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Pre-trial detention

A custodial precautionary measure that only a court may order when statutory conditions are met.

What to bear in mind

It is not advance punishment. Necessity, proportionality, purposes and duration are subject to limits and judicial oversight.

Preparing for your consultation

Keep summonses, complaints and court orders, note notification dates and obtain advice before giving a statement or missing a deadline. Preserve original documents.

Legal source

Criminal Procedure Act, article 502 · BOE (opens in a new tab)

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General information on Spanish law. Application depends on the facts, current legislation and, where relevant, regional civil law or international rules. Reviewed: 26 October 2026.

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