More rights to interpreters, translation and information in criminal cases

Automatic summary, not yet reviewed

1. Defendants who do not speak or understand Spanish or the official language of the proceedings have the right to an interpreter in all proceedings, including police or prosecutor questioning and all court hearings, and to use an interpreter when talking with their lawyer. They also have the right to a written translation of essential documents, such as the order committing them to prison, the charging document and the judgment, and the Administration pays the costs.
2. The translation must be done within a reasonable time and procedural deadlines are suspended once it is ordered. Interpreting may be provided by videoconference, unless the judge or prosecutor orders the interpreter's physical presence to protect the defendant's rights.
3. Court translators and interpreters are appointed from lists drawn up by the Administration, although in urgent cases another capable person who knows the language may be temporarily authorized. If the translation or interpretation does not offer sufficient guarantees of accuracy, the judge, court or prosecutor may order checks or appoint a new professional.
4. If the judge or court denies the right to interpretation or translation, the decision must be documented in writing and can be appealed. During the trial, the defense may have its objection recorded in the court record.
5. Every person under criminal investigation or prosecution must receive, without unjustified delay, clear information about the acts they are accused of and about their rights: examining the case files, choosing a lawyer, applying for free legal aid, remaining silent and not incriminating themselves or pleading guilty. The information is given in understandable language, adapted to their age, maturity, disability or other personal circumstances.
6. Detained or imprisoned persons must be informed in writing, immediately and in a language they understand, of the acts they are accused of, the reasons for their loss of liberty and their rights, including access to the parts of the case file needed to challenge the legality of their detention and the maximum legal length of detention. They also have the right to a free interpreter and to keep the written statement of rights throughout the detention.

Who it affects

• Defendants who do not speak or understand Spanish or the official language of the proceedings: They have free access to an interpreter and to translation of essential documents.
• People who are deaf, hard of hearing or deafblind: They can use sign language interpreters and support tools for oral communication.
• Detained or imprisoned persons: They must receive written, immediate information about the acts they are accused of, the reasons for their detention and their rights.
• Court translators and interpreters: An Official Register will be created for qualified professionals who act before the courts and the police.
• Judges, prosecutors and court staff: They must receive training on communication with the help of an interpreter in criminal proceedings.

Words worth knowing

Imputado o acusado

Person accused of a crime within a criminal case.

Ley de Enjuiciamiento Criminal

The Spanish law that governs how criminal trials work.

Ley orgánica

A type of Spanish law reserved for major matters such as fundamental rights; it requires stronger majorities to pass.

Ministerio Fiscal

The public institution that defends legality and citizens' rights in court, known as the Public Prosecutor's Office.

Prisión provisional

A measure by which an accused person is held in prison while the case is resolved, before the judgment.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries