact of the detention. The detainee never makes this call, but the Police. He only provides the name and telephone number of such a person that will be called by the Police.
- Right to appoint a lawyer; otherwise will be appointed at State’s expenses. In contrast to Common Law, according to our legal system, you are not allowed to defend yourself. If you do not remember your lawyer’s telephone number, provide at least his/her professional details. Police will try to find him from its database
if such a lawyer practises law in the local area. It is worth being mentioned, that the appointed lawyer must appear to the detention center within the following 8 hours from the police call. Since the detainee usually has not got the information about a lawyer at hand, sometimes it is the detainee’s family who calls a lawyer. If the person who calls the lawyer is in the Police Station, it is recommendable to advise the Police not to appoint a lawyer at State’s expenses and wait for that specific lawyer. Otherwise, they will begin the interrogation.
Must the detainee state at the Police Station?
As in all Western countries, the statement before the Police is a fundamental right, not an obligation. We recommend clients not to state at the Police Station due to an important reason: the lawyer at the Police does not know the details of the alleged crime. Lawyers only know the kind of crime and less more; they cannot access to the police file yet, so it is difficult to draw a strategy to be developed in further stage of the proceedings. Take into account that everything you say at that moment will condition your future position. Lawyer’s mission at that stage mainly consists in avoiding any police misconduct towards the client.
Since the Police is aware of the lawyers’ usual recommendation, they will try to convince you to state there. Sometimes, they use the trick of good cop, bad cop. First, a cop advise angrily you to keep detained until next day; secondly another cop -the good one- will try to convince you to state so as to avoid the detention. In light of this situation, the detainee often surrenders to the pressure and, finally, states. You could have a private interview with your lawyer but shortly after your statement, not before.
Before the Court
Usually the same day of police detention or the next day morning, the detainee will be driven to the Court. Most of detainees can be released without bail, after the statement before the judge takes place but under the obligation to appear in Court on the day of the trial and whenever the Court considers. At this stage, your lawyer could see your file (police report) before you state and talk to you, unless the file exceptionally is declared as secret. He can advise you to state or not to do it, and on what could be the best strategy to afford your case. Exceptionally, magistrates can grant bail or decide the person charged with the offence to keep in custody in prison.
Summary cases (delitos menos graves) handles over 80-90 per cent of all criminal matters. Sometimes magistrates can pass a sentence the same day of your first appearance at Court, even though the enforcement will not be immediate.
Public Defender or Private Lawyer?
In Spain, a lawyer purporting to be Public defender must pass some exams and justify an experience period of several years (2 or 5 depending on the kind of proceedings). Conversely, Private Lawyer has only to meet a minimum requirements to practise law. Despite that, Public Defenders have an undeserved bad name. I was Public Defender for 10 years and can confirm that most of Public Defenders develop his/her work at a very high level of professional excellence even though have often to deal with several detainees the same day and appear before the judge many times in that frantic morning. For these reasons, Private Lawyer can deploy his/her professional services in a less hostile environment and concentrate on his/her unique client.
At any case, if you can’t afford the Private Defender’s fee, do not worry because you will have a free, highly trained professional at your disposal.
Is it mandatory to appear at the trial?
Unless the alleged criminal offence could be sentenced to more of two years’ imprisonment, you have not the obligation to appear in Court, but proceedings will continue in absence and you will be try anyway, for which it does not use to be the best decision you can make.
Article by Antonio Rodríguez Pedro Bernal
Antonio Pedro Rodríguez Bernal is an experienced attorney in the criminal jurisdiction. He has sucessfully defended clients in crimes concerning alleged manslaughter and murder, against public health (drug trafficking), against property (theft, undue appropriations), against sexual freedom, crimes against the Spanish Historical Heritage, driving under the influence (DUI), theft, domestic violence, economic crimes, smuggling and in all kinds of crimes and misdemeanours, both before the first instance criminal courts, provincial hearings, jury courts and the Supreme Court. Ha has intervened and intervenes in cases with big media impact.
He speaks Spanish as his mother tongue, English and French as his working languages, and Hungarian.
Contact at:
info@rodriguezbernal.com
Tel: +00 34 627 538 370
On April 7, attorney Antonio Pedro Rodríguez Bernal, Director of this law firm, will deliver a lecture at the 6th International Congress on Human Rights and Globalisation on The Application of International Human Rights Standards in Extradition Proceedings before Spanish Courts. During his presentation, he will analyse the implementation of fundamental principles—such as the European Convention on Human Rights and other international treaties—in extradition processes in Spain, highlighting relevant case law and the impact of decisions of the European Court of Human Rights.
The speaker will address the challenges faced by Spanish courts in ensuring that the fundamental rights of requested persons are not violated, particularly the principle of non-refoulement and the right to a fair trial. Rodríguez Bernal will underline the importance of ensuring that extradition proceedings fully comply with international standards, safeguarding the dignity and rights of the individuals involved and promoting a fair and equitable system of international justice.
Antonio Pedro Rodríguez Bernal is an experienced lawyer in the field of criminal law. He has a solid track record defending cases involving crimes against life (homicide and murder), drug-related offences (drug trafficking), property crimes (robbery, theft, fraud, embezzlement), sexual offences, crimes against historical heritage, as well as all types of offences and misdemeanours. He has appeared before Criminal Courts (Juzgados de lo Penal), the Provincial Court (Audiencia Provincial) in serious cases, and the Jury Court (Tribunal del Jurado), including matters that have attracted media attention.
Recovering Stolen Cultural Property: the Louvre Case and European Law
Intro: The recent theft at the Louvre Museum has reignited the debate on how effective international and EU legal instruments are in recovering stolen cultural property. On Europa Abierta (RNE), attorney Antonio Pedro Rodríguez Bernal, director of Rodríguez Bernal Abogados, outlines the key legal mechanisms.
An emblematic case that stress-tests the rule of law
The spectacular theft of historical jewels from the Louvre’s Galerie d’Apollon shocked the art world and put Europe’s protection and restitution systems to the test. In his interview with RNE, Mr Rodríguez Bernal explains how international law addresses these offences and the EU’s role in recovering stolen heritage.
“Cultural heritage does not belong to a single museum or country: it belongs to humanity.”
The three legal pillars of restitution
- UNESCO 1970 Convention — prevention, administrative cooperation, and return of illicitly exported objects. Official text: UNESCO 1970.
- UNIDROIT 1995 Convention — civil restitution of stolen or illicitly exported cultural objects and buyer’s due diligence. Text: UNIDROIT 1995.
- Directive 2014/60/EU — harmonised restitution procedures between EU Member States (action within 3 years of discovery; 30-year long-stop). Text: Directive 2014/60/EU.
These are complemented by Regulation (EU) 2019/880 on the import of cultural goods, introducing, as of 2025, an EU-wide electronic licensing and importer-declaration system to strengthen traceability of artworks entering the Union.
Due diligence and cooperation: where effectiveness happens
- Market due diligence (provenance checks, stolen-objects databases, valid export certificates).
- Interoperable registries and inventories (INTERPOL, EUROPOL, national inventories).
- Administrative and judicial cooperation between States (within the EU via the IMI system).
As Mr Rodríguez Bernal notes: “Laws alone are not enough; we need international cooperation, up-to-date registers, and a culture of traceability.”
Resources & links
- Law firm: Rodríguez Bernal Abogados — more publications.
- RNE interview: Europa Abierta — RTVE.
- UNESCO 1970: Official text
- UNIDROIT 1995: Convention text
As every year, Carlos III University of Madrid will offer the Master’s Degree/Specialization Diploma in Art Market Law, taught by legal experts in the field, including the director of this law firm, Antonio Pedro Rodríguez Bernal.
The program offers 20 places, is held at the Puerta de Toledo Campus (Madrid), and consists of 30 credits. The opening date for the 2024/25 academic year is scheduled for December 14, 2024.
The Specialization Diploma in Art Market Law is aimed at Law graduates who wish to acquire theoretical and practical knowledge of Art Law in order to provide legal advisory services both in law firms and to art market agents. There are 20 places available, and the program is offered both in person and online.
The admission period is now open. Entry requirements can be consulted by following this link.
Last Friday, I visited the Faculty of Law at the University of Málaga to see my professor, John Brebner, director of the English Law Courses organized by the University of Málaga for several years, which I attended, earning four diplomas that I treasure as some of the most useful and practically valuable qualifications I have obtained throughout my professional career. It feels like only yesterday, but the last of these diplomas dates back to 2019, titled Professional English Law. The arrival of the pandemic, with the closure of educational institutions, and an unforgivable oversight meant that by 2024, that diploma was still neither in a folder nor hanging on a wall.
I was pleased to see that the professor remains tireless in his teaching duties. John Brebner is no ordinary professor. Not only can he boast an outstanding academic and professional career, but above all, he is someone who, after many years of practice in the real world of Law and International Trade, truly enjoys teaching—and transmits that passion to his students.
This year, the English Law courses are considerably more ambitious, offering Law degree students, while they pursue their studies, parallel training that will allow them to gain in-depth knowledge of English Law, reach a C2 level in English, a C1/C2 level in a third language (French, German, or Italian), and sit the admission exams organized by the Law Society to qualify as a Solicitor and practice in England and Wales. The program would lead to the Dual Professional Qualification Lawyer/Solicitor and the AGL accreditation of Global Lawyer.
More information at this link.
In addition, practicing professionals—such as myself—can take the English Law for Professionals courses, to acquire over two years the basic knowledge and skills related to English Law and, for those who wish, specific preparation for the two parts of the Solicitors Qualifying Examination (SQE1 and SQE2) during the following year.
More information at this link.
Regardless of the qualification itself or the value one chooses to assign to the diplomas (I have many, some very expensive, and they have served me no purpose), I want to highlight some of the benefits that these four years of courses have brought me:
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Being able to speak professional English correctly and obtaining a C1 certificate, despite being absolutely hopeless with languages.
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Understanding the Anglo-Saxon legal system, particularly Common Law and Equity Law.
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Interconnecting different legal systems, extracting—at least from a philosophical perspective—the best from each.
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Implementing in my daily practice the methods and codes of British lawyers. One should always take the best from each tradition. Believing oneself to be the center of the universe only diminishes us.
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And above all, fully understanding the film Witness for the Prosecution, the masterpiece by Billy Wilder, which inspired me to study Law and become a criminal lawyer, like Charles Laughton.
Beyond the knowledge these courses may encompass, it is a true privilege to have them taught by a genuine institution such as John Brebner. A role model for all. I could not help but write these lines.
On June 20, 2025, the director of this office, Antonio Pedro Rodríguez Bernal, published a study in the prestigious Electronic Journal of International Studies (REEI) of the Spanish Association of Professors of International Law and International Relations.
The published study addresses the use of dual nationality as a geopolitical tool in the countries of Central and Eastern Europe.
This study analyzes how dual nationality has evolved from being a marginal concept in international law to becoming a powerful geopolitical tool, especially in the countries of Central and Eastern Europe (CEECs). Hungary, Romania, and Bulgaria are some of the countries that have granted citizenship to ethnically related populations in neighboring countries. Following the Russian-Ukrainian conflict and Russia’s policy of granting nationality to Russian minorities outside its territory, similar patterns to those of Hungary, Romania, and Bulgaria become evident.
The study reviews the legal and doctrinal foundations of the right to nationality and plurinationality, the dangers of its use based on ethnic criteria, and how this practice has been instrumentalized to create a “supranation” that extends the influence of the issuing state beyond its borders.
The text also exposes the historical evolution of dual nationality regulation in Europe, from its rejection after the World Wars, through a stage of permissiveness associated with economic development and European integration, to a recent stage of crisis and conflict, in which nationality becomes a geopolitical tool of power and cultural influence.
Translated with Google
On April 7, attorney Antonio Pedro Rodríguez Bernal, Director of this firm, will give a lecture at the VI International Congress on Human Rights and Globalization on the Application of International Human Rights Standards in Extradition Proceedings Before Spanish Courts. During his presentation, he will analyse the implementation of fundamental principles, such as the European Convention on Human Rights and other international treaties, in extradition proceedings in Spain, highlighting relevant jurisprudence and the impact of decisions of the European Court of Human Rights. Mr. Rodriguez Bernal will pay attention to all the extradition procedures where he has intervened in.
The speaker will address the challenges faced by Spanish courts in ensuring that the fundamental rights of those sought are not violated, particularly the principle of non-refoulement and the right to a fair trial. Rodríguez Bernal will emphasize the importance of ensuring that extradition procedures fully respect international standards, protecting the dignity and rights of the individuals involved, and promoting a fair and equitable international justice system.
Antonio Pedro Rodriguez Bernal is an experienced lawyer in the criminal jurisdiction. He has competently defended in crimes against life (homicide and murder), against public health (drug trafficking), against property (robbery, theft, fraud, misappropriation), against sexual freedom, crimes against historical heritage and in all kinds of crimes and misdemeanors, both before Criminal Courts, as before the Provincial Court in serious cases and before the Jury Court, even in matters that had some media impact. He has accumulated a vast experience in extradition procedures.
[Translation done with Google Translate]
The development of new technologies, globalization of the economy and the pandemic have caused great changes in our lives and in our way of understanding work. We easily “knocked down” the walls of our offices and learned to organize our workday from home. Companies have had to adapt to the new reality and teleworking has become in some sectors the optimal option to maintain and increase productivity.
These changes generated a rapid response in the Recovery, Transformation and Resilience Plan and in the Strategy of the Spanish Entrepreneurial Nation, which includes, among other measures: support for entrepreneurship, development of financial instruments to boost initial investment and the creation of startups in disruptive technologies.
On December 22, Law 28/2022, also known as the Start-up Law, was published in the Official State Gazette, the purpose of which is to support the creation and growth of emerging companies and the establishment in Spain of both entrepreneurs and of workers known as “digital nomads.” This law introduces a new type of visa and residence and work authorization (for international teleworking) within those regulated by Law 14/2013, of September 27, known as the Entrepreneurs Law.
The new visa for teleworkers (Digital Nomads) is aimed at non-EU citizens who work remotely for foreign companies, both as employees and as self-employed, and want to reside in Spain. The visa for digital nomads will allow you to live for one year in Spain, then you can apply for 3-year residency with a subsequent 2-year renewal, “as long as the conditions that generated the right are maintained.”
[Translation done with Google Translate]
Law 20/2022, of October 19, on Democratic Memory, was definitively approved on October 5 and came into force on October 21, 2022.
The new Law grants a period of two years (until October 21, 2024) to submit nationality applications, with the possibility of a one-year extension.
According to the digital newspaper The Objective, “The Minister of Foreign Affairs, José Manuel Albares, sent an internal circular to the country’s embassies and consulates, in which he advises them to be ready for the “significant volume” of nationality applications.”
“Likewise, an information brochure is being prepared that will be distributed in PDF format to the Consular Offices so that they can print it and distribute it among interested people. It is also recommended to carry out informative actions, once the aforementioned Law comes into force, with the Spanish groups, associations and institutions that may exist in that consular demarcation, as well as, if any, with the Council of Spanish Residents,” José stated. Manuel Albares.
[Translation done with Google Translate]
The Regional Economic-Administrative Court of Andalusia (Deconcentrated Chamber of Málaga), dated September 26, 2024, has resolved to CANCEL a resolution issued by the Customs and IIEE Unit of Málaga by which it declared a very serious administrative infraction committed by painting smuggling, in accordance with article 11.1, in relation to 2.2 a) of the Organic Law 12/1995, of December 12, on the Repression of Smuggling, imposing on the alleged offender a monetary fine of 55,000.00 euros, as well as the confiscation of the seized merchandise, a situation that the Administration itself valued at €20,000.00.
This resolution fully upholds the claim filed by the director of this office, Antonio Pedro Rodriguez Bernal, who maintained that the contested resolution, among other reasons, lacked sufficient motivation. He had unexpectedly evaluated the seized painting without showing the administrator the reasons for said evaluation. , which violated their right to challenge the rulings, causing severe defencelessness.
Article 11.1, in relation to 2.2 a) of LO 12/1995, of December 12, on the Repression of Smuggling, punishes those who export goods that make up the Spanish Historical Heritage without the authorization of the competent Administration when this is necessary. . Furthermore, this sanction entails, in accordance with article 5.1 of said law, the confiscation of the “goods that constitute the object of the crime.”
It is common for owners of paintings or other works of art that are more than 100 years old or registered in the General Inventory of Movable Property to be unaware of the obligation to request an export permit before moving the piece to another country. However, the disproportionate consequences – and gigantic fines – that this omission entails (in most cases attributable to understandable ignorance and not to the bad faith of the administrator) requires that the exercise of the administration’s sanctioning power must be subjected to scrupulous analysis in each specific case.
Antonio Pedro Rodríguez Bernal is a recognized specialist in the law applicable to the Art Market, Historical Heritage and Antiquities. He has participated in numerous international transactions involving valuable works of art, either as counsel for the parties or for the participating dealers. Frequently invited to radio and television programs or interviewed in the written press to discuss current issues related to Art Law, Historical Heritage and Antiquities. As a trial lawyer he has directed and directs numerous matters in both the criminal and contentious-administrative jurisdictions. He is a professor in the Master of Specialist in Art Market Law taught by the Carlos III University of Madrid.
[Translation done with Google Translate]
On August 5, the director of this office, Antonio Pedro Rodríguez Bernal, was interviewed on the Antena 3 Noticias 1 program regarding the alleged crime against historical heritage committed by a resident of Jaén, who had thrown water on cave paintings in order to obtain clearer photographs.
The investigation began last May, when Agents of the Nature Protection Team of the Civil Guard (SEPRONA) learned of the publication on social networks of photographs in which wet cave paintings can be seen. The Facebook profile itself in which the images were uploaded indicated the exact location where they had been taken, in the Sierra Sur of Jaén.
Although it may seem like an isolated practice, according to the Civil Guard agents, it is a reckless act that some hikers and enthusiasts who walk through the shelters of the Alto Guadalquivir carry out more frequently than would be desirable, since many people are unaware of the serious damage that these actions cause in historical sites such as those of the Alto Guadalquivir.
After contrasting the facts, the SEPRONA is investigating a resident of the Jaén town of Los Villares, aged 39, as the alleged perpetrator of a crime against historical heritage, acting recklessly, on repeated occasions, causing damage to various cave paintings. The Civil Guard also wants to highlight the enormous damage that this type of action can cause:
“When water is applied to the paints, the salts dissolve and when the water evaporates, the salts precipitate on the surface, covering the paints with a whitish crust, which affects the pigments and causes irreparable damage”.
You can see the report of the event and excerpts from the interview in this video:
