1. The arrest and provisional prison they must be practiced in the way that least harms the detainee or prisoner in his person, reputation and patrimony. Those who agree to the measure and those in charge of carrying it out, as well as subsequent transfers, will ensure the constitutional rights to honor, privacy and image of those, with respect to the fundamental right to freedom of information.
Preventive detention may not last longer than the time strictly necessary to carry out the investigations aimed at clarifying the facts. Within the terms established in this Law, and, in any case, within a maximum period of seventy-two hours, the detainee must be released or placed at the disposal of the judicial authority.
The attestation must reflect the place and time of the arrest and the release to the judicial authority or, where appropriate, the release.
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2. Every detained or imprisoned person will be informed in writing, in a simple and accessible language, in a language that they understand and immediately, of the facts attributed to them and the reasons for their deprivation of liberty, as well as the rights that assist you and especially the following:
a) Right to remain silent, not testifying if they do not want to, not to answer one or more of the questions that they ask, or to state that they will only testify before the judge.
b) The right not to testify against oneself and not to confess guilt.
c) Right to designate a lawyer, without damage of the provisions of section 1.a) of article 527 and to be assisted by him without undue delay. In the event that, due to geographical remoteness, the assistance of a lawyer is not immediately possible, the detainee will be provided with telephone or videoconference communication, unless said communication is impossible.
d) Right to access the elements of the proceedings that are essential to challenge the legality of the detention or deprivation of liberty.
e) The right to have the family member or person of their choice informed, without undue delay, of their deprivation of liberty and the place of custody where they are at any given time. Foreigners will have the right to have the above circumstances communicated to the consular office of their country.
f) Right to communicate by telephone, without undue delay, with a third party of their choice. This communication will be held in the presence of a police officer or, where appropriate, the officer designated by the judge or the prosecutor, without prejudice to the provisions of article 527.
g) Right to be visited by the consular authorities of their country, to communicate and maintain correspondence with them.
h) Right to be assisted free of charge by an interpreter, in the case of a foreigner who does not understand or speak Spanish or the official language of the performance in question, or of deaf or hearing impaired people, as well as other people with language difficulties.
i) Right to be recognized by the forensic doctor or his legal substitute and, failing that, by the institution in which he is located, or by any other employee of the State or other Public Administrations.
j) Right to request free legal assistance, procedure to do so and conditions to obtain it.
Likewise, you will be informed of the maximum legal term of the detention until it is made available to the judicial authority and the procedure through which you can challenge the legality of your detention.
Where a bill of rights is not available in a language the detainee understands, the detainee will be informed of his rights through an interpreter as soon as possible. In this case, the written declaration of rights must be delivered to him subsequently and without undue delay in a language he understands.
In all cases, the detainee will be allowed to keep in his possession the written declaration of rights during the entire time of detention.
2 bis. The information referred to in the previous section will be provided in an understandable language that is accessible to the addressee. For these purposes, the information will be adapted to your age, degree of maturity, disability and any other personal circumstance from which a limitation of the ability to understand the scope of the information provided may derive.
3. If the detainee is a foreigner, the consul of his country will be informed of the fact of his detention and the place of custody and he will be allowed to communicate with the consular authority. In the event that the detainee has two or more nationalities, he may choose which consular authorities must be informed that he is deprived of liberty and with whom he wishes to communicate.
4. If it is a minor, it will be made available to the Minors Sections of the Prosecutor's Office and the fact and the place of custody will be communicated to those who exercise parental authority, the guardianship or the de facto custody thereof, as soon as there is evidence of the minority.
In the event of a conflict of interest with those who exercise parental authority, guardianship or de facto custody of the minor, a judicial defender will be appointed who will be informed of the fact and the place of detention.
If the detainee has his capacity judicially modified, the information provided for in section 2 of this article will be communicated to those who exercise guardianship or de facto guardian of the same, informing the Public Prosecutor.
If the detained minor or with legally modified capacity were a foreigner, the fact of the arrest will be notified ex officio to the Consul of his country.
5. The detainee will freely designate a lawyer and if he does not do so, he will be assisted by a public defender. No authority or agent will make any recommendation on the lawyer to appoint beyond informing you of your right.
The authority that has the detainee in its custody shall immediately notify the Bar Association of the name of the person designated by the detainee to assist him with the purpose of locating and transmitting the professional assignment or, where appropriate, shall notify him of the request for the appointment of a lawyer for the detainee. job.
If the detainee has not appointed a lawyer, or the chosen one refuses the assignment or is not found, the Bar Association will immediately proceed to appoint a lawyer on duty.
The designated lawyer will go to the detention center as soon as possible, always within a maximum period of three hours from the receipt of the request. If he does not appear within said period, the Bar Association will appoint a new lawyer on duty who must appear as soon as possible and always within the indicated period, without prejudice to the requirement of disciplinary responsibility that the non-appearer may have incurred.
6. The assistance of the lawyer will consist of:
a) Request, where appropriate, that the detainee or prisoner be informed of the rights established in section 2 and that they proceed, if necessary, to the medical examination indicated in letter i).
b) Intervene in the procedures for declaring the detainee, in the procedures for recognition of the detainee and in those for the reconstruction of the events in which the detainee participated. The lawyer may request the judge or official who carried out the procedure in which he has intervened, once it has been completed, the declaration or expansion of the points that he deems appropriate, as well as the recording in the minutes of any incident that has taken place during your practice.
c) Inform the detainee of the consequences of the provision or refusal of consent to the practice of proceedings that are requested. If the detainee opposes the collection of samples by means of buccal smears, in accordance with the provisions of Organic Law 10/2007, of October 8, regulating the police database on identifiers obtained from DNA, the judge of instruction, at the request of the Judicial Police or the Public Prosecutor's Office, may impose the forced execution of said procedure by resorting to the minimum essential coercive measures, which must be proportionate to the circumstances of the case and respectful of their dignity.
d) Have a confidential interview with the detainee, even before a statement is received by the police, the prosecutor or the judicial authority, without prejudice to the provisions of article 527.
7. Communications between the person being investigated or accused and their lawyer will be confidential in the same terms and with the same exceptions provided for in section 4 of the article 118.
8. However, the detainee or prisoner may waive the mandatory assistance of a lawyer if his arrest is for acts that can be classified exclusively as crimes against traffic safety, provided that he has been provided with clear and sufficient information in a language simple and understandable about the content of said right and the consequences of the resignation. The detainee may revoke his resignation at any time.
art 520 lecrim
Article 520 of the Criminal Procedure Law refers to the entire detention process. In the first place, the arrest and the facts that fall on him must be communicated in a simple way. Subsequently, all the rights that he possesses will be read to him. Later, if he is a minor or a foreigner, he will be made available to the appropriate person and, finally, he will be able to choose a lawyer, either ex officio or assisted.
Article 520 of the Criminal Procedure Law is found within Title VI, dedicated to the summons, detention and provisional prison. More specifically in Chapter IV on the exercise of the right to defense, the assistance of a lawyer and the treatment of detainees and prisoners.
- Criminal Procedure Law
- Title VI. Of the summons, of the detention and of the provisional prison