Major sporting events or public gatherings can sometimes lead to tense situations — especially when emotions run high among fans or groups. If you’re a foreign national and get caught up in a fight, a disturbance, or any public incident in Spain, whether actively or by being in the wrong place at the wrong time, this guide explains your legal rights and what you should do.
This information is particularly relevant for events like the UEFA Europa League Final in Bilbao, where thousands of international visitors are expected and public order enforcement is strict.
1. What Is Considered a Crime or Offense in Spain?
Spanish law distinguishes between administrative infractions (minor disturbances) and criminal offenses (punishable by prison or serious fines). Depending on the circumstances, you could face fines, summary trials, or full criminal proceedings.
You could be detained or charged if you:
- Participate in a physical fight or aggressive confrontation
- Cause damage to public or private property
- Carry weapons or dangerous objects
- Are intoxicated and disruptive
- Disobey or resist police instructions
- Injure another person, even unintentionally
- Act as part of a violent group (e.g., football hooligans)
Some of these may be considered public safety violations, while others fall under criminal law provisions in the Spanish Penal Code.
2. What Happens If You’re Detained by Police in Spain?
If detained, you have the right to:
- Remain silent
- Request a lawyer, including a free duty lawyer
- Access a free interpreter in your language
- Contact your consulate
- Inform a family member or trusted person
Critical advice:
Do not make any statement about the facts to the police before speaking with a lawyer. Many foreigners make mistakes during initial questioning that are hard to undo later in court.
The safest strategy is to:
- Exercise your right to remain silent
- Wait until your defense lawyer has reviewed the case file and understands the allegations against you
Detained in the Evening or at Night: What Happens Next?
If you’re arrested in the afternoon or evening, you’ll likely spend the night in a police cell. In Spain, court appearances do not begin before 9:00 AM the next working day.
During your first appearance before the judge:
- Your lawyer will have access to the case file and can advise you effectively
- You may choose to make a statement with proper legal support
- This hearing is crucial — it can clarify misunderstandings and offer key facts for your defense
Following the hearing, the judge will decide whether to:
- Release you (with or without conditions)
- Or order pre-trial detention (for serious charges or risk of flight)
In case of detention, a full criminal investigation will begin, and your lawyer will guide the next legal steps.
3. Common Charges in Public Incidents
Depending on the situation, you may face charges for:
- Public disorder (Article 557 of the Penal Code)
- Bodily harm or assault (Articles 147 and following)
- Damage to property (Article 263)
- Resisting or assaulting police (Articles 550–556)
- Group violence or incitement (often treated as an aggravating factor)
Less serious cases are handled under fast-track procedures (“juicio rápido”), while serious ones involve a full investigation and court process.
4. Why a Criminal Case in Spain Can Affect You Abroad
Many foreign nationals wrongly believe that a Spanish conviction only has effects inside Spain. This is not true.
Spain is part of the European Criminal Records Information System (ECRIS), meaning that any final conviction in Spain is automatically shared with the authorities in your home country.
As a result:
- Your criminal record may be updated in your country, even if you’ve never committed a crime there
- It can impact your employment opportunities, especially for public jobs or licenses
- It may affect your residency, nationality, or visa applications
- You may face travel restrictions or security screening
A conviction in Spain can have long-term consequences across Europe and beyond. This is why you should take any criminal case seriously, even if it seems minor.
Get legal advice as early as possible to avoid or minimize these effects.
5. What If You Were Just a Witness?
Even if you weren’t involved directly, the police may:
- Ask for your ID
- Temporarily hold you for questioning
- Photograph or record you
Cooperate calmly, but remember:
- You don’t have to testify without a lawyer
- Never sign documents you don’t fully understand
- You have the right to refuse to give a statement at the police station
Always consult a lawyer before speaking, especially if there’s a chance you could be misidentified as a participant.
6. What Happens Before the Judge?
During the first court appearance, the judge can:
- Release you with or without charges
- Impose precautionary measures (e.g., passport surrender)
- Order pre-trial detention (for serious or repeated offenses)
- Offer a plea deal (reduced sentence for early admission of guilt)
If you’re allowed to return to your country, your lawyer can continue to represent you. But missing court dates can lead to a European arrest warrant.
7. Why Legal Representation Is Essential
A criminal defense lawyer with international experience will:
- Advise you during police questioning and court hearings
- Coordinate with your family or consulate
- Handle bail applications
- Negotiate a plea deal if advisable
- Represent you at trial and manage media exposure if needed
What you do in the first 24 hours is crucial — don’t speak to police or sign anything without legal counsel.
Need Help Now?
Our criminal defense team represents English- and German-speaking clients involved in public incidents and arrests throughout Spain.
Whether you’re a tourist, a resident, or simply in the wrong place at the wrong time — we help you understand your rights and protect your future.
