When a tourist faces criminal charges in Alicante, the same Criminal Code applies to them as to any resident, but with three added difficulties: the language, unfamiliarity with the system and the urgency of getting home. The good news is that the law provides for a free interpreter, notification of your consulate and arrangements which, in many cases, mean you do not have to stay in Spain until the trial.
We explain the most common situations, what happens if you are arrested and what consequences a conviction can have for a foreign national.
The most common criminal situations on holiday
Theft: as a victim or as the accused
Tourists are often victims of theft in crowded areas. But they can also be accused, for example, of taking something from a shop or picking up someone else’s belongings. Theft of up to €400 is a minor crime (delito leve) punishable by a fine of one to three months; above that amount, by imprisonment of six to eighteen months (Art. 234 of the Criminal Code, Código Penal).
Fights and bodily harm
An argument in the early hours can end in the minor crime of physical assault (maltrato de obra) or in the crime of bodily harm (lesiones) if the other person needs medical treatment (Art. 147: imprisonment of three months to three years or a fine).
Drink-driving
Driving with more than 0.60 mg/l in exhaled air (1.2 g/l in blood) or under the influence of alcohol is a crime: imprisonment of three to six months, or a fine of six to twelve months, or community service, and in all cases loss of your driving licence for one to four years (Art. 379.2). Below that level but above the administrative limit, it is a traffic infringement. More on drink-driving.
Drugs
Using or carrying drugs for personal use in a public place is not a crime, but it is a serious infringement under Organic Act 4/2015 (Ley Orgánica de protección de la seguridad ciudadana), with a fine of €601 to €30,000. If the quantity or the circumstances suggest dealing, it may be an offence against public health: one to three years’ imprisonment, or three to six years if the substance causes serious harm to health (Art. 368 CP).
Cards and payments
Fraudulent use of someone else’s cards or payment details is fraud (estafa), punishable by imprisonment of six months to three years (Art. 249). A simple failure to pay or a dispute over a holiday rental, on the other hand, is usually a civil matter.
If you are arrested: your rights
You have the same rights as any detained person (Art. 520 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal, LECrim) and, as a foreign national, some specific ones:
- A free interpreter and written information about your rights in a language you understand.
- To have your consulate notified of your detention and to receive visits from it.
- A lawyer of your choice or a duty lawyer (abogado de oficio), with a private consultation before you make any statement.
- A maximum of 72 hours before you are released or brought before a judge.
We explain this in detail in what to do if you are arrested at Alicante-Elche airport.
Can I go back to my country before the trial?
It depends on the offence and how the proceedings develop:
- Minor crimes: the trial can be held at the duty court (juzgado de guardia) itself. If that is not possible and you live outside the judicial district, you are not obliged to attend: you can send a written defence or grant a lawyer power of attorney to submit your arguments and evidence (Art. 970 LECrim).
- Speedy trial (juicio rápido): for offences such as drink-driving or theft of more than €400, the case can be closed at the duty court with a plea agreement (conformidad), with the sentence reduced by a third. This needs to be carefully considered before signing.
- Longer proceedings: the judge may grant you provisional release on condition that you appear whenever summoned and, if there is a risk of flight, retain your passport (Art. 530 LECrim). If the prosecution seeks up to two years’ imprisonment (or up to six years of other penalties) and you have been properly summoned, the trial can be held in your absence (Art. 787 LECrim), which has advantages and disadvantages.
What you should not do is ignore the matter: if you do not respond to summonses, warrants for your arrest may be issued, including a European Arrest Warrant if you live in another EU country.
Consequences of a conviction for a foreign national
Criminal record
A conviction in Spain gives rise to a criminal record which, provided you do not reoffend, is expunged after six months for minor crimes, between two and five years for less serious crimes and ten years for serious crimes (Art. 136 CP). Within the European Union, Member States exchange information on convictions, so it may appear in your home country. See removing a criminal record.
Expulsion
If a foreign national is sentenced to imprisonment of more than one year, the Criminal Code provides for the sentence to be replaced by expulsion from Spain, with a ban on returning for five to ten years (Art. 89). This does not apply if it would be disproportionate in view of your ties to Spain. For EU citizens it is only possible if they represent a serious threat to public order or public security. We explain this on our page about our criminal lawyer for foreigners service.
Tips to avoid spoiling your holiday
- If you have been drinking, do not drive: take a taxi or public transport.
- Do not pick up other people’s belongings or buy counterfeit goods.
- When dealing with the police, stay calm, identify yourself and do not resist.
- If you are arrested, do not sign anything you do not understand and ask for an interpreter.
Frequently asked questions
Do I need a Spanish lawyer?
In practice, yes: you need a lawyer who practises before the Spanish courts and knows the procedure. Our team will assist you in your language and can coordinate with your own lawyer in your home country.
Can I pay the fine from my home country?
Usually yes, by bank transfer to the court’s account. It is advisable to pay on time: non-payment can be converted into subsidiary personal liability (responsabilidad personal subsidiaria).
If you or a family member has a criminal law problem during a stay in Alicante, call us on 607 449 491 (also WhatsApp). Our team will assist you in your language and explain what is happening and what options you have.
