Right to Defense and Free Legal Assistance


Updated on:

Amparo Appeal

At present, it is essential that citizens know their rights in case they find themselves in a situation that deserves to remember them. That is why, throughout this post, you will know everything related to the Right to Defense and Assistancelegal authority. Continue reading to learn more about this interesting topic.

What is the Right to Defense and Legal Assistance?

It is an indispensable right, which is supported by international conventions, it is emphasized in Spain and this is reflected in the Constitution of said country and in the Criminal Procedure Law. 

It refers to the guarantees that protect every person who is in a criminal proceeding from the moment it is carried out. In the Criminal Procedure Law, the article that expresses the rules that ensure an optimal criminal procedure is 118, it protects the person who is tried under punishable charges.

Right to Defense and Free Legal Assistance
Right to Defense and Free Legal Assistance

Article 118 that ratifies the Right to Defense and Free Legal Assistance

The Criminal Procedure Law, in its article 118, expresses various rules that guarantee the person who finds himself with punishable acts attributed, a due criminal procedure from the beginning and the development of the same until the final verdict. In said article, the following rights are found:

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

  • Right to be informed regarding the facts attributed.
  • Analyze the situation in advance before the statement.
  • Act in criminal proceedings and exercise the right to defense.
  • You can designate a lawyer freely and without obligation.
  • You have the right to require Free Legal Assistance.
  • You can request a translation if necessary to fully understand the situation of the case and its development.
  • You have the right to remain silent and not make a statement.
  • He has the total freedom not to testify against him and not to confess that he is guilty.

Article 119

In this article, the rights that protect all those legal persons that are in criminal proceedings for attributed punishable acts are established. It establishes the following:

  • The subpoena will be sent to the legal person at the address and has complete freedom when appointing a lawyer.
  • You will be informed about the facts attributed in the company of the lawyer appointed by the legal person.
  • The Judge will be the one who communicates directly to the lawyer about the charges that are attributed to his client. It is worth mentioning that said information will be sent in writing.
  • It has the right to designate a Procurator, so that the requests are not sent directly to the domicile of the legal person, in its absence they will be sent to the designated Procurator.

As we can see, article 19 maintains a relationship with article 118 in certain aspects in reference to the Right to Defense and Legal Assistance. In which the right to the possibility of designating the defender freely is highlighted, however, in case of not doing so, the court will award one to you. 

What do the articles want to achieve with respect to the Right to Defense and Legal Aid?

These articles are intended to reinforce or support the management or management of criminal proceedings so that they are carried out in a fair and calm manner. At the same time, it seeks to defend and protect all persons who have been accused of punishable acts, from the beginning of the procedure until it has ended.

They express the rights and freedoms that people have when facing an accusation under punishable acts. Among which stand out the possibility of appointing a lawyer and a solicitor in the case of legal persons, in turn, they maintain the right to remain silent and not make any type of statement in this regard.

It is also sought that the person understands the situation in the best possible way, so they have the right to request a translation in case they do not understand the legal terms that are used in certain circumstances.

Leave a comment