Rights when a person is detained


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The Rights when a person is detained They are a set of primary legal provisions for criminal due process. They must enter into force immediately the moment the individual is detained to start the process of deprivation of liberty.

They are elementary because they allow to assert integrity and civil protection of each person before society and the law. It is important that every subject knows these rights for a fair criminal process and in optimal conditions. 

It will be up to the authorities or a lawyer to provide the list of rights for the detainee.

Modifications of rights for a detained person

There is an expansion of the rights of the detainee after a reform in the Criminal Procedure Law.

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It was carried out in 2015 and established a wording modification within the article 520. This is how the precept whose main occupation is to establish the rights of the detainee would be expanded.

This highlights the importance of contact a lawyer from the initial moment of announcing the complaint in person. Receiving the best advice is key to being able to preserve the guarantee of personal rights as an individual.

A lawyer is the main person in charge of keeping up to date on all legal matters, as part of his professional work. However, for this reason it is always recommended hire lawyers specialized in criminal law to have the necessary legal experience.

Criminal organization
Rights when a person is detained

What are the main rights of a person when detained?

The modified article 520.2 of the LECrim establishes that in summary that a detained or imprisoned person must be informed in writing. Said communication must be presented in clear and simple language to explain the facts attributed to him.

In addition to the facts, the reasons must be substantiated and also express the following rights that you will have after your arrest:

  • Right to remain silent: the detainee may not answer any question or affirm that he will only testify before the judge.
  • Right not to confess guilt or not make statements against his own person.
  • right to designate lawyer: there will be no prejudice to the provisions of section 1.a) of article 527. You can receive immediate assistance either personally or through other means of direct communication such as calls or video conferences.
  • Right of access to primordial or essential elements regarding the actions committed that challenge the legality of the detention.
  • Right to report your deprivation of liberty to your relatives or any other person whenever you want. In the case of foreigners, establish contact with the consular office corresponding to their nationality.
  • Right to make a telephone call to a third party of free choice, always in the presence of a police officer. It can also be an official appointed by a judge or the prosecutor.
  • Right to consular visit of their respective country by the competent authorities to communicate and establish contact with the detainee.
  • Immediate right to request free legal assistance, procedure to do it and knowledge of all the conditions to obtain it.
  • Right to interpretive assistance as it is a foreigner who does not understand or speak the Spanish language. Also included is the request for an interpreter for people who are deaf or hard of hearing.

Rights related to the detention of a person

There are a number of rights when a person is detained that are collected within the rights of the detainee. It should be clarified that the law does not mention them under this denomination but they continue to be taken as valid, mentioning some such as:

  • The detainee must have the necessary information on the maximum duration of the legal period of detention. This until the judicial authority and the challenge procedure and the legality of the detention are available.
  • When through writing there is no understandable bill of rights for the detainee, the interpreter is used. This individual is in charge of pronouncing and delivering the written declaration of rights immediately.
  • Regardless of the cases, the person deprived of liberty has the right to keep written bill of rights. You can keep it under your power during the entire term of detention.
  • If the detainee have more than two nationalities, he must choose the consular authority that he wishes to inform of his legal status.
  • right to a reserved interview before the trusted lawyer, can be done before the police statement, prosecutor, etc.

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