POLICE

Spain has three main police forces, often with overlapping roles: local municipal police, the national police and the civil guard. They are all armed and should be treated with appropriate respect. Some regions, including the Basque area and Catalonia, have their own police forces. An elite special operations group is responsible for combating terrorism and guarding Spanish ambassadors and embassies abroad. Other forces include port police and armed guards employed by banks and security companies.

Municipal Police

Municipal police, referred to as Policia Local, are attached to the local town hall. They wear blue uniforms with white checked bands on their hats and sleeves, and patrol in white or blue cars or even on motor scooters. Municipal police deal with minor crime such as parking offences, civil disturbances and the enforcement of local laws. They control traffic and protect property.

National Police

Stationed in large towns the Policia Nacional deal with serious crime such as robbery, murder and muggings. Other duties include guarding embassies, railway stations, post offices, army barracks and controlling demonstrations. They are housed in a conventional police station, some of which have an extranjeros (foreigners) department which deals with residencia cards and other matters relating to foreigners such as controlling illegal immigrants.

Civil Guard

The Guardia Civil patrol Spain’s highways in pairs, on motorcycles or in cars. They mainly deal with traffic offences and road accidents, but also act as immigration officers and frontier guards. In villages too small for a national police station, the Guardia Civil stand in for all duties. These motorcycle policemen wear a green uniform assisting motorists in difficulty, but more likely stopping vehicles to check papers or to inform a motorist of an impending speeding fine.

Spanish police are generally tolerant and extremely helpful. Of course it is to be hoped that no major problems will arise and the worst encounter might be a fine for a traffic offence. If this happens the police will fill in a short report and can fine a non-resident on the spot. Drivers must have personal identification, driving licence and all car documents to hand. Some people resent carrying such valuable documents in a car and may well be excused for not carrying them. But it is illegal to be without at least a copy and it can be a real nuisance if the police insist on seeing them.

Basque Country and Catalonia

The two regions with the greatest autonomy have their own autonomous police forces, called the Ertxaintxa and the Mossos d’Escuadra. Eventually they may assume the functions of the Policia Nacional and Guardia Civil in their respective communities but, for the time being, they co-exist with national forces. The Mossos have taken over rural and highway policing from the Guardia Civil in many parts of Catalonia.

Denuncia

If you have a complaint against someone, a neighbour encroaching on land, someone making too much noise or creating smells, an official complaint can be made. It is called a denuncia meaning to report or to declare and is made to the Guardia Civil. The form, called the Certificate de Denuncia, is completed with an official stamp. It may take time, but each complaint will be investigated by the police and in most cases, the matter ends there. Denuncias can also be made by phone in Spanish and English by calling 902 102 112 and on the internet in Spanish at www.pohcia.es.

In the event of theft or loss of property a police report is required within 24 hours in order to reclaim this loss from an insurance company. The report is again a denuncia. In large cities and tourist areas where theft is common or pickpockets operate, it seems to be a policy to have a translator on hand at police station to offer help.

A denuncia is not the same as bringing charges to a court. Going to court to present a formal charge is more serious where the offending person and the person making the accusation must appear in front of a judge who will hear the case.

If a passport is lost or has been stolen (a common occurrence), and you need to travel home immediately, it is possible to obtain an emergency passport, valid for a oneway trip only, from the nearest British Consulate. To do this it is necessary to present a Lost and Stolen passport form, a passport application form, a denuncia and two passport-sized photographs. It is possible to wait at the consulate for an application to be processed, or to apply for a replacement passport from the British Consulate-General in Madrid by post.

GOING TO COURT

Too slow! Too costly! Too formal! However it is unlikely that the average citizen of Spain will have anything to do with a court. Spanish courts do work well, albeit slowly. The role of an Examining Magistrate has been well publicised on television whenever a high profile UK citizen is arrested. A starting point for any private action is to consult an abogado who will advise a correct course of action, the chance of success and costs involved.

Having said that, it is possible to go it alone. The Law of Civil Judgment makes it easier for businesses and services to pursue a case for bad debts allowing a claim to be filed without a lawyer for debts up to 30,000€. Once the facts are presented the judge will order a hearing. If the debtor does not appear, of if the judge decides they have not presented a valid reason for not paying the debt, they will order the debtor to pay up within 20 days. Further non-payment will result in the debtor’s assets being seized by the court. The language barrier makes this a difficult procedure for the average foreigner, consequently hiring an abogado is necessary, which regrettably is precisely what this procedure is designed to avoid.

Legal aid

Going to court entails costs, mainly for pre-legal advice, solicitors’ fees, publishing announcements in official journals and deposits required for lodging certain appeals and experts’ fees. These costs normally have to be paid, up front, by the party concerned. At the end of the trial the court has to decide which party has to ultimately to bear the costs. This is governed by a principle of the loser paying.

Legal aid is a right for all members of the public who cannot afford the costs of a trial and have insufficient means, defined as where the total monthly income of the family unit is less than twice the national minimum wage set annually by the government. Even a non-resident may qualify for free legal aid.

Employees have the right to free representation before a labour court when they feel they have been mistreated by their Spanish employer. In this instance they must be in the social security system.

Legal aid is available for all cases involving sums of over 900€ and covers proceedings, appeals and enforcement of judgments. In cases involving smaller sums, for which the services of a solicitor and barrister are not compulsory, legal aid may be granted where the other party does have legal representation, or when explicitly called for by the judge or court to ensure the two parties are on an equal footing.

An application form for legal aid is available from Legal Guidance Departments of Bar Associations (Colegios de Abogados), or the Offices of Senior Judges (Decanatos) at courts and at provincial Legal Aid Commissions. The request should include documentation showing personal financial circumstances, the financial situation of the members of the family unit, the legal protection sought and particulars of the litigants.

As a rule, the solicitor (abogado) is appointed by the Bar Association on a rota. However, the individual may choose a solicitor, provided they agree not to charge. The legal professional who actually appears in court has to be someone other than the abogado. This is a barrister (procurador) who represents clients in court throughout the trial.